Terms of service
Overview
Welcome to kawa-kawa. kawa-kawa (“we,” “us,” or “our”) operates this store and website, including all related information, content, features, tools, products, and services, to provide you with a curated shopping experience (the “Services”). The Services are powered by Shopify.
These Terms of Service (the “Terms of Service” or “Terms”) explain your rights and responsibilities when using the Services. Please read them carefully, as they contain important information about your legal rights, including disclaimers of warranties and limitations of liability.
By visiting, accessing, or using the Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree, please do not use or access the Services.
Section 1: Access and Accounts
By agreeing to these Terms of Service, you represent that:
- You are at least the age of majority in the state or region where you reside.
- You consent to allowing your minor dependents to use the Services on devices you own, purchase, or manage.
To use the Services, you may be required to provide certain information, including your email address and billing, payment, and shipping information. You represent and warrant that all information you provide is accurate, current, and complete.
You are solely responsible for maintaining the security of your account credentials. You may not transfer, sell, assign, or license your account to another person.
Section 2: Our Products
We make every effort to accurately represent the products and services offered in our online store. However, colors and product appearance may differ from what is displayed on your screen depending on your device and settings.
We do not guarantee that the appearance or quality of any product will meet your expectations or be identical to how it is depicted in the online store.
All product descriptions are subject to change without notice at our sole discretion. We reserve the right to discontinue any product at any time and may limit the quantities of products offered by region or jurisdiction.
Section 3: Orders
By placing an order, you are making an offer to purchase. kawa-kawa reserves the right to accept or reject any order for any reason at its sole discretion. Your order is accepted when we confirm acceptance and have received and processed your payment.
Please review your order carefully before submitting it, as we may be unable to accommodate cancellation requests after an order has been accepted. If we decline, modify, or cancel your order, we will contact you using the email address, billing address, or phone number you provided.
Purchases are eligible for returns or exchanges only in accordance with our Refund Policy.
You represent and warrant that the products you purchase are for your own personal or household use and are not intended for commercial resale or export.
Section 4: Pricing and Billing
Prices, discounts, and promotions are subject to change without notice. The price charged will be the price in effect when you place your order and will be stated in your order confirmation email. Customs duties and import taxes are included at checkout (DDP).
Prices in our online store may differ from those offered in physical stores or other stores. If the terms of a promotion conflict with these Terms, the promotion’s terms will take precedence.
You represent and warrant that:
- The credit card information you provide is true, accurate, and complete.
- You are authorized to use the credit card.
- The charges will be authorized by your credit card company.
- You will pay all charges, including shipping costs, fees, and taxes.
Section 5: Shipping and Delivery
All delivery times are estimates and are not guaranteed. We are not responsible for delays caused by shipping carriers, customs clearance, or events beyond our control. Ownership and risk of loss pass to you when we hand the products over to the shipping carrier.
Section 6: Intellectual Property
The Services, including trademarks, branding, text, images, graphics, product reviews, videos, audio, and their design, selection, and arrangement, are owned by kawa-kawa, its affiliates, or its licensors and are protected by patent, copyright, and other intellectual property laws.
These Terms permit you to use the Services solely for personal, non-commercial purposes. Without our prior written consent, you may not reproduce, distribute, modify, create derivative works from, publicly display, republish, download, or transmit any materials available through the Services.
The kawa-kawa name, logos, product names, service names, designs, and slogans are trademarks of kawa-kawa or its affiliates. You may not use them without our prior written permission.
Section 7: Optional Tools
We may provide access to tools supplied by third-party services that we do not monitor or control. These tools are provided “as is” and “as available,” without any warranties. Your use of these tools is at your own risk.
We may offer new features or tools in the future. These new features will also be considered part of the Services and will be subject to these Terms of Service.
Section 8: Third-Party Links
The Services may contain links to websites provided or operated by third parties. We are not responsible for their content or accuracy. Access to third-party websites is at your own risk. Please direct any complaints or questions about third-party products or services to the relevant third party.
Section 9: Relationship with Shopify
kawa-kawa is powered by Shopify, which enables us to provide the Services to you. However, sales and purchases in our store are conducted directly with kawa-kawa.
By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of sales between kawa-kawa and you. You expressly release Shopify and its affiliates from all claims, damages, and liabilities arising out of or relating to your purchases and transactions with kawa-kawa.
Section 10: Privacy Policy
All personal information we receive through the Services is subject to our Privacy Policy. Certain personal information may also be subject to Shopify’s Privacy Policy.
The Services are hosted by Shopify, which collects and processes your personal information to provide and improve the Services. Information you submit may be shared with Shopify and third parties located in countries other than your country of residence.
Section 11: Feedback
If you submit ideas, suggestions, reviews, or other content (“Feedback”), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, and distribute that Feedback for any purpose, including commercial purposes.
You represent and warrant that:
- You own or hold all necessary rights to all Feedback.
