Terms of service

 

Overview

KAKIMONO (hereinafter "we," "us," or "our") operates this store and website, including all related information, content, features, tools, products, and order services, in order to provide you, our customer, with a curated shopping experience (hereinafter the "Service"). KAKIMONO is powered by Shopify, which enables us to provide the Service to you.

The following Terms of Service, together with the policies referenced herein (hereinafter the "Terms of Service" or "Terms"), describe your rights and responsibilities when using the Service.

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

By visiting, accessing, or using our Service, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms of Service or the Privacy Policy, please do not use or access our Service.

Access and Account

By agreeing to these Terms of Service, you represent that you are at or above the age of majority in the state or territory in which you reside, and that you consent to allowing any minor dependents in your care to use the Service on a device you own, purchase, or control.

To use the Service, including browsing or accessing our online store or making any purchase through our online store:

You may be asked to provide certain information for products and services we offer, including an email address, billing, payment, and shipping information. You represent and warrant that all information you provide to our store is accurate, current, and complete, and that you hold all rights necessary to provide such information.

You are solely responsible for maintaining the security of your account credentials and for all activity associated with your account. You may not transfer, sell, assign, or license your account to any other person.

Our Products

We make every effort to accurately represent the products and services available in our online store. However, please be aware that the appearance of colors and products on your screen may differ from their actual appearance, depending on the type of device and display settings you use to access the store.

We do not guarantee that the appearance or quality of any products or services you purchase will meet your expectations, or that they will be identical to how they are depicted or presented in our online store.

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, and we may limit the quantity of products we offer to any person, geographic region, or jurisdiction on a case-by-case basis.

Orders

By placing an order, you are making an offer to purchase. KAKIMONO reserves the right to accept or decline your order at its sole discretion, for any reason. Your order is not accepted until KAKIMONO confirms acceptance. We must receive and process payment before an order is accepted. Please review your order carefully before submitting, as KAKIMONO may not be able to accommodate cancellation requests after an order has been accepted. If we choose not to accept, modify, or cancel your order, we will attempt to notify you using the email address, billing address, and/or phone number provided at the time of ordering.

Purchases are eligible for return or exchange only in accordance with our Refund Policy.

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

Pricing and Billing

Prices, discounts, and promotions are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed, and will be stated in your order confirmation email. Unless otherwise stated, listed prices do not include taxes, shipping, handling, duties, or import fees.

Prices listed on our online store may differ from those offered at physical locations, other online stores, or stores operated by third-party services. We may from time to time offer promotions relating to services that are subject to separate terms and conditions from these Terms. In the event of a conflict between the terms of a promotion and these Terms, the terms of the promotion shall prevail.

You agree to provide current, complete, and accurate purchase, payment, and account information for all purchases made through our store. You also agree to promptly update your account information, including your email address, credit card number, and expiration date, as necessary to complete transactions and contact you when required.

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

Shipping and Delivery

We are not responsible for shipping and delivery delays. All delivery timeframes are estimates and are not guaranteed. We are not liable for delays caused by carriers, customs clearance, or events beyond our control. Title and risk of loss pass to you upon our delivery of the products to the carrier.

Intellectual Property

Our Service (including but not limited to all trademarks, branding, text, displays, images, graphics, product reviews, videos, audio, and their design, selection, and arrangement) is owned by KAKIMONO, its affiliates, or its licensors, and is protected by Japanese copyright law, trademark law, and other intellectual property laws.

These Terms permit you to use the Service solely for your own personal, non-commercial purposes. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any material on the Service without our prior written consent. Except as expressly provided in these Terms, nothing in these Terms shall be construed as granting any license or other right under any patent, trademark, copyright, or other intellectual property of KAKIMONO, Shopify, or any third-party service. Unauthorized use of the Service may violate applicable intellectual property laws. All rights not expressly granted herein are reserved by KAKIMONO.

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

Optional Tools

Access to tools provided by third-party services may be made available as part of the Service; however, we do not monitor, control, or provide input into these tools.

You acknowledge and agree that the various tools we provide are offered "as is" and "as available," without any warranty, representation, condition, or endorsement of any kind. Furthermore, we shall not be liable for any liability arising out of or in connection with your use of any third-party service tools.

Your use of any tools made available through this site is entirely at your own risk and discretion. You are responsible for ensuring that you are familiar with and agree to the terms and conditions applicable to the relevant third-party service provider.

