Terms of service

Overview
Welcome to Kimonozuki! "We" or "the Company" refers to Kimonozuki. Kimonozuki operates this online store and website, providing a curated shopping experience (hereinafter referred to as "Services") that includes all related information, content, features, tools, products, and services. Kimonozuki is operated via Shopify and provides services to customers.

These Terms of Use, along with all policies referenced herein (collectively, the "Terms" or "Agreement"), describe your rights and responsibilities when using our Services.

Please read these Terms carefully, as they contain important information about your legal rights, as well as disclaimers of warranties and limitations of liability.

By browsing or using our Services, you agree to these Terms and our Privacy Policy [LINK]. If you do not agree to these Terms or the Privacy Policy, please do not access or use our Services.

 

Article 1 – Access and Account
By agreeing to these Terms of Use, you represent that you are of legal age in your state or region of residence and that you consent to the use of the Services by any minors under your custody who use devices owned, purchased, or managed by you.

When using our Services (including accessing or browsing the online store or purchasing products or services provided by us), you may be required to provide certain information such as your email address, billing information, 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 managing your account credentials and all activities conducted under your account. You may not transfer, sell, assign, or license your account to others.

Article 2 – Our Products
We make every effort to accurately represent the products and services on our online store. However, please understand that due to differences in the type, settings, or configuration of your device, the colors and appearance of products as displayed on your screen may differ from their actual appearance.

We do not guarantee that the products or services you purchase will meet your expectations regarding appearance or quality, nor that they will match the descriptions displayed on our online store.

Product descriptions are subject to change at any time without notice, at our sole discretion. We reserve the right to terminate the sale of any products at any time and, at our discretion, to restrict the quantity of certain products offered to specific individuals, regions, or jurisdictions.

Article 3 – Orders
Placing an order constitutes an offer to purchase. Kimonozuki reserves the right, at its sole discretion, to accept or reject any order, regardless of the reason. An order is not considered accepted until Kimonozuki confirms its acceptance. Before confirming your order, we must receive and process your payment. Please review your order carefully before finalizing it. Once your order has been accepted, we may not be able to accommodate cancellation requests. If we do not accept your order, or if we modify or cancel your order, we will notify you via the email address, billing address, and/or phone number provided at the time of purchase.

Returns or exchanges of purchased items are only handled in accordance with our Refund Policy [LINK].

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

Article 4 – Pricing and Billing
Prices, discounts, and promotions are subject to change without notice. The prices for products or service charges displayed at the time of your order will apply and will be listed in your order confirmation email. Unless explicitly stated otherwise, the displayed prices do not include taxes, shipping fees, handling charges, customs duties, or import fees.The prices displayed on our online store may differ from those offered at physical retail locations or on third-party online stores and other outlets. We may also run promotions on our services from time to time, and these promotions may influence prices and are governed by separate terms and conditions from these Terms of Use. In case of any conflict between the promotion conditions and these Terms, the promotion conditions shall take precedence.

You agree to provide the most current and accurate purchase, billing, and account information when making any purchase at our store. You also agree to promptly update your account information—including your email address, credit card number, expiration date, and other details—as necessary to complete transactions and contact you if needed.

You represent and warrant that:
(i) the credit card information you provide is true, accurate, and complete;
(ii) you have the lawful authority to use the credit card for your purchase;
(iii) charges to your credit card will be approved by your credit card company; and
(iv) you will pay all applicable prices, shipping fees, handling fees, and all relevant taxes.

Article 5 – Shipping and Delivery
We are not responsible for delays in shipping and delivery. Estimated delivery times are approximate and are not guaranteed. We are not responsible for delays caused by the shipping carrier, customs procedures, or circumstances beyond our control. Once the product has been handed over to the shipping carrier, ownership and risk of loss transfer to the customer

Article 6 – Intellectual Property Rights
Our services (including, but not limited to, trademarks, brands, text, displays, images, graphics, product reviews, videos, and audio, as well as their design, selection, and arrangement) are owned by Kimonozuki, its affiliates, or licensors, and are protected under U.S. and foreign patent, copyright, and other intellectual property laws.

