Terms of service

Effective from 2023/10/20

Last update: 2023/10/20

OVERVIEW

This website (https://tsukutte-ya.com/, the “Site”) is operated by TSUKUTTE-YA shop owner MASH CORPORATION (“Mash”). References in these Terms and Conditions to “we”, “us” “our” and “Seller” are to Mash. References to “you” or “your” are to you as the user.

Please read these Terms and Conditions carefully before accessing or using the Site. By using the Site and by registering to purchase Products through this Site, you are deemed to have accepted these Terms and Conditions, including those additional terms and conditions and policies referenced in these Terms and Conditions and/or available by hyperlink.

The “Product” or the “Products” refer to the products that you may order and that are sold on the Site. You acknowledge and understand that we will not sell and ship the Products outside of the following country: New Zealand.

Our store is hosted on Shopify Inc. Shopify provides us with the online e-commerce platform that allows us to promote and sell the Products to you. You acknowledge that Shopify is not a party to these Terms and Conditions, or the transactions completed between you and us.

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

You acknowledge that we may, at our sole discretion, amend, change, or replace any part, or all of the Terms and Conditions by updating them on the Site. We will alert you about any changes by updating the 'Last updated' date of the Terms and Conditions, and you waive any right to receive specific notice of each such change. It is your responsibility to check the Site periodically for changes. Your continued use of or access to the Site and/or continued purchase of Products from the Site after such amendments means that you are deemed to have agreed to the amended Terms and Conditions.

SECTION 1 – ONLINE STORE TERMS

The choice and purchase of any Products is your sole responsibility.

Unless proven otherwise, the data recorded in our computer system constitutes proof of all transactions concluded with you.

SECTION 2 - GENERAL CONDITIONS

We reserve the right to cancel an order or refuse to sell you Products or grant you access to the Site at our sole discretion. You understand that your content (except credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. You agree and acknowledge that the credit card information is controlled by Shopify Inc. and we are not liable for the management of such information.

You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Products without our express written permission.

SECTION 3 - USER REPRESENTATIONS

By using the Site, you represent and warrant that:

(1) all registration and account information you provide will be true, accurate, current, and complete;

(2) you will maintain the accuracy of such information and promptly update your account and other information when required, including but not limited to your postal address, email address and credit card numbers and expiration dates;

(3) you have the legal capacity to agree and comply with these Terms and Conditions;

(4) you are the older of 18 years of age or at least the legal age of majority in the jurisdiction you reside in and from which you access this Site and/or purchase any Products from this Site;

(5) you will not access the Site through automated or non-human means, whether through a bot, spider, scraper, script or other automated means;

(6) you will not use the Site or purchase any Products for any illegal or unauthorized purpose;

(7) you represent and warrant that your use of the Site will not violate any applicable law or regulations

(8) you may not, in the use of the Site or by purchasing any Products, violate any laws in your jurisdiction (including but not limited to copyright laws and other laws related to intellectual properties, and tax laws).

If you provide any information that is false, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site.

SECTION 4 - USER REGISTRATION

You have the option to register/create an account when you purchase Products (for example, if you purchase Products more than once and would like to store the required registration and account information to complete purchases on the Site). You are responsible for all account use and the security of your password.

We reserve the right to refuse, remove, reclaim, or change a username you select if we determine, at our sole discretion, that the username is inappropriate, obscene, or otherwise objectionable.

SECTION 5 – PRICE OF PRODUCTS

The “Price” is the price payable for the Products, which will be as displayed on the Site.

The Price of Products includes GST (where applicable) but exclude any other applicable taxes and/or duty charges.

Prices do not include shipping costs, which are calculated and added prior to confirmation of your order.

We have made every effort to ensure all Prices appearing on the Site are accurate at the time the relevant information was entered into the system. We reserve the right to modify the prices of our Products, without notice to you.

If your order is required to be shipped internationally, you will be the importer of the Products, and will be solely responsible and liable for compliance of all applicable laws, regulations, rules, and other similar requirements in connection with the import of the Products. You shall be solely responsible for all customs duties, fees, sales tax charges and any other import taxes and duties. These charges vary in each country and are out of our control so it is up to you to contact your local customs office for more information on what import duties or sales taxes that may be imposed.

