Terms of Service

Overview

Welcome to HARUTAKE! "We," "us," and "our" refer to HARUTAKE. HARUTAKE operates this store and website, providing you with a curated shopping experience that includes all related information, content, features, tools, products, and services (the "Service"). HARUTAKE is powered by Shopify and provides this Service to you.

The following terms of service and all policies referenced herein (the "Terms of Service" or "Terms") describe your rights and responsibilities when using the Service.

These Terms of Service contain important information about your legal rights, including disclaimers of warranties and limitations of liability. Please read them carefully.

By browsing or operating our Service, you agree to these Terms of Service and our Privacy Policy. If you do not agree to these Terms of Service or our Privacy Policy, please do not use or access our Service.

Article 1 - Access and Account

By agreeing to these Terms, you represent that you are of legal age in your state or province of residence, and that you have given us your consent to allow any of your minor dependents to use this Service through devices you own, purchase, or manage.

When using our Service (including accessing or browsing the online store or purchasing any products 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 all activities within your account. You may not transfer, sell, assign, or license your account to any other person.

Article 2 - Our Products

We make every effort to accurately represent our products and services in the online store. However, please understand that colors and appearance of products on screen may differ from actual products due to the type of device you use and its settings and configuration.

We do not guarantee that the appearance or quality of any products or services you purchase will meet your expectations or appear exactly as displayed in the online store.

Product descriptions may be changed at any time at our discretion without notice. We reserve the right to discontinue any product at any time and may, at our individual discretion, limit the quantity of products offered to any person, geographic region, or jurisdiction.

Article 3 - Orders

Placing an order constitutes an offer to purchase. HARUTAKE reserves the right to accept or refuse any order at our discretion for any reason. Your order is not confirmed until HARUTAKE confirms acceptance. We must receive and process your payment before accepting your order. Please carefully review your order before confirmation. After your order is accepted, HARUTAKE may not be able to accommodate cancellation requests. If we do not accept, modify, or cancel your order, we will make reasonable efforts to notify you by contacting the email address, billing address, and/or phone number provided at the time of ordering.

Returns or exchanges of your purchases will only be handled in accordance with our Refund Policy.

You represent and warrant that products you purchase are for your personal or household use and not for commercial resale or export purposes.

Article 4 - Pricing and Billing

Prices, discounts, and promotions may change without notice. Product prices or service fees will be those applicable at the time of your order and will be stated in your order confirmation email. Unless specifically noted, displayed prices do not include taxes, shipping fees, handling charges, customs duties, or import fees.

Prices displayed in our online store may differ from those offered in physical stores or third-party operated online stores or other establishments. We may run promotions from time to time related to the Service, and these promotions may affect pricing and be governed by terms separate from these Terms of Service. If there is a conflict between promotional terms and these Terms of Service, the promotional terms will take precedence.

You agree to provide current, complete, and accurate purchase information, payment information, and account information for all purchases at our store. You agree to promptly update your account information and other information, including your email address, credit card number, and expiration date, so that we can complete your transactions and contact you as needed.

You represent and warrant that: (i) the credit card information you provide is true, accurate, and complete; (ii) you have the legal right to use such credit card for your purchase; (iii) your charges will be honored by your credit card company; and (iv) you will pay the charges at the posted prices plus shipping and handling fees and all applicable taxes.

Article 5 - Shipping and Delivery

We are not responsible for shipping and delivery delays. Delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by shipping companies, customs procedures, or circumstances beyond our control. Title and risk of loss transfer to you when products are delivered to the shipping company.

Article 6 - Intellectual Property Rights

Our Service (including but not limited to trademarks, brands, text, displays, images, graphics, product reviews, videos and audio, and their design, selection, and arrangement) belongs to HARUTAKE and its affiliates or licensors and is protected by U.S. and foreign patent, copyright, and other intellectual property rights laws.

