Terms of service

OTEMBA Store - Terms of Service

Overview

Welcome to OTEMBA Store. References to “we,” “us,” or “our” refer to OTEMBA Store. OTEMBA Store operates this store and website, providing you with a curated shopping experience (“Services”) that includes all related information, content, features, tools, products, and services. OTEMBA Store is operated by Shopify.

The following Terms of Service and all policies referenced herein (collectively, “Terms of Service” or “Terms”) govern your rights and obligations when using our Services.

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

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

Section 1 - Access and Accounts

By agreeing to these Terms, you represent that you have reached the age of majority in the state or province in which you reside, and that you have consented to permitting any minor dependents in your care to use the Services through devices you own, purchase, or control.

In order to use our Services (including accessing or browsing our online store or purchasing products or services), 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 rights necessary to provide such information.

You are solely responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You may not transfer, sell, assign, or license your account to any other person.

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 appearance and colors of products as displayed on your screen may vary depending on the type and settings of your device.
We do not guarantee that the quality or appearance of any product or service you purchase will meet your expectations or match what is displayed in our online store.
Product descriptions are subject to change at any time at our sole discretion without notice. We reserve the right to discontinue any product at any time and may, at our discretion, limit the quantities of products offered to specific individuals, regions, or jurisdictions.

Section 3 - Orders

Placing an order constitutes an offer to purchase. OTEMBA Store reserves the right, at its sole discretion, to accept or refuse any order for any reason. An order is not confirmed until OTEMBA Store acknowledges its acceptance. Your payment must be received and processed before an order is confirmed. Please review your order carefully before completing your purchase. Once an order has been accepted, OTEMBA Store may not be able to accommodate cancellation requests.
If we decline to accept, modify, or cancel an order, we will endeavor to notify you using the email address, billing address, and/or phone number provided at the time of ordering.
Returns or exchanges of your purchases will be handled solely in accordance with our Refund Policy.
You represent and warrant that the products you purchase are intended for your own personal or household use, and are not intended for commercial resale or export.

Section 4 - Pricing and Billing

Prices, discounts, and promotions are subject to change without notice. The price applicable to a product or service will be the price in effect at the time of your order, as stated in your order confirmation. Unless otherwise noted, displayed prices do not include taxes, shipping fees, handling charges, customs duties, or import charges.
Prices displayed in our online store may differ from those offered in physical stores or through third-party retailers. We may offer promotions from time to time that affect pricing; such promotions will be governed by separate terms. In the event of a conflict between promotional terms and these Terms, the promotional terms shall prevail.
You agree to provide current, complete, and accurate purchase and payment information for all transactions made through our store. You agree to promptly update your account information, including your email address, credit card number, and expiration date, as necessary to complete transactions and facilitate communications.
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 all charges incurred, including the listed price, shipping fees, handling charges, and all applicable taxes.

Section 5 - Shipping and Delivery

We are not liable for delays in shipping or delivery. Estimated delivery times are provided for reference only and are not guaranteed. We are not responsible for delays caused by carriers, customs clearance, or other circumstances beyond our control. Title to and risk of loss of products passes to you upon delivery to the carrier.

Section 6 - Intellectual Property Rights

Our Services (including but not limited to trademarks, brand elements, text, displays, images, graphics, product reviews, video and audio content, and their design, selection, and arrangement) are owned by OTEMBA Store and its affiliates or licensors, and are protected by U.S. and foreign patent, copyright, and other intellectual property laws.
These Terms grant you a limited license to use the Services for personal, non-commercial purposes only. Without our prior written consent, you may not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store, or transmit any content from our Services. Nothing in these Terms shall be construed as granting any license or other rights to any patents, trademarks, copyrights, or other intellectual property of OTEMBA Store, Shopify, or any third party, except as expressly stated herein. Unauthorized use of the Services may violate applicable federal and state intellectual property laws. All rights not expressly granted are reserved by OTEMBA Store.
The OTEMBA Store name, logo, product and service names, designs, and slogans are trademarks of OTEMBA Store or its affiliates or licensors. You may not use these marks without the prior written permission of OTEMBA Store. 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 Services are the trademarks of their respective owners.

