Terms of service

Overview

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

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

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

By browsing and interacting with our Services, you agree to these Terms of Use and our Privacy Policy. If you do not agree to these Terms of Use or our Privacy Policy, please do not use or access our Services.

 

SECTION 1 - ACCESS AND ACCOUNT

By agreeing to these Terms of Use, you represent that you are the age of majority in your state or province of residence and that you have given us your consent to allow your minor dependent(s) to use the Services through devices owned, purchased, or controlled by you.
When using our Services (including accessing or browsing our online store or purchasing products or services offered by us), 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 maintaining your account credentials and for all activity under your account. You may not transfer, sell, assign, or license your account to anyone else.

 

SECTION 2 - OUR PRODUCTS

We make every effort to accurately represent our products and services in our online store. However, please be aware that the colors and appearance of our products on your screen may differ from the actual product due to the type of device you are using 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 be exactly as displayed in our online store.
Product descriptions may change at any time, without notice, at our discretion. We reserve the right to discontinue sales of any product at any time and may, at our discretion, limit the quantities of any product we offer to any person, region, or jurisdiction.

 

SECTION 3 - ORDERS

By placing an order, you are making an offer to purchase. Kigiku reserves the right, at its discretion, to accept or decline your order for any reason. Your order is not completed until Kigiku confirms your acceptance. Your payment must be received and processed before we can accept your order. Please review your order carefully before placing it. Once your order has been accepted, Kigiku may not be able to accommodate your cancellation request. If we do not accept, change, or cancel your order, we will attempt to notify you by contacting the email address, billing address, and/or phone number you provided when placing your order.
Your purchases may be returned or exchanged only in accordance with our Refund Policy.
You represent and warrant that the products you purchase are for your own personal use or for your household use, and are not intended for commercial resale or export.

 

SECTION 4 - PRICES AND BILLING

Prices, discounts, and promotions are subject to change without notice. The price of a product or service will be the price applicable at the time of your order and will be set forth in your order confirmation email. Unless otherwise stated, displayed prices do not include taxes, shipping, handling fees, customs duties, or import fees.
Prices displayed on our online store may differ from the prices offered in our physical stores, third-party online stores, or other stores. We may run promotions on the Services from time to time. These promotions may affect pricing and are governed by separate terms and conditions. If there is a conflict between the terms of a promotion and these Terms and Conditions, the terms of the promotion will control.
You agree to provide current, complete, and accurate purchase, payment, and account information for all purchases made on our store. You agree to promptly update your account and other information, including your email address and 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 legal authority to use the credit card to make the purchase, (iii) your credit card company is authorized to charge you, and (iv) you will pay the listed price and all charges, including shipping, handling, and applicable taxes.

 

SECTION 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 carrier delays, customs clearance, or other causes beyond our control. Title and risk of loss pass to you upon delivery of the products to the carrier.

 

SECTION 6 - INTELLECTUAL PROPERTY RIGHTS

Our Services (including, but not limited to, trademarks, brands, text, displays, images, graphics, product reviews, video, and audio, and the design, selection, and arrangement thereof) are the property of Kigiku 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 your personal, non-commercial use. You may not copy, distribute, modify, create derivative works from, publicly display, publicly perform, repost, 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 right under any patent, trademark, copyright, or other intellectual property right of Kigiku, Shopify, or any third party. Unauthorized use of the Services may violate federal and state intellectual property laws. All rights not expressly granted in these Terms are reserved by Kigiku.
Kigiku's names, logos, product and service names, designs, and slogans are trademarks of Kigiku or its affiliates or licensors. You may not use these trademarks without Kigiku's prior written permission. Shopify's names, logos, product and service names, designs, and slogans are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans on the Services are trademarks of their respective owners.

 

SECTION 7 - OPTIONAL TOOLS

As part of the Services, we may provide you with access to customer tools provided by third parties, which we do not monitor and have no control over, nor are we responsible for the content of.
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 without any endorsement or recommendation. We shall have no liability whatsoever arising from or in any way related to your use of optional third-party tools.
Your use of optional tools made available through our site is entirely at your own risk and discretion and you should ensure you are familiar with and agree to be bound by, the applicable third-party terms of use.
We may, in the future, offer new features through our Services (including the provision of new tools and resources). These new features shall also be considered part of the Services and shall be subject to these Terms of Use.