These Terms grant you permission to use the Service solely for personal and non-commercial purposes. You may not reproduce, distribute, modify, create derivative works, publicly display, publicly perform, republish, download, store, or transmit any content on the Service without our prior written consent. Except as expressly stated in these Terms, nothing in these Terms shall be construed as granting you any license or other rights under any patents, trademarks, copyrights, or other intellectual property rights of HARUTAKE, 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 to HARUTAKE.

HARUTAKE's name, logo, product and service names, designs, and slogans are trademarks of HARUTAKE or its affiliates or licensors. You may not use these trademarks without HARUTAKE's prior written permission. Shopify's name, logo, product and service names, designs, and slogans are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans on the Service are trademarks of their respective owners.

Article 7 - Optional Tools

We may provide access to third-party customer tools as part of the Service, but we do not monitor, control, or participate in the content of these tools.

You acknowledge and agree that we provide access to such tools "as is" and "as available" without any warranties, representations, conditions, or endorsements of any kind. We shall have no liability whatsoever arising from or relating to your use of any optional third-party tools.

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

We may also offer new features through our Service in the future (including new tools and resources). Such new features shall also be considered part of the Service and subject to these Terms of Service.

Article 8 - Third-Party Links

The Service may contain materials or hyperlinks to third-party websites (including embedded third-party functionality). We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites you may access. When you leave our Service and access these materials or third-party sites, you do so at your own risk.

We assume no liability for any harm or damages related to your access to third-party websites or your purchase or use of any products, services, resources, or content on third-party websites. Please review third-party policies and practices carefully and ensure you understand them before engaging in any transaction. Complaints, claims, concerns, or questions regarding third-party products or services should be directed to the third party.

Article 9 - Relationship with Shopify

HARUTAKE is powered by Shopify and provides this Service to you. However, all sales conducted in our store are made directly with HARUTAKE. By using the Service, you acknowledge and agree that Shopify is not responsible for any aspect of the sale between you and HARUTAKE (including any damages or injuries arising from purchased products or services). You expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with HARUTAKE.

Article 10 - Privacy Policy

All personal information we collect 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 to you. Information you submit to the Service may be shared and transmitted to Shopify and third parties who may be located outside your country of residence and used to provide the Service to you. For more information about how we, Shopify, and partners use your personal information, please see our Privacy Policy (here).

Article 11 - Feedback

When you submit, upload, post, email, or otherwise send ideas, suggestions, feedback, reviews, plans, proposals, or other content (collectively "Feedback"), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute, and display the Feedback for any purpose, including commercial use. For example, we may use rights under this license to operate, provide, evaluate, enhance, improve, and promote the Service and to fulfill our obligations and exercise our rights under these Terms of Service.

You also represent and warrant that: (i) you own or have all necessary rights in the Feedback; (ii) you have disclosed any compensation or incentives received in connection with submitting the Feedback; (iii) the Feedback complies with these Terms of Service. We have no obligation to: (1) maintain your Feedback in confidence; (2) pay compensation for Feedback; (3) respond to Feedback.

We may, but have no obligation to, monitor, edit, or remove Feedback that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or violates any third party's intellectual property or these Terms of Service.

You agree that your Feedback will not violate any right of any third party, including copyright, trademark, privacy, personality, or other personal or proprietary right. You further agree that your Feedback will not contain libelous or otherwise unlawful, abusive, or obscene material, or contain any computer virus or malware that could 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 as to the origin of any Feedback. You are solely responsible for any Feedback you make and their accuracy. We take no responsibility and assume no liability for any Feedback posted by you or any third party.

Article 12 - Errors, Inaccuracies, and Omissions

There may be typographical errors, inaccuracies, or omissions on or in the Service related to product descriptions, pricing, promotions, offers, shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information or cancel orders if any information on the Service or any related website is inaccurate at any time without prior notice (including after you have submitted your order).