Section 7 - Optional Third-Party Tools

We may provide you with access to third-party tools through the Services, which we neither monitor nor control.
You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations, or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the Services is entirely at your own risk and discretion, and you should ensure that you are familiar with and approve of the terms under which tools are provided by the relevant third parties. We may also offer new features through our Services in the future, including new tools and resources. Such new features shall also be subject to these Terms of Service.

Section 8 - Third-Party Links

Our Services may include materials and hyperlinks to third-party websites or content operated by third parties (including embedded third-party features). We are not responsible for examining or evaluating the content or accuracy of third-party materials or websites. If you choose to leave our Services to access third-party materials or websites, you do so at your own risk.
We are not liable for any harm or damages related to your access of third-party websites or your purchase or use of goods, services, resources, or content from such websites. Please review the policies and terms of third parties carefully before engaging in any transaction. Any complaints, claims, concerns, or questions regarding third-party products or services should be directed to the relevant third party.

Section 9 - Relationship with Shopify

OTEMBA Store is powered by Shopify. However, all purchases and sales conducted through our store are directly between you and OTEMBA Store. By using our Services, you acknowledge and agree that Shopify bears no responsibility for any aspect of transactions between you and OTEMBA Store (including any harm or injury arising from purchased products or services). You expressly release Shopify and its affiliates from all claims, damages, and liabilities arising out of or related to your purchases and transactions with OTEMBA Store.

Section 10 - Privacy Policy

All personal information collected through our Services is subject to our Privacy Policy (available here). Certain personal information may also be subject to Shopify’s Privacy Policy (available here). By using our Services, you acknowledge that you have read these privacy policies. Because our Services are hosted by Shopify, Shopify collects and processes personal information related to your use of the Services in order to provide and improve them. Information you submit through the Services may be shared with and transferred to Shopify and third parties, which may be located in countries other than your own, for the purpose of providing you with the Services. Please refer to our Privacy Policy for more details on how we, Shopify, and our partners use your personal information.

Section 11 - 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 for any purpose, including commercial use. For example, we may use this license to operate, provide, evaluate, enhance, improve, and promote our Services, and to fulfill our obligations under these Terms.
You also represent and warrant that: (i) you own or have all necessary rights to the Feedback; (ii) you have disclosed any compensation or incentives received in connection with submitting the Feedback; and (iii) the Feedback complies with these Terms. We are under no obligation to: (1) maintain any Feedback in confidence; (2) pay compensation for any Feedback; or (3) respond to any Feedback.
You agree that your Feedback will not violate any rights of any third party, including copyright, trademark, privacy, publicity, or other personal or proprietary rights. You further agree that your Feedback will not be defamatory, unlawful, abusive, obscene, hateful, racially or ethnically offensive, or otherwise objectionable, and will not contain any computer viruses or malware that could affect the operation of our Services or related websites. You may not use a false email address, impersonate any person or entity, or mislead us or any third party 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.

Section 12 - Errors, Inaccuracies, and Omissions

Our Services may occasionally contain typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, offers, shipping charges, delivery times, or availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information, or to cancel orders where information is inaccurate, at any time without prior notice (including after an order has been submitted).

Section 13 - Prohibited Uses

You may access and use our Services only for lawful purposes. You may not, directly or indirectly, access or use the Services for: (a) any unlawful or malicious purpose; (b) any violation of international, federal, provincial, state, or local law or regulation; (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 directed at our employees or others; (e) submitting false or misleading information; (f) uploading, downloading, using, or reusing material that does not comply with these Terms; (g) transmitting or arranging for the transmission of advertising or promotional material, including “junk mail,” “chain letters,” “spam,” or similar solicitations; (h) impersonating or attempting to impersonate any person or organization; or (i) engaging in any conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or that, in our judgment, may harm OTEMBA Store, Shopify, or users of the Services, or expose any of them to liability.
You further agree not to: (a) upload or transmit viruses or other malicious code that may affect the functionality or operation of the Services; (b) reproduce, copy, sell, resell, or exploit any portion of the Services without authorization; (c) collect or track the personal information of others; (d) engage in spamming, phishing, pharming, pretexting, spidering, crawling, or scraping; or (e) interfere with or circumvent the security features of the Services, any related websites, or the Internet. If we determine that you have violated any provision of these Terms, we reserve the right to suspend, disable, or terminate your account without notice.