SECTION 6 – PRODUCTS

We have made every effort to display as accurately as possible the appearances, colors, textures, finishes, features, specifications, and images of our Products that appear at the Site. However, we cannot guarantee that the Product images and details will be an accurate representation of the Products, as what you will see will depend on your electronic display, monitor and computer.

We reserve the right, but are not obligated, to limit the sales of our Products to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. All Products are subject to availability, and we cannot guarantee that the Products will be in stock. We reserve the right to limit the quantities of any Products that we offer.

All descriptions of Products are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any Product at any time.

In particular, the colors, color combinations, numbers, and patterns, may vary from one order to another and from series to series, where the Products are provided by third parties.

SECTION 7 – ORDER

To order a Product, you must select and place the Product in your cart, which can be deleted or modified before you complete your order. You will then be required to enter your shipping details, which includes your name, email addresses, postal address, and other contact details. After providing this information, shipping fees will be calculated and added onto the total price. To complete payment, you will be directed to a secure payment portal (which has been created by Shopify). Once payment is finalised, the order will be considered completed. It is your responsibility to verify and confirm the accuracy of the order.

Any order you place on the Site that is accepted by us will be effective and legally binding as a separate, individual contract. Following acceptance of your order, and subject to payment in full, the ownership of the Products will pass to you at the time of delivery of the Products.

We are under no obligation to accept any order from you, and we reserve the right at our absolute discretion to decline any order you place with us. We may, at 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 client account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or decline orders that appear to be placed by dealers, resellers or distributors.

SECTION 8 – PAYMENT

You can make payment via Shopify payment: VISA, Mastercard, American Express, Japan Credit Bureau, Shop Pay, Apple Pay, Google Pay. Shopify keeps your data secure by complying with Level 1 PCI DSS (Payment Card Industry Data Security Standard), which has the most stringent security requirements for payment.

SECTION 9 – SHIPPING AND DELIVERY

Orders are shipped through Japan Post Co., Ltd.

The Products are delivered to the place or address specified in an order, provided the payment of the order total of the Products has been made in full.

The delivery address given by you are under your sole responsibility and we disclaim all responsibility in the event of an error on it. In the case of a shipment of parcels to an address indicated by you which led to a return to us (e.g., due to lack of information, not living at indicated address, etc.), you shall be responsible for the return shipping costs.

The delivery date may vary depending on preparation and shipping times. We do not guarantee that Products will be delivered by the delivery date. Any delivery date given is an intended as an estimate only. Delivery may be made in instalments, at our sole discretion. By placing an order, you agree that we will not be liable for any fees, costs, loss, damage, or any other claims directly or indirectly arising out of or in connection with delay or failure to deliver within the indicated timeframe.

SECTION 10 – PRODUCT RETURN AND REFUND POLICY

Products are subject to return or exchange only according to our refund policy below.

If you have received a Product that is defective, damaged, or wrong Product, you must contact us within 15 days from the date of delivery and provide us with the following details (name, contact details, details of delivery, reason for the return of the Products, and any supporting evidence including photos of the Products). If you do not contact us by the required timeframe specified above, you will not be eligible for a return.

No refund or replacement will be issued unless we confirm in our discretion (when we examine the photos and supporting documents), that the Products were either damaged, were not in full working order when received by you or you received a different Product from what you ordered. You will be provided with a return approval upon being eligible for a return.

You must ensure that you return the Product within 7 days from receiving the return approval from us. The Products must be in the same condition that you received them in (i.e., unworn, or unused, with tags, and in the Product’s original packaging). You will also need to provide us with the receipt or proof of purchase. Certain Products, including but not limited to customized Products, Products on sale, and gift cards, cannot be returned.

We will refund you or replace the Products at our sole discretion and as soon as practicable. Products sent back to us without our return approval will not be accepted. We will notify you once we’ve received and inspected your return, and whether the refund or the replacement has been approved. If refunds of Products are approved, we will refund the payment to you. If replacement of Products is approved, we will endeavor to send you a replacement as soon as practicable.

