Terms of service

Overview
Welcome to Kyoto's Whetstone Shop! “We,” “us,” and ‘our’ refer to Kyoto's Whetstone Shop. Kyoto's Whetstone Shop operates this store and website, providing customers with a curated shopping experience (hereinafter referred to as the “Service”), including all related information, content, features, tools, goods, and services. Kyoto's Whetstone Shop is powered by Shopify and provides the Services to you.

The following Terms of Use and all policies referenced herein (collectively, the “Terms of Use” or “Terms”) describe your rights and responsibilities when using the Services.

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

By browsing or interacting with 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 use or access 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 minors under your care using the Service through devices you own, purchase, or manage.
When using our Services (including accessing or browsing our online store, or purchasing goods or services we offer), you may be required to provide certain information, such as your email address, billing information, payment information, 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 for all activities that occur under your account. You may not transfer, sell, assign, or license your account to another person.

Article 2 - Our Products
We make every effort to accurately represent our products and services in our online store. However, please understand that the colors and appearance of products on your screen may differ from the actual items due to the type, settings, and configuration of your device.
We do not guarantee that the appearance or quality of any product or service you purchase will meet your expectations or be exactly as depicted on the online store.
Product descriptions are subject to change at any time at our discretion without notice. We reserve the right to discontinue the sale of any product at any time and may, at our sole discretion, limit the quantity of products offered to any individual, region, or jurisdiction.

Article 3 - Orders
Placing an order constitutes an offer to purchase. Kyoto Toishiya reserves the right to accept or refuse any order at its discretion, for any reason. Your order is not finalized until Kyoto Toishiya confirms acceptance. Payment must be received and processed before we can accept your order. Please review your order carefully before finalizing it. Once an order is accepted, Kyoto Toishiya may not be able to accommodate cancellation requests. If we do not accept an order, modify its contents, or cancel it, we will endeavor to notify you by contacting the email address, billing address, and/or phone number provided at the time of order.
Returns or exchanges of your purchased items will only be processed in accordance with our Refund Policy [LINK].
You represent and warrant that the purchased items are for your personal use or that of your household, and not for commercial resale or export.

Article 4 - Pricing and Billing
Prices, discounts, and promotions are subject to change without notice. The price of a product or service will be the price in effect at the time of your order and will be stated in your order confirmation email. Unless otherwise stated, displayed prices do not include taxes, shipping, fees, duties, or import charges.
Prices displayed on our online store may differ from those offered in physical stores, third-party operated online stores, or other outlets. We may run promotions from time to time regarding our services; these promotions may affect pricing and are governed by separate terms and conditions. In the event of any conflict between the terms of a promotion and these Terms of Use, the terms of the promotion shall prevail.
You agree to provide current, complete, and accurate purchase information, payment information, and account information for all purchases made in our store. You agree to promptly update your account information and other details, including your email address, credit card number, and expiration date, to complete transactions and enable us to contact you as necessary.
You represent and warrant that: (i) the credit card information you provide is true, accurate, and complete; (ii) you have the authority to use the credit card for the purchase; (iii) charges made by you will be authorized by your credit card company; and (iv) you will pay the listed price and all fees, including shipping, handling, and all applicable taxes.

Article 5 - Shipping and Delivery
We shall not be liable for any delays in shipping or delivery. Delivery times are estimates only and are not guaranteed. We shall not be liable for delays caused by carriers, customs clearance procedures, or any other circumstances beyond our control. Title and risk of loss shall pass to you upon our delivery of the goods to the carrier.

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) belong to Kyoto Toishiya and its affiliates or licensors and are protected by U.S. and foreign patent, copyright, and other intellectual property laws.
These Terms of Use permit you to use the Services solely for personal and non-commercial purposes. You may not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store, or transmit any content on the Services without our prior written consent. Except as expressly stated herein, nothing in these Terms shall be construed as granting you any license or other rights under any patent, trademark, copyright, or other intellectual property rights of Kyoto Toishiya, Shopify, or any third party. Unauthorized use of the Service may violate federal and state intellectual property laws. All rights not expressly granted in these Terms are reserved by Kyoto Toshikiya.
The names, logos, product and service names, designs, and slogans of Kyoto Toshikiya are trademarks of Kyoto Toshikiya, its affiliates, or its licensors. You may not use these trademarks without Kyoto Toshikiya's prior written permission. The names, logos, 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.

Section 7 - Third-Party Tools
Access to certain third-party customer tools may be provided as part of the Service, but we neither monitor nor control these tools nor endorse or accept any responsibility for their content or operation.
You acknowledge and agree that we provide access to these tools “as is” and “as available,” without any warranties, representations, or conditions of any kind, and we do not endorse or recommend them. We shall not be liable for any damages arising from or related to your use of any third-party tools.
Your use of any tools offered through our site is entirely at your own discretion and responsibility. You must ensure you fully understand and agree to the terms of use established by the relevant third party.
We may introduce new features (including new tools or resources) through our services in the future. These new features shall be considered part of the service and are subject to these Terms of Use.