 

SECTION 8 - THIRD-PARTY LINKS

The Service may contain materials and hyperlinks (including embedded third-party features) to websites provided or operated by third parties. We are not responsible for examining or evaluating the content or accuracy of third-party materials or websites you access. If you leave the Service and access such materials or third-party sites, you do so at your own risk.
We are not liable for any damages incurred in connection with 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 transaction. If you have any complaints, claims, concerns, or questions regarding third-party products or services, please contact the third party directly.

 

SECTION 9 - RELATIONSHIP WITH SHOPIFY

[Note to Merchants: This section accurately describes the relationship between Shopify and your store and should not be deleted or modified.]
Kigiku is operated by Shopify and provides services to customers. However, all purchases and sales you make on our store are made directly with Kigiku. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of your purchases with Kigiku, including any damages or injuries resulting from any goods or services purchased. You expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with Kigiku.

 

SECTION 10 - PRIVACY POLICY

All personal information we collect through the Services is subject to our Privacy Policy. Some personal information may also be subject to Shopify's Privacy Policy. By using the Services, you acknowledge that you have read these Privacy Policies.
The Services are hosted by Shopify, which collects and processes personal information about your access to and use of the Services to provide and improve the Services to you. Information you submit to the Services will be shared and transmitted with Shopify and third parties, who may be located outside your country of residence, and used to provide the Services to you. For more information about how we, Shopify, and our partners use your personal information, please see our Privacy Policy.

 

SECTION 11 - FEEDBACK

If you submit, upload, post, email, or otherwise transmit any ideas, suggestions, feedback, reviews, plans, programs, 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 purposes. For example, we may use the rights under this license to operate, provide, evaluate, enhance, improve, and promote the Services and to fulfill our obligations and exercise our rights under these Terms of Use.
You also represent and warrant that: (i) you own or have all necessary rights in and to the Feedback; (ii) you have disclosed any compensation or incentives you received in connection with submitting the Feedback; and (iii) your Feedback complies with these Terms of Use. We are under no obligation: (1) to maintain the confidentiality of your Feedback; (2) to pay compensation for Feedback; or (3) to respond to Feedback.

We may, but have no obligation to, monitor, edit, or remove any Feedback that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise inappropriate, or violates any third party's intellectual property or these Terms of Use.
You agree that your Feedback will not violate any third-party right, including copyright, trademark, privacy or publicity right, or any other personal or proprietary right. You further agree that your Feedback will not contain libelous or otherwise unlawful, abusive, or obscene material, or any computer virus or other malware that could affect the operation of the Service or any related website. You may not use a false e-mail address, impersonate someone else, or otherwise mislead us or third-parties as to the origin of any Feedback. You are solely responsible for any Feedback you make and its accuracy. We take no responsibility and assume no liability for any Feedback posted by you or any third-party.

 

SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS

There may be information on or in the Service that contains typographical errors, inaccuracies, or omissions that may relate 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 (even after you have submitted your order) without prior notice if any information is inaccurate.

 

SECTION 13 - PROHIBITED USE

You shall access and use the Services only for lawful purposes. You shall not access or use the Services, directly or indirectly, for the following purposes: (a) for any illegal or malicious purpose; (b) in violation of any international, federal, provincial, state, or local law; (c) infringing or violating our intellectual property rights or the intellectual property rights of any third party; (d) harassing, abusing, insulting, defamatory, libelous, slanderous, intimidating, or otherwise harming our employees or any other person; (e) transmitting false or misleading information; (f) sending, receiving, uploading, downloading, using, or reusing any material that does not comply with these Terms of Use; (g) transmitting or soliciting advertising or promotional materials (including "junk mail," "chain letters," "spam," or any other similar solicitation); (h) impersonating or attempting to impersonate any person or entity; (i) taking any action that, in our opinion, restricts or inhibits anyone from using or enjoying the Services, or which may harm Kigiku, Shopify, or users of the Services or expose them to liability.

You further agree not to: (a) upload or transmit viruses or any other malicious code that will or may affect the functionality or operation of the Service; (b) reproduce, copy, sell, resell, or exploit any part of the Service; (c) collect or track personal information of others; (d) engage in spamming, phishing, pharming, false pretenses, web crawling, or scraping; or (e) interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to suspend, disable, or terminate your account without prior notice if we determine that you have violated any provision of these Terms of Use.