Section 14 - Termination

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

Section 15 - Disclaimer of Warranties

Information provided on or through our Services is for general informational purposes only. We make no representations as to the accuracy, completeness, or usefulness of such information. Any reliance you place on such information is entirely at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such information by you or any other visitor to the Services, or by anyone who may be informed of any of its contents.
Except as expressly stated by OTEMBA Store, our Services and all products provided through them are offered “as is” and “as available,” without any representation, warranty, or condition of any kind, whether express or implied, including warranties of merchantability, fitness for a particular purpose, durability, title, and non-infringement. We do not warrant that your use of the Services will be uninterrupted, timely, secure, or error-free. Some jurisdictions do not permit the exclusion of implied or other warranties, so the above disclaimer may not apply to you.

Section 16 - Limitation of Liability

To the fullest extent permitted by law, in no event shall OTEMBA Store, 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 without limitation loss of profits, loss of revenue, loss of savings, loss of data, replacement costs, or similar damages, whether based in contract, tort (including negligence), strict liability, or otherwise, arising from your use of the Services or any products obtained through the Services. We are also not liable for any errors or omissions in content posted, transmitted, or otherwise made available through the Services, or for any loss or damage resulting therefrom, even if advised of the possibility of such damages.

Section 17 - Indemnification

You agree to indemnify, defend, and hold harmless OTEMBA Store, Shopify, and our respective affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from and against any losses, damages, liabilities, or claims (including reasonable attorneys’ fees) arising out of or related to: (1) your breach of these Terms or any document incorporated by reference herein; (2) your violation of any law or the rights of any third party; or (3) your access to or use of the Services. We will notify you of any indemnifiable claim, provided that failure to provide timely notice will not relieve you of your indemnification obligations unless you are materially prejudiced thereby. We reserve the right to assume exclusive control of the defense and settlement of any such claim at your expense, including the selection of counsel, except that we will not settle any claim imposing obligations on you other than the payment of money without your consent (which consent shall not be unreasonably withheld). You agree to cooperate in the defense of any indemnifiable claim.

Section 18 - Severability

If any provision of these Terms is found 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. Such determination shall not affect the validity or enforceability of any remaining provisions.

Section 19 - Waiver and Entire Agreement

Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. These Terms, together with all policies and operating rules posted by us on or in connection with the Services, constitute the entire agreement and understanding between you and us with respect to your use of the Services, and supersede all prior and contemporaneous agreements, communications, and proposals between us, whether oral or written. Any ambiguity in the interpretation of these Terms shall not be construed against the drafting party.

Section 20 - Assignment

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

Section 21 - Governing Law

These Terms shall be governed by and construed in accordance with the laws of Japan. Any disputes arising under these Terms shall be subject to the exclusive jurisdiction of the courts of Japan. Notwithstanding the foregoing, if you are a consumer residing in the European Union, you retain the benefit of any mandatory provisions of the consumer protection laws of your country of residence that cannot be excluded by contract.

Section 22 - Headings

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

Section 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 by posting updates and changes to our website. You are responsible for checking our website periodically for changes. We will notify you of 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 our Services following the posting of any changes to these Terms constitutes acceptance of those changes.

Section 24 - Contact Information

Questions about the Terms of Service should be sent to us at info@otemba-studio.com. Our contact information is as follows:

OTEMBA Store
4170-14 KOJIRO YANAISHI YAMAGUCHI JAPAN
+81-90-7717-6943