Article 8 - Third-Party Links
The Service may contain materials or hyperlinks to websites provided or operated by third parties (including cases where third-party features are embedded). We are not responsible for verifying or evaluating the content or accuracy of any third-party materials or websites you access. If you leave the Service to access these materials or third-party sites, you do so at your own risk.
We are not liable for any damages arising from your access to third-party websites or the purchase or use of any goods, services, resources, or content on third-party websites. Please carefully review and understand the third party's policies and practices before engaging in any transactions. Direct any complaints, claims, concerns, or questions regarding third-party goods or services to the third party directly.

Section 9 - Relationship with Shopify
[Merchant Notice: This section accurately describes the relationship between Shopify and your store and must not be altered or removed.]
Kyoto Toshiyaya is powered by Shopify and provides services to you. However, all purchases made in our store are made directly with Kyoto Toshiyaya. By using the Service, you acknowledge and agree that Shopify is not responsible for any aspect of the transactions between you and Kyoto Toishiya (including any damages or injuries arising from purchased goods or services). You expressly release Shopify and its affiliates from any and all claims, damages, and liabilities arising out of or related to your purchases and dealings with Kyoto Toishiya.

Article 10 - Privacy Policy
All personal information collected by us through the Service is subject to our Privacy Policy (available here). Some personal information may also be subject to Shopify's Privacy Policy (available here). By using the Service, you acknowledge that you have read these Privacy Policies.
Because the Service is hosted by Shopify, Shopify collects and processes personal information about your access to and use of the Service to provide and improve the Service for you. Information you submit to the Service may be shared with and transmitted to Shopify and third parties, which may be located outside your country of residence, and used to provide the Service to you. For details on how we, Shopify, and our partners use your personal information, please see the Privacy Policy.

Article 11 - Feedback
If you submit, upload, post, email, or otherwise transmit any ideas, suggestions, feedback, reviews, concepts, plans, or other content (collectively, “Feedback”), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute, and display such Feedback for any purpose, including commercial use. For example, we may use the rights granted under this license to operate, provide, evaluate, enhance, improve, and promote the Service, and to perform 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, (ii) you have disclosed any compensation or incentives received in connection with submitting the Feedback, and (iii) the Feedback complies with these Terms of Use. We have no obligation to: (1) to keep your Feedback confidential, (2) to pay you for your Feedback, or (3) to respond to your Feedback.
We may, but are not obligated to, monitor, edit, or remove Feedback that we deem, in our sole discretion, to be illegal, offensive, threatening, defamatory, libelous, pornographic, obscene, or otherwise inappropriate, or Feedback that violates any third party's intellectual property rights or these Terms of Use.
You agree that your feedback does not infringe any third-party rights, including copyrights, trademarks, privacy rights, publicity rights, or other personal or proprietary rights. You further agree that your feedback is not defamatory, illegal, abusive, or obscene, and does not contain computer viruses or malware that could impact the operation of the Service or related websites. You may not use a false email address, impersonate any person or entity, or otherwise mislead us or third parties as to the origin of your feedback. You are solely responsible for the feedback you provide and its accuracy. We assume no responsibility and shall not be liable for any feedback posted by you or any third party.

Article 12 - Errors, Inaccurate Information, and Omissions
The Service may contain typographical errors, inaccurate information, or omissions regarding product descriptions, prices, promotions, offers, shipping costs, delivery times, or inventory status. We reserve the right to correct any errors, inaccuracies, or omissions, to change or update information, or to cancel orders (even after an order has been placed) without prior notice if any information is found to be inaccurate.

 Article 13 - Prohibited Activities
You may only access and use the Service for lawful purposes. You may not access or use the Service, directly or indirectly, for the following purposes: (a) Illegal or malicious purposes, (b) Violation of international law, federal law, provincial law, state law, or local ordinances, (c) Infringement or violation of our or any third party's intellectual property rights, (d) Harassment, abuse, insult, defamation, slander, libel, intimidation, or other harm toward our employees or any other person, (e) to transmit false or misleading information, (f) to transmit, receive, upload, download, use, or reuse any material not in compliance with these Terms of Use, (g) to transmit or arrange for the transmission of advertising or promotional materials (including “junk mail,” “chain mail,” “spam,” or similar solicitations), (h) Impersonating or attempting to impersonate another person or entity,
(i) Restricting or interfering with the use or enjoyment of the Service, or any action we determine may harm or subject Kyoto Toishiya, Shopify, or Service users to liability. (a) Uploading or transmitting viruses or other malicious code that affects or may affect the functionality or operation of the Service, (b) Reproducing, copying, selling, reselling, or otherwise exploiting any part of the Service; (c) Collecting or tracking another person's personal information; (d) Sending spam, phishing, pharming, using fraudulent pretexts, or engaging in 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 to suspend, disable, or terminate your account without prior notice.