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

Links to Third-Party Services

The Service may contain materials and hyperlinks to websites provided or operated by third-party services (including embedded third-party service features). We are not responsible for examining or evaluating the content or accuracy of third-party service materials or websites that you may choose to access. If you leave the Service to access such materials or third-party service sites, you do so at your own risk.

We are not liable for any harm or damages related to your access to third-party service websites, or the purchase or use of any goods, services, resources, or content found on third-party service websites. Please carefully review the policies and practices of any third-party service before engaging in any transaction. Any complaints, claims, concerns, or questions regarding third-party products and services should be directed to the respective third-party service.

Relationship with Shopify

KAKIMONO is powered by Shopify, which enables us to provide the Service to you. However, all sales and purchases made through the store are conducted directly by KAKIMONO. By using the Service, you acknowledge and agree that Shopify is not responsible for any aspect of the sale between you and KAKIMONO, including any injury, damage, or loss arising from purchased products or services. You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising out of or related to your purchases and transactions with KAKIMONO.

Privacy Policy

All personal information we collect through the Service is subject to our Privacy Policy, and certain personal information may also be subject to Shopify's Privacy Policy, which can be viewed here. By using the Service, you acknowledge that you have read our Privacy Policy.

As the Service is hosted by Shopify, Shopify may collect and process personal information relating to your access to and use of the Service for the purpose of providing and improving the Service. Information you submit to the Service may be transmitted to and shared with Shopify and third-party services located in countries other than your country of residence in order to provide you with the Service. For more information on how we, Shopify, and our partners use your personal information, please refer to our Privacy Policy.

Feedback

If you submit, upload, post, email, or otherwise transmit ideas, suggestions, feedback, reviews, proposals, 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 in any medium for any purpose, including commercial use. For example, we may use rights granted under this license to operate, provide, evaluate, enhance, improve, and promote the Service, or to fulfill obligations and exercise rights under these Terms of Service.

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

We may, but are not obligated to, monitor, edit, or remove Feedback that we determine in our sole discretion to be unlawful, offensive, threatening, defamatory, libelous, pornographic, obscene, or otherwise inappropriate, or that violates any party's intellectual property rights or these Terms of Service.

You agree that your Feedback will not infringe upon the rights of any third party, including copyrights, trademarks, privacy, publicity rights, or other intellectual property or proprietary rights. You also agree that your Feedback will not contain defamatory, libelous, or otherwise unlawful, abusive, hateful, or obscene content, or any computer viruses or other malware that could in any way affect the operation of the Service or any related website. 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 any Feedback. You are solely responsible for any Feedback you submit and its accuracy. We take no responsibility and assume no liability for any Feedback posted by you or any third party.

Errors, Inaccuracies, and Omissions

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

Prohibited Uses

You may access and use the Service only for lawful purposes. You may not, directly or indirectly, access or use the Service for the following purposes: (a) for any unlawful or malicious purpose; (b) in violation of any international, federal, local, or state regulations, rules, laws, or local ordinances; (c) to infringe upon our intellectual property rights or the intellectual property rights of others; (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate against our employees or other individuals; (e) to submit false or misleading information; (f) to send, knowingly receive, upload, download, use, or reuse any material that does not comply with these Terms; (g) to transmit or solicit the transmission of advertising or promotional material, including "junk mail," "chain letters," "spam," or any other similar solicitation; (h) to impersonate or attempt to impersonate any person or entity; or (i) to engage in any conduct that restricts or inhibits anyone's use or enjoyment of the Service, or which, as determined by us, may harm KAKIMONO, Shopify, or users of the Service, or expose them to liability.

Furthermore, you agree not to: (a) 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 Service; (b) replicate, duplicate, copy, extract, sell, resell, or exploit any portion of the Service; (c) track the personal information of others; (d) engage in spam, phishing, fraud, or misuse of the Service; (e) use robots, spiders, scrapers, data collection and extraction tools, automated devices or processes, AI tools (such as agentic AI), or any automated or manual means to access the Service; or (f) interfere with, circumvent, or bypass any security or authorization features, robots exclusion headers, or any other measures we employ to restrict access to the Service. We reserve the right to suspend, disable, or terminate your account at any time without notice if we determine that you have violated any part of these Terms.

Agents

1. This section ("Agent Terms") applies if you use, permit, enable, or deploy an agent to access, use, or interact with the Service. "Agent" means software or a service that performs autonomous or semi-autonomous actions on behalf of or at the direction of an individual or entity, and that can operate on behalf of or at the direction of an individual or entity or using an entity's devices without direct supervision.