- You have disclosed any compensation or incentives received in connection with submitting Feedback.
- Your Feedback complies with these Terms of Service.
We are under no obligation to keep Feedback confidential, pay compensation, or respond to it. We may monitor, edit, or remove Feedback that we determine to be unlawful, offensive, or inappropriate.
Section 12: Errors, Inaccuracies, and Omissions
Information available through the Services, including product descriptions, prices, promotions, shipping charges, transit times, and product availability, may contain typographical errors, inaccuracies, or omissions. We reserve the right to correct, change, or update information and to cancel orders at any time without prior notice.
Section 13: Prohibited Uses
You may use the Services only for lawful purposes. The following uses are prohibited:
- Using the Services for unlawful or malicious purposes.
- Violating international, federal, local, or state regulations, laws, or ordinances.
- Infringing our intellectual property rights or those of others.
- Harassing, abusing, threatening, or defaming employees or other individuals.
- Submitting false or misleading information.
- Sending spam, chain letters, or other unsolicited messages.
- Impersonating another individual or organization.
- Restricting or interfering with the use or enjoyment of the Services.
The following activities are also prohibited:
- Uploading or transmitting viruses or other malicious code.
- Reproducing, copying, extracting, selling, or reselling any part of the Services.
- Tracking other people’s personal information.
- Engaging in spam, phishing, or fraudulent activities.
- Accessing the Services automatically through robots, spiders, scraping tools, AI agents, or similar tools.
- Interfering with or circumventing security features or access restrictions.
If we determine that you have violated these Terms, we reserve the right to suspend, disable, or terminate your account without notice.
Section 14: Agents
If you use, authorize, or deploy an agent, meaning autonomous or semi-autonomous software or services, to access, use, or interact with the Services, the following requirements apply:
- The agent must identify itself at all times.
- The user-agent string of every HTTP/HTTPS request must include “Agent/[Agent Name]”.
- The agent must not imitate human behavior or bypass CAPTCHAs.
- The agent must respond truthfully to questions intended to determine whether it is a human or a computer.
- The agent must not circumvent access restrictions.
We may restrict agents’ access to the Services, including through technical measures.
Section 15: Termination
We may terminate this agreement or your access to the Services at any time, without notice, at our sole discretion. The following sections will continue to apply after termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver, Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions that by their nature should survive termination.
Section 16: Disclaimer of Warranties
The Services and all products provided through the Services are supplied “as is” and “as available,” without warranties, representations, or conditions of any kind, whether express or implied. We do not guarantee that your use of the Services will be uninterrupted, timely, secure, or error-free.
Some jurisdictions restrict or do not permit disclaimers of implied warranties, so the above disclaimer may not apply to you.
Section 17: Limitation of Liability
To the fullest extent permitted by law, kawa-kawa, our partners, directors, officers, employees, affiliates, agents, contractors, service providers, and licensors, and Shopify and its affiliates will not be liable for any damages, including:
- Lost profits, lost revenue, lost savings, loss of data, or replacement costs.
- Direct, indirect, incidental, punitive, special, or consequential damages arising from the use of the Services or products.
- Losses arising from errors or omissions in content.
Section 18: Indemnification
You agree to indemnify, defend, and hold harmless kawa-kawa, Shopify, and our affiliates, partners, officers, employees, and agents from losses, damages, liabilities, and claims, including reasonable attorneys’ fees, arising out of or relating to:
- Your breach of these Terms of Service.
- Your violation of any law or the rights of a third party.
- Your access to and use of the Services.
Section 19: Severability
If any provision of these Terms of Service is determined to be unlawful, invalid, or unenforceable, that provision will nevertheless be enforceable to the fullest extent permitted by applicable law, and the validity and enforceability of the remaining provisions will not be affected.
Section 20: Waiver and 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 and all policies and operating rules we publish constitute the entire agreement between you and us and supersede any prior or contemporaneous oral or written agreements.
Section 21: Assignment
You may not assign or transfer your rights or obligations under this agreement without our prior written consent. We may transfer or assign these Terms and our rights and obligations without your consent or notice to you.
Section 22: Governing Law
These Terms of Service will be governed by and interpreted in accordance with the laws of the jurisdiction in which kawa-kawa is headquartered. You and kawa-kawa agree to the venue and personal jurisdiction of the courts in that jurisdiction.
Section 23: Headings
The headings used in these Terms are for convenience only and do not limit or otherwise affect the scope of these Terms of Service.
Section 24: Changes to the Terms of Service
We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms of Service. Changes take effect upon being posted on the website. We will notify you of material changes in accordance with applicable law. Your continued use of the Services after any changes constitutes your acceptance of those changes.
Section 25: Contact Information
Nakahashi Co., Ltd. kawa-kawa
5-17-15 Yuzato, Higashisumiyoshi-ku, Osaka-shi, Osaka 546-0013, Japan
Phone: 06-6703-3965
Email: info@kawa-kawa.com