Under these Terms of Use, you are permitted to use the services solely for personal and non-commercial purposes. You must not reproduce, distribute, modify, create derivative works of, publicly display, perform publicly, republish, download, save, or transmit content from the services without our prior written consent.

Unless explicitly stated in these Terms, nothing herein grants you any license or other rights under Kimonozuki's, Shopify's, or any third party’s patent rights, trademark rights, copyrights, or other intellectual property rights. Unauthorized use of the services may violate federal and state intellectual property laws. All rights not expressly granted herein are reserved by Kimonozuki.The name, logo, product and service names, designs, and slogans of Kimonozuki are trademarks of Kimonozuki, its affiliates, or licensors. You may not use these trademarks without prior written permission from Kimonozuki. The name, logo, product and service names, designs, and slogans of Shopify are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans appearing on the service are trademarks of their respective owners.

Article 7 – Optional Tools
From time to time, we may provide access to third-party customer tools as part of the Service, but we do not monitor, manage, or endorse the content of these tools.
You acknowledge and agree that we provide access to these tools "as-is" and "as-available," without any warranties, representations, or conditions, and without any support or endorsement. We assume no responsibility for any claims, damages, or liabilities arising from or related to your use of third-party tools.

Your use of any optional tools available through our site is at your own discretion and risk, and you must ensure that you understand and agree to the applicable terms of use set by the respective third parties.

In the future, we may introduce new features (including the provision of new tools or resources) through our services. These new features will also be considered part of the service and subject to these Terms of Use.

Article 8 – Links to Third Parties
Our service may include links or references (including embedded features) to websites operated or provided by third parties. We are not responsible for verifying, evaluating, or ensuring the accuracy or content of those third-party materials or websites. Accessing these materials or websites is at your own risk.

We shall not be responsible for any damages or losses incurred from or related to your access to third-party websites or the purchase or use of products, services, resources, or content on those third-party sites. Please review and understand the policies and practices of third parties before engaging in transactions or interactions. For complaints, claims, concerns, or questions regarding third-party products or services, please contact the third party directly.

Article 9 – Relationship with Shopify
[Note to merchants: This section accurately describes the relationship between Shopify and your store and should not be removed or modified.]
Kimonozuki is operated by Shopify, and we provide the service to you. However, all transactions you conduct on our store are directly between you and Kimonozuki. By using the service, you acknowledge and agree that Shopify is not responsible for any aspects of the transactions between you and Kimonozuki (including damages or injuries arising from the purchased products or services). You expressly release Shopify and its affiliates from any claims, damages, or liabilities related to or arising from your purchases and transactions with Kimonozuki

Article 10 – Privacy Policy
All personal information collected by us through the Service is subject to our Privacy Policy (which you can view here: [LINK]). Certain personal information may also be subject to Shopify's Privacy Policy (which you can view here: [LINK]). By using the Service, you acknowledge that you have read and understood these privacy policies.

Since the Service is hosted by Shopify, Shopify collects and processes your personal information related to your access and use of the Service, and uses this information to provide and improve the Service. Information you submit to the Service may be shared or transmitted to Shopify and third parties outside your country of residence to facilitate the provision of services. For more details on how we, Shopify, and our partners use your personal information, please review the Privacy Policy (here: [LINK]).

rticle 11 – Feedback
If you submit, upload, post, send via email, or otherwise transmit ideas, suggestions, feedback, reviews, proposals, plans, or any other content (collectively, "Feedback"), you shall be deemed to have granted us a perpetual, worldwide, sublicensable, royalty-free license to use, copy, modify, publish, distribute, and display the Feedback for any purpose, including commercial use. For example, we may use this license to operate, provide, evaluate, enhance, improve, and promote the Service, as well as to fulfill our obligations and exercise our rights under these Terms of Use.

You also represent and warrant that:
(i) you own all rights to the Feedback or have all necessary rights to submit it;
(ii) you have disclosed any rewards or incentives received in connection with submitting the Feedback;
(iii) the Feedback complies with these Terms of Use.

We are not obligated to:
(1) keep the Feedback confidential;
(2) pay any rewards for the Feedback; or
(3) respond to the Feedback.

