Terms of service

These Terms of Service (hereinafter referred to as these "Terms") set forth the conditions regarding the use of the online store "TEKOTE" (hereinafter referred to as the "Service") operated by TEKOTE Inc. (hereinafter referred to as the "Company"). All customers who use the Service (hereinafter referred to as "Customers") shall use the Service upon agreeing to these Terms and the Privacy Policy separately established by the Company.

By using the Service or purchasing products through the Service, you are deemed to have agreed to these Terms and the Privacy Policy.

Article 1. About the Service

  1. The Service is an online store for skincare and hair care products provided by the Company (hereinafter referred to as the "Products"), providing Customers with product browsing, purchasing, and related information.

  2. The Service is hosted by Shopify Inc., and the Service is provided to Customers through Shopify.

  3. In these Terms, the "Company" refers to TEKOTE Inc.

Article 2. Customer Access and Account

  1. By agreeing to these Terms, you represent and warrant that you are at least the age of majority in your state or prefecture of residence, or that if you are a minor, you have given us your consent to allow any of your minor dependents to use this Service on a device you own, purchase, or control.

  2. You agree to provide accurate and complete information, such as your email address, billing information, payment information, and shipping information, when using the Service or purchasing the Products.

  3. You are solely responsible for maintaining the security of your account credentials and for all activities that occur under your account. You may not transfer, sell, lend, or license your account to any third party.

Article 3. About the Products

  1. Please note in advance that the color and appearance of the Products may differ from the display on the online store depending on the Customer's viewing environment (type of device used, settings, etc.).

  2. We do not warrant that the quality of any Products, services, information, or other material purchased or obtained by you will meet your expectations, or that they will be identical to those depicted or represented in the online store.

  3. Descriptions of Products are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue the sale of any Product at any time and to limit the quantities of any products or services that we offer to any person, geographic region, or jurisdiction based on our individual judgment.

  4. You represent and warrant that your purchase of the Products is for personal or household use only and not for commercial resale or export.

Article 4. Orders

  1. By placing an order, you are deemed to have made an offer to purchase. We reserve the right to accept or refuse your order for any reason at our sole discretion.

  2. An order is established when we send a notification of acceptance. Acceptance of an order requires that your payment has been completed and processed by us.

  3. Please check the details of your order carefully before placing it, as we may not be able to accept cancellations after an order has been confirmed due to our processing procedures.

  4. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.

  5. Returns or exchanges after purchase shall be subject to the provisions of our separate Refund Policy.

Article 5. Pricing and Payment

  1. Prices, discounts, and promotions for Products are subject to change without notice. The price charged for a Product will be the price in effect at the time the order is placed and will be set out in your order confirmation email.

  2. Unless otherwise stated, displayed prices do not include consumption tax, shipping charges, handling fees, customs duties, or import fees.

  3. You agree to provide current, complete, and accurate purchase, payment, and account information for all purchases made on the Service. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

  4. You represent and warrant that: (i) the credit card information you supply is true, correct, 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 charges incurred by you at the posted prices, including shipping and handling charges and applicable taxes.

Article 6. Shipping

  1. We are not responsible for shipping delays. All shipping times are estimates only and are not guaranteed.

  2. We are not responsible for delays caused by carriers, customs clearance, or events beyond our control.

  3. Title and risk of loss or damage to the Products pass to you upon our delivery of the Products to the carrier.

Article 7. Intellectual Property

  1. The Service and all trademarks, brands, text, displays, images, graphics, product reviews, video, audio, and the design, selection, and arrangement thereof contained therein are owned by the Company, its affiliates, or licensors and are protected by Japanese copyright, trademark, and other intellectual property laws.

  2. You may use the Service only for your personal, non-commercial use. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Service without our prior written consent.

  3. Except as expressly provided in these Terms, 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 the Company, Shopify, or any third party.

  4. Our name, logo, product names, service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company.

Article 8. Third-Party Tools and Links

  1. The Service may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that your use of third-party tools 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 provider(s).

  2. The Service may include hyperlinks to websites provided or operated by third parties. We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites you choose to access.

  3. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites.

Article 9. Relationship with Shopify

  1. TEKOTE is hosted by Shopify, and Shopify enables us to provide the Service to you.

  2. However, any sales or purchases you make on the Service are made directly with TEKOTE.

  3. You acknowledge and agree that by using the Service, Shopify shall not be liable for any aspect of the transaction between you and TEKOTE (including injury, damage, or loss resulting from products or services purchased).