2. An agent may not access, use, or interact with the Service unless it at all times identifies itself and operates in strict compliance with the requirements set forth in Section 14.4 below. Furthermore, if we require an agent to refrain from accessing, using, or interacting with any part of the Service, the agent may not access, use, or interact with it.

3. We may restrict whether and how agents access, use, and interact with the Service, including through technical means.

4. Agents must: (i) disclose in all HTTP/HTTPS requests that the request is from an agent by identifying the request as coming from an agent and including the agent's name in the user agent string of the request: "Agent/[agent name]"; (ii) not conceal or obscure that access, use, or interaction is from an agent, including by (a) mimicking human behavior or interaction patterns, or (b) completing or circumventing CAPTCHAs or other measures designed to distinguish between human and computer use; (iii) respond honestly to questions or prompts seeking to determine whether an interaction is from a human or a computer; and (iv) not circumvent or bypass measures intended to block, restrict, modify, or control whether and how agents access, use, or interact with the Service.

Termination

We may terminate this agreement or your access to the Service (or any part thereof) at any time without notice, at our sole discretion. In such case, you shall remain liable for all amounts due up to and including the date of termination.

The following sections shall survive 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.

Disclaimer of Warranties

Information provided on or through the Service is provided for general informational purposes only. We do not guarantee the accuracy, completeness, or usefulness of such information. Any reliance you place on such information is at your own risk. We shall not be liable for any loss or damage arising from your reliance on such material, or for the reliance of any other visitor to the Service or any person who may be informed of its contents.

Except as expressly stated by KAKIMONO, the Service and all products provided through the Service are provided to you "as is" and "as available," without any representation, warranty, or condition of any kind, either 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 warrant, represent, or guarantee that your use of the Service will be uninterrupted, timely, secure, or error-free. In some jurisdictions, the disclaimer of implied warranties or other warranties may be restricted or not permitted, so the above disclaimer may not apply to you.

Limitation of Liability

To the maximum extent permitted by law, in no event shall KAKIMONO, our partners, directors, officers, employees, affiliates, agents, contractors, service providers, licensors, or 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 similar damages), whether based on contract, tort (including negligence), strict liability, or otherwise, arising from your use of the Service or any products purchased through the Service, from any errors or omissions in any content, or from 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 through the Service, even if advised of the possibility of such damages. We shall not be liable for any other claims of any kind related in any way to your use of the Service or products.

Indemnification

You agree to indemnify, defend, and hold harmless KAKIMONO, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from and against any 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 Service or any documents incorporated herein by reference; (2) your violation of any law or the rights of any third party; or (3) your access to and use of the Service.

We will notify you of any indemnifiable claim; however, failure to provide prompt notice shall not relieve you of your obligations unless you suffer material prejudice as a result. We may, at your expense, assume control of the defense and settlement of any such claim, including the selection of counsel, but we will not settle any claim requiring non-monetary obligations from you without your consent (not to be unreasonably withheld). You agree to cooperate in the defense of any indemnifiable claim, including by providing relevant documents.

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 severed from these Terms of Service. Such determination shall not affect the validity and enforceability of any other remaining provisions.

Waiver; 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 all policies and operating rules posted by us on this site or with respect to the Service constitute the entire agreement and understanding between you and us and govern your use of the Service. These Terms of Service supersede 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 these Terms of Service).

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

Assignment

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

Governing Law

These Terms of Service are governed by the laws of Japan. These Terms of Service and any separate agreements whereby we provide you with services shall be subject to the exclusive jurisdiction of the Tokyo District Court as the court of first instance, and shall be interpreted accordingly. You and KAKIMONO consent to the venue and personal jurisdiction of such court.

Headings

Headings used in these Terms are for convenience only and shall not limit or otherwise affect these Terms of Service.

Changes to Terms of Service

The most current version of these Terms of Service can be reviewed 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 changes to our website at our sole discretion. It is your responsibility to check our website periodically for changes. We will notify you of any material changes to these Terms in accordance with applicable law, and such changes will take effect on the date specified in the notice. Your continued use of or access to the Service after any changes to these Terms of Service are posted constitutes your acceptance of those changes.

Contact Information

Questions about the Terms of Service should be sent to info@kakimono.co.jp.

Our contact information is listed below:

New Circle Studios LLC
info@kakimono.co.jp
303, Kase Building 130, 37-2 Kanda Higashimatushita-cho, Chiyoda-ku, Tokyo
03-6555-4146 (Please note: we are unable to accept inquiries by phone)