TERMS OF SERVICE
Terms of Service
This website is operated by Kagayaki Jewelry. Throughout the site, the terms “we,” “us,” and “our” refer to Kagayaki Jewelry. Kagayaki Jewelry offers this website, including all information, tools, and services available through it, to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.
By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following Terms of Service (the “Terms”), including any additional terms, conditions, and policies referenced herein. These Terms of Service apply to all users of the site, including browsers, vendors, customers, merchants, and/or content contributors.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms of this agreement, you may not access the website or use any of the Services. Where these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools added to the current store will also be subject to these Terms of Service. You may review the most current version of these 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 and/or changes on this 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 us with the online e-commerce platform that allows us to sell our products and services to you.
Section 1 – Online Store Terms
By agreeing to these Terms of Service, you represent that you have reached the age of majority in the state or jurisdiction in which you reside, or that you have reached the age of majority 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 unauthorized purpose, nor may you, in your use of the Service, violate any laws in your jurisdiction, including but not limited to copyright laws. You must not transmit any worms, viruses, or other code of a destructive nature.
A breach or violation of any of the Terms will result in the immediate termination of your Services.
Section 2 – Contacting the Merchant
Customer support email address: info@kagayaki-jewelry.com
Section 3 – General Conditions
We reserve the right to refuse Service to anyone, for any reason, at any time.
You understand that your content, excluding credit card information, may be transferred unencrypted and may involve: (a) transmissions over various networks; and (b) changes 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, use of the Service, access to the Service, or any contact through the website on 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 4 – Accuracy, Completeness, and Timeliness of Information
We are not responsible if information made available on this site is inaccurate, incomplete, or not 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, complete, or timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information is not necessarily current and is provided for reference only. We reserve the right to modify the contents of this site at any time, but we are under no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
Section 5 – Modifications to the Service and Prices
Prices for our products are subject to change without notice.
We reserve the right at any time, without notice, to modify or discontinue the Service, or any part or content thereof.
We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Service.
Section 6 – Products or Services, If Applicable
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 Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products shown in the store. We cannot guarantee that your computer monitor’s display of any color will be accurate.
We reserve the right, but are not obligated, 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 we offer. All product descriptions and product 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 through this site is void where prohibited by law.
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 7 – 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, per household, or per order. These restrictions may include orders placed through the same customer account, using the same credit card, and/or using the same billing or shipping address. If we change or cancel an order, we may attempt to notify you by contacting the email address and/or billing address or telephone number provided when the order was placed. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to have been placed by resellers, distributors, or wholesalers.
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 expiration dates, so that we can complete your transactions and contact you when necessary.
For more information, please review our Return Policy.
Section 8 – Optional Tools
We may provide you with access to third-party tools that we neither monitor nor control and in which we have no involvement.
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 any endorsement. We will 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 that you are familiar with and approve of the terms under which the tools are provided by the relevant third-party provider.
We may also, in the future, offer new services and/or features through the website, including the release of new tools and resources. Such new features and/or Services will also be subject to these Terms of Service.
Section 9 – Third-Party Services and Content
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 third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the accuracy of their content, and we do not warrant and will have no liability or responsibility for any third-party materials or websites, or for any other products or services provided by third parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions conducted in connection with third-party websites. Please carefully review the third party’s policies and practices and make sure you understand them before engaging in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the relevant third party.
Section 10 – User Comments, Feedback, and Other Submissions
If, at our request, you send certain submissions, such as contest entries, or if, without a request from us, you send us creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by post, or otherwise, collectively referred to as “Feedback,” you agree that we may, at any time and without restriction, edit, copy, publish, distribute, translate, and otherwise use in any medium any Feedback that you submit to us. We are under no obligation to: (1) maintain any Feedback in confidence; (2) pay compensation for any Feedback; or (3) respond to any Feedback.
We may, but have no obligation to, monitor, edit, or remove content that we determine in our sole discretion to be unlawful, harmful, threatening, abusive, defamatory, obscene, or otherwise objectionable, or that violates any party’s intellectual property rights or these Terms of Service.
You agree that your Feedback will not violate any rights of any third party, including copyright, trademark, privacy, publicity, or other personal or proprietary rights. You further agree that your Feedback will not contain defamatory or otherwise unlawful, abusive, or obscene material, or any computer virus or other malicious program that could in any way affect the operation of the Service or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third parties regarding the origin of any Feedback. You are solely responsible for any Feedback you submit and for its accuracy. We accept no responsibility and assume no liability for any Feedback posted by you or any third party.
Section 11
Products are shipped directly from the supplier to the customer. Therefore, all prices displayed on this website exclude consumption taxes and customs duties.
You are responsible for importing the products into the country selected when placing your order and for paying all applicable taxes and customs duties.
Section 12 – Errors, Inaccuracies, and Omissions
Occasionally, information on our site or within the Service may contain typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and 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 any related website is inaccurate, at any time and 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 pricing information, except as required by law. No specified update or refresh date applied within 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 out in these 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 unlawful acts; (c) to violate any local, state, provincial, national, or international regulations, rules, laws, or 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, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, nationality, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other malicious code that may 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 14 – 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 the use of the Service will be accurate or reliable.
You agree that, from time to time, we may suspend the Service for indefinite periods or discontinue the Service at any time without notice to you.
You expressly agree that your use of, or inability to use, the Service is entirely at your own risk. Except where expressly stated otherwise by us, the Service and all products and Services delivered to you through the Service are provided “as is” and “as available,” without any representations, warranties, or conditions of any kind, whether express or implied, including all implied warranties or conditions of merchantability, fitness for a particular purpose, durability, title, and non-infringement.
In no event will Kagayaki Jewelry, 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 similar damages, whether based in contract, tort, including negligence, strict liability, or otherwise, arising from your use of the Service or any products purchased through the Service, or for any other claim related in any way to your use of the Service or any product, even if advised of the possibility of such damages. Because some states or jurisdictions do not permit 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 15 – Indemnification
You agree to indemnify, defend, and hold harmless Kagayaki Jewelry and our parent company, subsidiaries, affiliates, partners, directors, officers, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising from 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
If any provision of these Terms of Service 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 of Service. Such determination will not affect the validity and enforceability of any remaining provisions.
Section 17 – 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 of Service remain effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services or by ceasing to use our site.
If, in our sole judgment, you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we may terminate this agreement at any time without notice, and you will remain liable for all amounts due up to and including the date of termination. We may also deny you access to our Services, or any part thereof.
Section 18 – Entire Agreement
Our failure to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of that right or provision.
These Terms of Service, 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 any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us, including any previous versions of these Terms of Service.
Any ambiguities in the interpretation of these Terms of Service will not be construed against the drafting party.
Section 19 – Governing Law
These Terms of Service and any separate agreements under which we provide you with Services will be governed by and construed in accordance with the laws of “the United Kingdom” and “Hong Kong.”
Section 20 – Changes to the Terms of Service
You may review the most current version of these Terms of Service at any time on this page.
We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates and changes on this 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 any changes to these Terms of Service are posted constitutes acceptance of those changes.