We will not be responsible for any misuse, use for professional purposes, negligence, lack of maintenance, or normal wear and tear of the Products.

Please note that returns will need to be sent to the following address: MASH CORPORATION, 531-0072, Osaka City,5-6-10 Toyosaki Kita-ku, Shogyo Building 7F, JAPAN

SECTION 11 - THIRD-PARTY LINKS

Certain content available on the Site may include links, advertisements, and materials from third parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy of any third-party website. We assume no responsibility for any third-party materials or websites, or for any other materials, products, services, transactions, or purchases made in connection with any third-parties or third-party websites.

Once you leave the Site or are redirected to a third-party website or application, you are no longer governed by the Terms and Conditions. We assume no responsibility for the terms and conditions exercised by third party sites and we recommend you review their terms and conditions carefully.

SECTION 12 – COMMENTS AND REVIEWS ABOUT PRODUCTS

The Site may provide you with the opportunity to provide comments and reviews about our products. There is no obligation to provide comments or reviews but if you choose to do so, we assume you have voluntarily supplied this information, which may include your personal information. Your comments and reviews may be published or displayed on our Site, which means they may be viewable by other users of the Site and through third-party Sites.

You agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate, and otherwise use in any medium, any Contributions. We are and shall be under no obligation (1) to maintain any Contributions in confidence; (2) to pay compensation for any Contributions; or (3) to respond to any Contributions.

When you create or make available any comment or review, you represent and warrant that:

The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe or violates any rights of any third party, including but not limited to the copyright, patent, trademark, trade secret, moral rights, or rights of portrait, publicity or privacy.
You have written the comment or review and you authorize us to publish or display your comments or reviews in any manner contemplated by the Sites and these Terms and Conditions.
The comments or reviews are not false, inaccurate, or misleading.
The comments or reviews are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
The comments or reviews are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
The comments or reviews do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or disability.
The comments or reviews do not otherwise violate, or link to material that violates, any provision of the Terms and Conditions, or any applicable laws or regulations.

You agree that you will not use false contact details or mislead us or any third parties about your identity.

We may remove any comment or review that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms and Conditions.

SECTION 13 – PERSONAL INFORMATION

When you access the Site, submit an order for Products on the Site, or provide a comment or review about our products on our Site, any personal information you provide is collected by us and is governed by our Privacy Policy, which can be viewed here: https://tsukutte-ya.com/policies/privacy-policy

By using the Site, you agree to be bound by our Privacy Policy.

SECTION 14 – PROHIBITED USES AND INTELLECUAL PROPERTY

In addition to other prohibitions as set forth in the Terms and Conditions, you are prohibited from using the Site or its content:

(a) for any unlawful purpose;

(b) to encourage or solicit others to perform or participate in any unlawful acts;

(d) to infringe upon or violate our intellectual property rights or the intellectual property rights of any third party;

(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 provide or publish false or misleading information;

(g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Site or of any related website, or other websites;

(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 Site or any related website.

We reserve the right to terminate your use of the Site or any related website for violating any of the prohibited uses.

The Site and all its content including but not limited to text, logos, photos, images, and graphics are the intellectual property of Mash, unless otherwise stated. Intellectual property is subject to Japanese and International Copyright, Trademark, and other intellectual property laws. We do not permit reproduction, adaption or the use of this Site incorporated in or linked to any other work without our prior consent. The shop logo and the shop name “TSUKUTTE-YA” is trademark registered in New-Zealand.

SECTION 15 – MODIFICATION AND INTERRUPTION

We also reserve the right to modify or discontinue any or all of the Products without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Products.

We cannot guarantee you will be able to access the Site at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site during any downtime or discontinuance of the Site.

SECTION 16 - DISCLAIMER

To the fullest extent permitted by law, we disclaim all warranties, express or implied, in connection with the Products, any use and access of the Site including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

We make every effort to ensure that the Site is accurate, current, and complete at the time the relevant information was entered into the system. We make no warranties or representations about the accuracy, currentness, or completeness of the Site’s content or the content of any Sites or mobile applications linked to the Site and we will assume no liability or responsibility for any (1) errors, mistakes, or inaccuracies of content and materials, (2) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Site, (3) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (4) any interruption or cessation of transmission to or from the Site, (5) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the Site by any third party, and/or (6) any errors or omissions in any content and materials or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available via the Site. We do not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Site, any hyperlinked Site, or any Site or mobile application featured in any banner or other advertising, and we will not be a party to or in any way be responsible for monitoring any transaction between you and any third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use the best judgement and exercise caution where appropriate.