We reserve the right, at our sole discretion, to monitor, edit, or delete Feedback that we determine to be unlawful, offensive, threatening, defamatory, libelous, pornographic, obscene, or otherwise inappropriate, as well as Feedback that infringes on third-party intellectual property rights or violates these Terms of Use. However, we are not obligated to do so.

You agree that your Feedback does not infringe upon any third-party rights, including copyright, trademark, privacy, publicity, or other personal or proprietary rights. Additionally, you agree that your Feedback does not contain defamatory, illegal, abusive, or obscene content, nor does it include computer viruses or malware that could impact the operation of the Service or related websites.

You must not use false email addresses, impersonate others, or conduct any conduct that misleads us or third parties regarding the origin of Feedback. You are solely responsible for the Feedback you submit and its accuracy. We do not assume any responsibility for Feedback posted by you or third parties, nor do we assume any legal liability arising from such Feedback.

Article 12 – Errors, Inaccurate Information, and Omissions
The Service or content within the Service may contain typographical errors, inaccuracies, or omissions regarding product descriptions, pricing, promotions, offers, shipping charges, delivery times, inventory status, and other details. We reserve the right to correct errors, inaccuracies, or omissions, and to modify or update information at any time without prior notice. Additionally, if any information is found to be inaccurate, we reserve the right, without prior notice (even after an order is placed), to cancel the relevant order.

Article 13 – Prohibited Activities
You agree to access and use the Service solely for lawful purposes. You must not directly or indirectly access or use the Service for any of the following purposes:

(a) For illegal or malicious purposes;
(b) In violation of international, federal, state, or local laws, regulations, or ordinances;
(c) Infringing upon or violating the intellectual property rights of the Company or third parties;
(d) Harassing, abusing, insulting, defaming, libeling, intimidating, or otherwise harming or threatening other employees or individuals;
(e) Sending false or misleading information;
(f) Sending, receiving, uploading, downloading, using, or reusing materials that do not comply with these Terms of Use;
(g) Sending or arranging advertisements or promotional materials ("spam," "chain mails," "junk mail," or similar solicitations);
(h) Impersonating or attempting to impersonate others or organizations;
(i) Engaging in acts that restrict or interfere with the use or enjoyment of the Service or that, in the Company's judgment, cause harm to Kimonozuki, Shopify, or Service users, or that may incur liability.

Furthermore, you agree not to engage in the following actions:
(a) Uploading or transmitting viruses or other malicious code that could affect or harm the functionality or operation of the Service;
(b) Reproducing, copying, selling, reselling, or misusing any part of the Service;
(c) Collecting or tracking others’ personal information;
(d) Sending spam, phishing, farming, using fraudulent pretenses, web crawling, or scraping;
(e) Interfering with or circumventing the security features of the Service, related websites, other websites, or the internet.

If we determine that you have violated any provision of these Terms of Use, we reserve the right, without prior notice, to suspend, disable, or terminate your account.

Article 14 – Termination of Agreement
We may, at our sole discretion and without notice, terminate this agreement or your access to the Service (or any part thereof) at any time, and you shall be responsible for any unpaid amounts up to the termination date.

The following provisions shall survive the termination of this agreement: intellectual property rights, feedback, termination, disclaimers of warranties, limitations of liability, indemnity, severability, waivers, complete agreement, transfer, governing law, privacy policy, and any other provisions that by their nature should remain in effect after termination.

Article 15 – Disclaimer of Warranties
The information provided on or through the Service is for general informational purposes only. We do not guarantee the accuracy, completeness, or usefulness of this information. If you rely on such information, any risks associated are solely your responsibility. We disclaim any and all liability and obligations arising from or related to your or any third party's reliance on these materials or the content of the Service.Except where expressly stated by Kimonozuki, all products and the service provided through the Service are offered on an "as-is" and "as-available" basis, without any warranties or conditions, whether express or implied, including but not limited to merchantability, fitness for a particular purpose, durability, title, or non-infringement. We do not guarantee, warrant, or represent that your use of the Service will be uninterrupted, timely, secure, or error-free. In some jurisdictions, limitations or exclusions of implied warranties or other warranties may not apply, and the above disclaimers may not be applicable.