Article 13 - Prohibited Uses

You may access and use the Service for lawful purposes only. You may not access or use the Service, directly or indirectly, for: (a) unlawful or malicious purposes; (b) violating international, federal, provincial, state, or local laws or regulations; (c) infringing or violating our or any third party's intellectual property rights; (d) harassing, abusing, insulting, harming, defaming, slandering, disparaging, intimidating, or otherwise causing harm to our employees or other persons; (e) transmitting false or misleading information; (f) transmitting, receiving, uploading, downloading, using, or reusing any material that does not comply with these Terms of Service; (g) transmitting or procuring the sending of any advertising or promotional material ("spam," "chain letters," "spam," or other similar solicitations); (h) impersonating or attempting to impersonate any person or entity; (i) restricting or inhibiting anyone's use or enjoyment of the Service, or any action that, in our judgment, may harm or impose liability on HARUTAKE, Shopify, or Service users.

Additionally, you agree not to: (a) upload or transmit viruses or other malicious code that affects or may affect the functionality or operation of the Service; (b) reproduce, copy, sell, resell, or otherwise exploit any portion of the Service; (c) collect or track the personal information of others; (d) spam, phish, farm, pretext, spider, crawl, or scrape; (e) interfere with or circumvent the security features of the Service or related websites, other websites, or the Internet. If we determine that you have violated any provision of these Terms of Service, we have 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 shall be responsible for all unpaid amounts up to the date of termination.

The following provisions shall survive termination of the agreement: Intellectual Property Rights, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver, Entire Agreement, Assignment, Governing Law, Privacy Policy, and other provisions that by their nature should survive termination.

Article 15 - Disclaimer of Warranties

Information provided on or through this Service is for general informational purposes only. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to this Service, or by anyone who may be informed of any of its contents.

Except where explicitly stated by HARUTAKE, this Service and all products provided through this Service are offered "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. We do not represent or warrant that your use of the Service will be uninterrupted, timely, secure, or error-free. Some jurisdictions do not allow the limitation or exclusion 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 case shall HARUTAKE and our partners, directors, officers, employees, affiliates, agents, contractors, service providers, licensors, and Shopify and its affiliates be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind (including but not limited to lost profits, lost revenue, lost savings, loss of data, replacement costs, or any 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 the Service. This includes any errors or omissions in any content or products, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or products) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility.

Article 17 - Indemnification

You agree to indemnify, defend, and hold harmless HARUTAKE, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from and against all losses, damages, liabilities, or claims, including reasonable attorneys' fees, arising from or related to:

(1) Breach of these Terms of Service or any documents incorporated by reference; (2) Violation of any law or the rights of a third party; (3) Your access to or use of this Service.

We will notify you of any claim subject to indemnification, but failure to provide prompt notice shall not relieve you of your indemnification obligations unless you suffer material prejudice. We may manage the defense and settlement of such claims at your expense, including the selection of counsel, provided that any settlement involving non-monetary obligations shall require your consent (which shall not be unreasonably withheld). You shall cooperate in the defense of indemnified claims, including providing relevant materials.

Article 18 - Severability

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

Article 19 - Waiver and Entire Agreement

Our failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

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

Article 20 - Assignment

You may not assign, delegate, or transfer any assignment of your rights or obligations under this agreement or these Terms of Service without our prior written consent. Any such attempt shall be null and void. We may assign, transfer, or delegate these Terms of Service and our rights and obligations without your consent or notice.

Article 21 - Governing Law

These Terms of Service and any separate agreements whereby we provide services to you shall be governed by and construed in accordance with the laws of the federal and state courts (or territorial courts) having jurisdiction over HARUTAKE's principal place of business. You and HARUTAKE agree to submit to the venue and personal jurisdiction of such courts.

Article 22 - Headings

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

Article 23 - Changes to Terms of Service

You can review the most current version of the 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 to our website. It is your responsibility to check our website periodically for changes. We will notify you of material changes to these Terms of Service in accordance with applicable law, and such changes will be effective from the date specified in the notice. Your continued use of or access to the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

Article 24 - Contact Information

Questions about the Terms of Service should be sent to us at order@harutake.com.

Our contact information is as follows:

OnLab Corporation
order@harutake.com
7-17-11 Yanaka, Taito-ku, Tokyo 110-0001, Japan