Terms of service

This website is operated by SHIMADA・ANTIQUES Co., Ltd., trading as KATSUYOSHI SHIMADA. Throughout the site, the terms “we”, “us” and “our” refer to SHIMADA・ANTIQUES Co., Ltd. We offer this website, including all information, tools and services available through it, to you, the user, subject to your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/or purchasing something from us, you use our “Service” and agree to be bound by these Terms of Service (“Terms”), including any additional terms, conditions and policies referenced here or made available by hyperlink. These Terms apply to all users of the site, including, without limitation, visitors, vendors, customers, merchants and contributors of content.

Please read these Terms carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by them. If you do not agree to all the terms and conditions of this agreement, you may not access the website or use the Service. If these Terms are considered an offer, acceptance is expressly limited to these Terms.

Any new features or tools added to the current store will also be subject to these Terms. You may review the current version of the Terms at any time on this page. We reserve the right to update, change or replace any part of these Terms by posting updates or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of, or access to, the website after any changes are posted constitutes acceptance of those changes.

Our store is hosted by Shopify Inc. Shopify provides the online e-commerce platform that enables us to sell our products and services to you.

SECTION 1 — ONLINE STORE TERMS

By agreeing to these Terms, you represent that 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 have given us your consent to allow any of your minor dependants to use this site.

You may not use our products for any illegal or unauthorised purpose, nor may you, in your use of the Service, violate any laws in your jurisdiction, including, without limitation, copyright laws.

You must not transmit any worms, viruses or code of a destructive nature.

A breach or violation of any of these Terms will result in the immediate termination of your access to the Service.

SECTION 2 — GENERAL CONDITIONS

We reserve the right to refuse the Service to anyone, for any reason, at any time.

You understand that your content, excluding credit card information, may be transferred without encryption and may involve (a) transmissions over various networks and (b) changes made to conform and adapt to the technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, your use of the Service, access to the Service, or any contact on the website through which the Service is provided, without our express written permission.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 — ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is inaccurate, incomplete or out of date. 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 material on this site is at your own risk.

This site may contain certain historical information. Historical information is necessarily not current and is provided for 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 it. You agree that it is your responsibility to monitor changes to our site.

SECTION 4 — CHANGES TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice.

We reserve the right to modify or discontinue the Service, or any part or content of it, at any time without notice.

We will not be liable to you or any third party for any modification, price change, suspension or discontinuation of the Service.

SECTION 5 — PRODUCTS OR SERVICES

Certain products or services may be available exclusively online through the website. These products or services may be available in limited quantities and may be returned or exchanged only in accordance with our Refund Policy.

We have made every reasonable effort to display the colours and images of our products as accurately as possible. We cannot guarantee that your computer monitor or other device will display colours accurately.

We reserve the right, but are not obliged, to limit 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 that we offer. All product descriptions and prices are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for a product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

SECTION 6 — ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. At our sole discretion, we may limit or cancel quantities purchased per person, household or order. These restrictions may include orders placed by or under the same customer account or credit card, or orders using the same billing and/or shipping address. If we change or cancel an order, we may attempt to notify you using the email address, billing address or telephone number provided when the order was placed. We reserve the right to limit or prohibit orders that, in our judgement, appear to have been placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made through our store. You agree to promptly update your account and other information, including your email address, credit card numbers and expiry dates, so that we can complete your transactions and contact you when necessary.

For further details, please review our Refund Policy.

SECTION 7 — OPTIONAL TOOLS

We may provide access to third-party tools that we do not monitor and over which we have no control or 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 endorsement. We will have no liability arising from or relating to your use of optional third-party tools.

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

We may also offer new services and/or features through the website in the future, including the release of new tools and resources. Such new features and/or services will also be subject to these Terms.

SECTION 8 — THIRD-PARTY LINKS

Certain content, products and services available through our Service may include materials from third parties.

Third-party links on this site may direct you to websites that are not affiliated with us. We are not responsible for examining or evaluating their content or accuracy, and we do not warrant and will not have any liability or responsibility for third-party materials or websites, or for any other materials, products or services provided by third parties.

We are not liable for any harm or damage related to the purchase or use of goods, services, resources or content, or to any other transactions made in connection with third-party websites. Please review the third party’s policies and practices carefully and make sure you understand them before entering into any transaction. Complaints, claims, concerns or questions regarding third-party products should be directed to the relevant third party.

SECTION 9 — USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you submit specific materials, such as contest entries, or if, without a request from us, you send creative ideas, suggestions, proposals, plans or other materials, whether online, by email, by post or otherwise (collectively, “Comments”), you agree that we may, at any time and without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any Comments that you send to us.