Article 14 - Termination
We may terminate this Agreement or your access to the Service (or any part thereof) at any time, at our sole discretion, without notice, and you will remain liable for all outstanding amounts due up to the termination date.
The following provisions shall survive termination: Intellectual Property Rights, 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.

Article 15 - Disclaimer of Warranties
The information provided on or through this Service is intended solely for general informational purposes. We make no warranties regarding the accuracy, completeness, or usefulness of this information. Should you rely on such information, you assume all risks and responsibility. We disclaim all liability and obligations arising from any reliance on these materials by you, other users of this Service, or any third party who becomes aware of the Service's content.
Except as expressly stated by Kyoto's Toshigoya, the Service and all products provided through the Service are provided “as is” and “as available,” without any representations, warranties, or conditions of any kind, whether express or implied, including but not limited to merchantability, fitness for a particular purpose, durability, title, or non-infringement. We do not guarantee, represent, or warrant that your use of the Service will be uninterrupted, timely, secure, or error-free. Some jurisdictions do not allow the exclusion or limitation of implied warranties or other warranties, so the above disclaimers may not apply to you.

Article 16 - Limitation of Liability
To the maximum extent permitted by law, in no event shall Kyoto Toshigoya, our partners, directors, officers, employees, affiliates, agents, contractors, service providers, licensors, and Shopify and its affiliates be liable for any injury, loss, claim, whether based in contract, tort (including negligence), strict liability, or any other legal theory. Furthermore, we shall not be liable for any loss or damage arising from or in connection with any errors or omissions in the content (or products) posted, transmitted, or otherwise made available through the use of the Service or via the Service, even if we have been advised of the possibility thereof.

Article 17 - Indemnification Obligation
You agree to indemnify, defend, and hold harmless Kyoto's Whetstone Shop, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from and against any and all losses, damages, liabilities, or claims (including reasonable attorneys' fees) paid to third parties arising out of or related to:
(1) Your breach of these Terms of Use or any documents incorporated herein;
(2) Your violation of any law or third-party rights;
(3) Your access to or use of the Service.
We will notify you of any claim subject to indemnification. However, failure to provide prompt notice shall not relieve you of your indemnification obligation unless such failure causes you significant disadvantage. We may manage the defense and settlement of such claims at your expense, including selection of counsel. However, we will not settle any claim involving non-monetary obligations without your consent (provided such consent shall not be unreasonably withheld). You shall cooperate in the defense of any claim subject to indemnification, including providing relevant materials.

Article 18 - Severability
If any provision of these Terms of Use is found to be illegal, invalid, or unenforceable, such provision shall remain in effect to the maximum extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms of Use. Such determination shall not affect the validity and enforceability of the remaining provisions.

Article 19 - Waiver and Entire Agreement
The failure of the Company to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision.
These Terms of Use, along with any policies or operating rules posted by us on the Site or in connection with the Services, constitute the entire agreement and understanding between you and us regarding the use of the Services and supersede all prior or contemporaneous agreements, communications, and proposals between you and us with respect to such use (whether oral or written, including, but not limited to, prior versions of the Terms of Use).
Any ambiguity in the interpretation of these Terms of Use shall not be construed against the drafter.

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

Article 21 - Governing Law
These Terms of Use and any separate agreements regarding the services we provide shall be governed by and construed in accordance with the laws of the federal and state courts (or territorial courts) within the jurisdiction of Kyoto Toshikiya's head office location. You and Kyoto Toshikiya consent to the venue and personal jurisdiction of such courts.

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

Article 23 - Changes to Terms of Use
You can always find the most current Terms of Use on this page.
We reserve the right, in our sole discretion, to update, modify, or replace any part of these Terms of Use by posting updates and changes to our website. You are responsible for periodically checking our website to review any changes. We will notify you of material changes to these Terms of Use in accordance with applicable law. Such changes will be effective as of the date specified in the notice. Your continued use or access to the Service after any changes are posted will constitute your acceptance of those changes.

Article 24 - Contact Information
Questions regarding these Terms of Use should be directed to kyoto.whetstone.shop@gmail.com
Our contact information is as follows:

Store Name: Kyoto Whetstone Shop
Email: kyoto.whetstone.shop@gmail.com
Address: 7-4 201 Kudune, Mozumecho, Mukō-shi, Kyoto 617-0001, Japan
Phone: +81-80-3640-5762
Invoice Number: T9810220772575