Article 10. Privacy Policy

  1. All personal information we collect through the Service is subject to our Privacy Policy ([Link to Privacy Policy]).

  2. Because the Service is hosted by Shopify, certain personal information regarding your access and use may be subject to Shopify's Privacy Policy (Link to Shopify's Privacy Policy).

  3. By using the Service, you confirm that you have read these Privacy Policies.

Article 11. Feedback

  1. If you send, upload, post, email, or otherwise transmit ideas, suggestions, feedback, reviews, 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 purposes.

  2. You warrant that your Feedback will not violate any right of any third party, including copyright, trademark, privacy, personality, or other personal or proprietary right, and will not contain libelous or otherwise unlawful, abusive, or obscene material.

Article 12. Errors, Inaccuracies, and Omissions

  1. Occasionally there may be information on the Service that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability.

  2. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information is inaccurate at any time without prior notice (including after you have submitted your order).

Article 13. Prohibited Uses

In addition to other prohibitions as set forth in these Terms, you are prohibited from using the Service:

  1. For any unlawful or malicious purpose;

  2. To infringe upon or violate our intellectual property rights or the intellectual property rights of others;

  3. To harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate;

  4. To submit false or misleading information;

  5. To upload or transmit viruses, malicious code, or any other type of code that will or may be used in any way that will affect the functionality or operation of the Service;

  6. To reproduce, duplicate, copy, sell, resell or exploit any portion of the Service;

  7. To collect or track the personal information of others;

  8. To interfere with or circumvent the security features of 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.

Article 14. Term and Termination

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

  2. Article 7 (Intellectual Property), Article 11 (Feedback), Article 14 (Term and Termination), Article 15 (Disclaimer of Warranties), Article 16 (Limitation of Liability), Article 17 (Indemnification), Article 18 (Severability), Article 19 (Waiver; Entire Agreement), Article 20 (Assignment), Article 21 (Governing Law), and any other provisions which by their nature should survive termination shall survive the termination of this agreement.

Article 15. Disclaimer of Warranties

  1. The information presented through the Service is provided for general information purposes only and we do not warrant its accuracy, completeness, or usefulness. Any reliance you place on such information is strictly at your own risk.

  2. EXCEPT AS EXPRESSLY STATED BY US, 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 OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT.

  3. We do not guarantee, represent, or warrant that your use of our Service will be uninterrupted, timely, secure, or error-free.

Article 16. Limitation of Liability

  1. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO CASE SHALL THE COMPANY, OUR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, INTERNS, SUPPLIERS, SERVICE PROVIDERS, OR LICENSORS, AS WELL AS 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, WITHOUT LIMITATION, LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES), ARISING FROM YOUR USE OF ANY OF THE SERVICE OR ANY PRODUCTS PROCURED USING THE SERVICE.

  2. Our liability arising from the use of the Service or the Products shall not exceed the amount paid by you for the Product giving rise to such claim.

Article 17. Indemnification

You agree to indemnify, defend, and hold harmless the Company, Shopify, and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of (1) your breach of these Terms, (2) your violation of any law or the rights of a third party, or (3) your access to and use of the Service.

Article 18. Severability

In the event that any provision of these Terms 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, and such determination shall not affect the validity and enforceability of any other remaining provisions.

Article 19. Waiver; Entire Agreement

The failure of us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. These Terms 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).

Article 20. Assignment

You may not delegate, transfer, or assign this agreement or your rights or obligations hereunder without our prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without your consent or notice.

Article 21. Governing Law and Jurisdiction

These Terms and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Japan. Any dispute arising out of or in connection with the Service or these Terms shall be subject to the exclusive agreed jurisdiction of the court having jurisdiction over the location of our head office.

Article 22. Headings

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

Article 23. Changes to Terms

We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms by posting updates and changes to our website at any time. It is your responsibility to check our website periodically for changes. We will provide notice of material changes to these Terms in accordance with applicable law, and such changes will be effective as of the date specified in the notice. Your continued use of or access to the Service following the posting of any changes to these Terms constitutes acceptance of those changes.

Article 24. Contact Information

Questions about the Terms of Service should be sent to us at the following contact information.

  • [Business Name]: TEKOTE Inc.
  • Representative: Tetsuya Yamagata
  • Contact: support@tekote.com
  • Business Address: 1F, 4-20-6 Sendagaya, Shibuya-ku, Tokyo 151-0051, Japan
  • Phone Number: +81-3-6804-1137
  • Business Hours: Weekdays 10:00 - 17:00 (excluding weekends, national holidays, and New Year holidays)