SECTION 17 - LIMITATION OF LIABILITY

To the extent permitted by applicable laws, we will not be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or exemplary damages, including but not limited to loss of profit, loss of revenue, loss of data, or other intangible losses or damages arising out of or relating to your use or inability to use the Site, order and purchase any Products, or these Terms and Conditions.

Notwithstanding anything to the contrary contained herein, our liability to you for any cause whatsoever and regardless of the form of the action, shall at all times be limited to the amount paid, if any, by you to us during the six (6) month period prior to any cause of action arising.

SECTION 18 - INDEMNIITY

You agree to indemnify us, and our related and associated companies including our parent company, subsidiaries, affiliates, our representatives, relevant suppliers, officers, directors, and employees, against all actions, claims, liabilities, costs (including legal costs), expenses or demands, suffered or incurred by us as a result of:

(1) any breach by you of your obligations under the Terms and Conditions (including but not limited to any breach of your representations and warranties);

(2) any negligent act, omission or non-performance of your obligations;

(3) your violation of any law or the rights of a third party.

SECTION 19 - SEVERABILITY

In the event that any provision of these Terms and Conditions is or is determined to be unlawful, void, or unenforceable, then (to the maximum extent permitted by law), that provision shall be severed from these Terms and Conditions, and this will not affect the validity or enforceability of the remaining provisions of the Terms and Conditions.

SECTION 20 – FORCE MAJEURE

Neither you nor we shall be liable to the other party for any delay or failure in the performance of its obligations under this agreement if and to the extent such delay or failure in performance is due to any cause or causes beyond the reasonable control of the party affected (“Force Majeure”), including, but not limited to, order, guidance, or regulations of government or governmental authorities, fire, storm, flood or earthquake, embargo or delivery delays; war (declared or not), rebellion, revolution, or riots; shortages of raw material of Product, epidemics, pandemic, radioactive contamination, strike or lockouts.

SECTION 21 - TERMINATION

The Terms and Conditions shall remain in full force and effect while you use the Site and/or have a registered account with us. You may cancel your account at any time. Without limiting any other provision of the Terms and Conditions, we reserve the right to, at our sole discretion and without notice and at any time (unless otherwise required by law), deny access to and use of the Site (including blocking certain IP addresses) or delete your account, if we suspect there is a breach of any representation, warranty, or obligation contained in the Terms and Conditions or if we suspect there is a breach or non-compliance of any applicable laws or regulations.

SECTION 22 - ENTIRE AGREEMENT

The Terms and Conditions, together with any policies or operating rules posted by us on this Site constitutes the entire agreement and understanding between you and us, superseding any and all prior or contemporaneous agreements, understandings, communications, and proposals, whether oral, written or both, between you and us (including, but not limited to, any prior versions of the Terms and Conditions). You acknowledge that you have not relied on any representation, warranty or agreement relating to the Site that is not expressly set out in these Terms and Conditions.

SECTION 23 - GOVERNING LAW AND JURISDICTION

The Terms and Conditions of access and use of this Site and the sale of Products, and any claims or disputes connected with the Site and/or the Products are governed by and construed in accordance with the laws of Japan. The Osaka District Court in Japan shall have the exclusive jurisdiction for the first instance for any dispute arising out of or in connection with the Terms and Conditions or your use of the Site.

SECTION 24 - CONTACT INFORMATION

After reviewing the Terms and Conditions, if you have any additional question, or want more information, please contact: s-desk@mash-japan.com

Our full contact information is as below:

MASH Corporation

Syougyou Bldg. 7F,5-6-10 Toyosaki, Kita-ku, Osaka

531-0072, Japan

+81-6-6377-7231

s-desk@mash-japan.com

Company Identification number: 9120001036444