Article 16 – Limitation of Liability
To the maximum extent permitted by law, in no event shall Kimonozuki, its partners, directors, officers, employees, affiliates, agents, contractors, service providers, licensors, or Shopify and its affiliates be liable for any damages or losses arising out of or related to your use of the Service or your use of products obtained through the Service, including but not limited to injuries, claims, or damages of any kind—direct, indirect, incidental, punitive, special, or consequential—including loss of profits, revenue, savings, data, substitute costs, or similar damages, whether based on contract, tort (including negligence), strict liability, or any other legal theory, even if we have been advised of the possibility of such damages.We also shall not be responsible for any errors, omissions, or damages arising from or related to the use of the Service or content (or products) submitted, transmitted, or otherwise provided through the Service, even if we have been notified in advance of the possibility of such errors or damages.

Article 17 – Indemnification
You agree to indemnify, defend, and hold harmless Kimonozuki, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from and against all losses, damages, liabilities, and claims (including reasonable attorney’s fees) that arise out of or relate to any third-party claims related to or caused by your breach of these Terms of Use or your violation of any applicable law or regulation.

1) Breach of these Terms of Use or any documents incorporated therein;
(2) Violation of applicable laws or third-party rights;
(3) Access to or use of the Service.

We will notify you of any claims subject to your indemnification. However, even if we do not provide such notice promptly, your indemnity obligations shall not be waived unless you suffer material harm. We may manage the defense and settlement of such claims at your expense, including the appointment of attorneys. However, we will not settle any claims involving obligations other than monetary obligations without your consent (such consent shall not be unreasonably withheld). You agree to cooperate in the defense of such claims, including providing relevant materials.

rticle 18 – Severability
If any provision of these Terms of Use is found to be unlawful, invalid, or unenforceable, that provision shall remain in effect to the maximum extent permitted by applicable law, and the unenforceable part shall be deemed severed from these Terms. Such a determination shall not affect the validity or enforceability of the remaining provisions

Article 19 – Waiver and Entire Agreement
The failure of the Company to exercise or enforce any rights or provisions of these Terms of Use shall not be deemed a waiver of such rights or provisions.
These Terms of Use, along with any policies or operational rules posted by the Company on the Site or related to the Service, constitute the complete and exclusive agreement and understanding between you and the Company regarding the use of the Service, superseding any prior or contemporaneous agreements, communications, or proposals (whether oral or written, including but not limited to previous versions of the Terms of Use).
Any ambiguity in the interpretation of these Terms of Use shall not be construed against the drafter.

rticle 20 – Assignment
You may not assign, transfer, or delegate any rights or obligations under this Agreement or these Terms of Use without our prior written consent. Any such attempt shall be null and void. We may assign, transfer, or delegate our rights and obligations under these Terms of Use without your consent or notice.

Article 21 – Governing Law
These Terms of Use and any separate agreements related to the services provided by us shall be governed by and construed in accordance with the laws of the jurisdiction where Kimonozuki's headquarters are located, including the federal and state courts (or territorial courts) therein. You and Kimonozuki agree to submit to the personal jurisdiction and venue of such courts.

Article 22 – Headings
The headings used in this Agreement are for convenience only and shall not affect the interpretation or enforcement of these Terms of Use.

Article 23 – Changes to the Terms of Use
You can review the most current version of the Terms of Use at any time on this page.
We reserve the right, at our sole discretion, to update, modify, or replace any part of these Terms of Use by posting updates or changes on our website. It is your responsibility to check our website regularly for such changes. We will notify you of significant changes to these Terms of Use in accordance with applicable law. Such changes will become effective from the date specified in the notice.
Continuing to use or access the Service after the changes are posted shall constitute your acceptance of those changes.

Article 24 – Contact Information
For any questions regarding these Terms of Use, please contact us at kimonozuki33@gmail.com.
Our contact details are as follows:

Kimonozuki
Email: kimonozuki33@gmail.com
〒325-0047
Wakaba-cho 2-13, Nasushiobara, Tochigi Prefecture, Japan
Phone: +81-287-62-6164