 

SECTION 14 - TERMINATION

We may terminate this Agreement or your access to the Services (or any part thereof) at any time in our sole discretion without notice, and you will remain liable for all amounts due up to the date of termination.
The following provisions will continue to apply even after termination: Intellectual Property Rights, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnity, Severability, Waiver, Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions which by their nature should survive termination.

 

SECTION 15 - DISCLAIMER OF WARRANTIES

The information provided on or through the Service is for general information purposes only. We do not guarantee the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is at your own risk. We disclaim all responsibility and liability arising from any reliance placed on these materials by you, any other user of the Service, or any third party informed of the contents of the Service.

Except as expressly stated by Kigiku, the service and all products delivered to you through the service are provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties of merchantability, suitability, fitness for a particular purpose, durability, title, or non-infringement. We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. Some jurisdictions limit or do not allow the disclaimer of implied warranties or other warranties, so the above disclaimer may not apply to you.

 

SECTION 16 - LIMITATION OF LIABILITY

To the maximum extent permitted by law, in no event shall Kigiku, our partners, directors, officers, employees, affiliates, agents, contractors, service providers, or licensors, or Shopify or its affiliates, be liable for any injury, loss, claim, or direct, indirect, incidental, punitive, special, or consequential damages (including, but not limited to, lost profits, lost revenue, lost savings, loss of data, costs of replacement, or similar damages) arising out of or relating to your use of the Service or any products obtained through the Service, whether based on contract, tort (including negligence), strict liability, or other legal theory. Furthermore, we will not be liable for any errors or omissions in any content (or products) posted, transmitted, or otherwise made available via the Service, or for any loss or damage of any kind incurred in connection with the use of the Service or any content or product posted, transmitted, or otherwise made available via the Service, even if advised of the possibility of such damages.

 

SECTION 17 - INDEMNIFICATION OBLIGATIONS

You agree to indemnify, defend, and hold harmless Kigiku, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from and against any loss, damage, liability, or claim (including reasonable attorneys' fees) made against any third party arising out of or relating to:
(1) your breach of these Terms of Service or the documents they incorporate,
(2) your violation of law or the rights of a third party, or
(3) your access to or use of the Services.
We will notify you of any claim subject to indemnification; provided, however, that failure to provide prompt notice will not relieve you of your indemnification obligations unless it results in material prejudice. We may control the defense and settlement of such claim, including the selection of counsel, at your expense, except that we will not enter into any settlement involving a non-monetary obligation by you without your consent, which will not be unreasonably withheld. You will cooperate with the defense of any indemnified claim, including by providing relevant materials.

 

SECTION 18 - SEVERABILITY

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

 

SECTION 19 - WAIVER AND ENTIRE AGREEMENT

The failure of us 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 and any policies or operating rules posted by us on this site or in respect to The Service constitutes 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 regarding use of the Service, including, but not limited to, any prior versions of the Terms of Use.
Any ambiguities in the interpretation of these Terms of Use shall not be construed against the drafting party.

 

SECTION 20 - ASSIGNMENT

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

 

SECTION 21 - GOVERNING LAW

These Terms of Use and any separate agreements whereby we provide Services shall be governed by and construed in accordance with the laws of the federal and state (or territorial) courts located in the jurisdiction where Kigiku's headquarters are located. You and Kigiku consent to venue and personal jurisdiction in such courts.

 

SECTION 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.

 

SECTION 23 - CHANGES TO THE TERMS OF USE

You can review the most current version of the Terms of Use at any time at this page.
We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms of Use by posting such updates and changes on our website. You are responsible for periodically checking our website for changes. In accordance with applicable law, we will notify you of material changes to these Terms of Use, which will be effective on the date indicated in the notice. Your continued use of or access to the Service following the posting of changes to these Terms of Use constitutes your acceptance of those changes.

 

SECTION 24 - CONTACT INFORMATION

If you have any questions about the Terms of Use, please contact us at hello@ouchicompany.net.
Our contact information is as follows:

Kigiku
Email address: hello@ouchicompany.net
Address: 9F Kinki Toyama Kaikan Building, 1-9-5 Utsubohonmachi, Nishi-ku, Osaka City, Osaka Prefecture, 550-0004
Telephone number: 0664-67-8202