We are under no obligation to (1) keep Comments confidential, (2) pay compensation for Comments or (3) respond to Comments.

We may, but have no obligation to, monitor, edit or remove content that we determine, in our sole discretion, to be unlawful, offensive, threatening, defamatory, obscene or otherwise objectionable, or that violates any party’s intellectual property rights or these Terms.

You agree that your Comments will not violate any right of any third party, including copyright, trademark, privacy, personality or other personal or proprietary rights. You further agree that your Comments will not contain defamatory, unlawful, abusive or obscene material, or any computer virus or other malware that could affect the operation of the Service or any related website. You may not use a false email address, impersonate another person or otherwise mislead us or any third party as to the origin of any Comments. You are solely responsible for your Comments and their accuracy. We accept no responsibility and assume no liability 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.

SECTION 11 — ERRORS, INACCURACIES AND OMISSIONS

From time to time, information on our site or in the Service may contain typographical errors, inaccuracies or omissions relating to product descriptions, prices, promotions, offers, shipping charges, transit times or availability. We reserve the right to correct any errors, inaccuracies or omissions, to change or update information, or to cancel orders if any information in the Service or on a related website is inaccurate, at any time and without prior notice, including after you have submitted an order.

Except as required by law, we undertake no obligation to update, amend or clarify information in the Service or on any related website, including, without limitation, pricing information. 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 12 — PROHIBITED USES

In addition to other prohibitions set out in these 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 unlawful acts; (c) to violate any international, national, federal, prefectural, state or provincial regulation, rule, law or local ordinance; (d) to infringe 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 on the basis of 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 could affect the functionality or operation of the Service, 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, 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 13 — DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

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

We do not warrant that the results obtained from use of the Service will be accurate or reliable.

You agree that, from time to time, we may remove the Service for indefinite periods or cancel it at any time 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 it are, except as expressly stated by us, provided “as is” and “as available”, without any representation, warranty or condition of any kind, whether express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title and non-infringement.

To the fullest extent permitted by applicable law, SHIMADA・ANTIQUES Co., Ltd. and our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers and licensors will not be liable for any injury, loss or claim, or for 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 similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of the Service or any products obtained through it, or from any other claim relating in any way to your use of the Service or any product. This includes, without limitation, any errors or omissions in content, or any loss or damage incurred as a result of using the Service or any content or product posted, transmitted or otherwise made available through the Service, even if advised of the possibility of such loss or damage.

Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in those states or jurisdictions our liability will be limited to the maximum extent permitted by law.

SECTION 14 — INDEMNIFICATION

You agree to indemnify, defend and hold harmless SHIMADA・ANTIQUES Co., Ltd. and our parent company, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees from any claim or demand, including reasonable legal fees, made by any third party arising from or relating to your breach of these Terms or the documents incorporated by reference, or your violation of any law or the rights of a third party.

SECTION 15 — SEVERABILITY

If any provision of these Terms is determined to be unlawful, void or unenforceable, that provision will nevertheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion will be deemed severed from these Terms. Such a determination will not affect the validity and enforceability of the remaining provisions.

SECTION 16 — TERMINATION

The obligations and liabilities of the parties incurred before the termination date will survive the termination of this agreement for all purposes.

These Terms remain effective unless and until terminated by either you or us. You may terminate these Terms at any time by notifying us that you no longer wish to use the Service, or by ceasing to use our site.

If, in our sole judgement, you fail, or we suspect that you have failed, to comply with any term or provision of these Terms, we may terminate this agreement at any time without notice. You will remain liable for all amounts due up to and including the date of termination, and we may accordingly deny you access to the Service, or any part of it.

SECTION 17 — ENTIRE AGREEMENT

Our failure to exercise or enforce any right or provision of these Terms will not constitute a waiver of that right or provision.

These Terms, together with any policies or operating rules posted by us on this site or in relation to the Service, constitute the entire agreement and understanding between you and us and govern your use of the Service. They supersede all prior or contemporaneous agreements, communications and proposals between you and us, whether oral or written, including, without limitation, any previous versions of these Terms.

Any ambiguity in the interpretation of these Terms will not be construed against the drafting party.

SECTION 18 — GOVERNING LAW

These Terms and any separate agreements under which we provide the Service to you will be governed by and construed in accordance with the laws of Japan.

SECTION 19 — CHANGES TO THESE TERMS

You may review the current version of these Terms at any time on this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of, or access to, our website or the Service after changes to these Terms are posted constitutes acceptance of those changes.

SECTION 20 — CONTACT INFORMATION

Questions about these Terms should be sent to katsuyoshishimada.info@gmail.com.