AGB
Overview
Welcome to TSURUMAI HOBBY! Throughout this site, the terms “we,” “us,” and “our” refer to TSURUMAI HOBBY. TSURUMAI HOBBY operates this store and website, including all related information, content, features, tools, products, and services, to provide you with a curated shopping experience (collectively, the “Service”). TSURUMAI HOBBY is powered by Shopify, which enables us to provide the Service to you.
These Terms of Service and any policies referenced herein (collectively, the “Terms” or “Terms of Service”) describe your rights and responsibilities when you use the Service.
These Terms contain important information about your legal rights and include disclaimers of warranties and limitations of liability. Please read them carefully.
By visiting or using our Service, you agree to be bound by these Terms and our Privacy Policy ([LINK]). If you do not agree to these Terms or the Privacy Policy, you must not access or use the Service.
Section 1 – Access and Account
By agreeing to these Terms, you represent that you are at least the age of majority 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 on devices you own, purchase, or manage.
To use our Service (including accessing or browsing the online store or purchasing products or services), you may be required to provide certain information such as your email address, billing information, payment details, and shipping information. You represent and warrant that all information you provide to our store is accurate, current, complete, and that you have all necessary rights 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 display our products and services as accurately as possible. However, we cannot guarantee that your device’s display of any color or product appearance will be accurate, as display settings may vary.
We do not guarantee that the appearance or quality of products or services purchased by you will meet your expectations or will be exactly as displayed on the online store.
Product descriptions may be changed at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time and may limit the quantities of any products we offer to any person, geographic region, or jurisdiction on a case-by-case basis.
Section 3 – Orders
Placing an order constitutes an offer to purchase. TSURUMAI HOBBY reserves the right, at its sole discretion, to accept or reject any order for any reason. An order is not accepted until TSURUMAI HOBBY confirms acceptance.
Before accepting an order, we may need to receive and process your payment. Please review your order carefully before submitting it. After an order is accepted, we may not be able to accommodate cancellation requests.
If we do not accept an order, modify an order, or cancel an order, we will attempt to notify you by contacting the email address, billing address, and/or phone number provided at the time the order was placed.
Returns or exchanges are accepted only in accordance with our Refund Policy ([LINK]).
You represent and warrant that products purchased are for your personal or household use only and are not for resale or export for commercial purposes.
Section 4 – Prices and Billing
Prices, discounts, and promotions may 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 set out in your order confirmation email.
Unless otherwise stated, displayed prices do not include taxes, shipping charges, handling fees, customs duties, or import fees.
Prices displayed in our online store may differ from prices offered in physical stores or on third-party online stores.
We may run promotions from time to time that may affect pricing. Such promotions may be governed by additional terms. If there is a conflict between promotion terms and these Terms, the promotion terms will control.
You agree to provide current, complete, and accurate purchase, payment, and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and payment details, so that we can complete your transactions and contact you as needed.
You represent and warrant that: (i) the payment information you provide is true, correct, and complete; (ii) you are authorized to use the payment method provided; (iii) charges incurred by you will be honored by your payment provider; and (iv) you will pay all charges incurred, including applicable taxes, shipping, and fees.
Section 5 – Shipping and Delivery
We are not responsible for shipping or delivery delays. Delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by carriers, customs processing, or events outside our control.
Title to and risk of loss pass to you upon our delivery of the products to the carrier.
Section 6 – Intellectual Property
The Service, including (without limitation) trademarks, brand names, text, displays, images, graphics, product reviews, video and audio, and the design, selection, and arrangement thereof, is owned by TSURUMAI HOBBY and its affiliates or licensors and is protected by U.S. and international intellectual property laws.
These Terms permit you to use the Service for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the content on the Service without our prior written consent, except as expressly permitted in these Terms.
Nothing in these Terms grants you any license or right under any patent, trademark, copyright, or other intellectual property rights of TSURUMAI HOBBY, Shopify, or any third party, unless expressly stated. Any unauthorized use of the Service may violate applicable intellectual property laws. All rights not expressly granted are reserved by TSURUMAI HOBBY.
“TSURUMAI HOBBY,” our logos, product and service names, designs, and slogans are trademarks of TSURUMAI HOBBY or its affiliates or licensors. You must not use such marks without our prior written permission. “Shopify,” the Shopify logo, and Shopify product and service names are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans on the Service are the trademarks of their respective owners.
Section 7 – Optional Tools
We may provide you with access to third-party tools as part of the Service. We do not monitor, control, or have input into such tools.
You acknowledge and agree that we provide access to such tools “as is” and “as available,” without any warranties, representations, or conditions, and without any endorsement. We shall have no liability arising from or relating to your use of optional third-party tools.
Your use of any optional tools offered through the Service is entirely at your own risk and discretion, and you should ensure that you are familiar with and approve of the terms on which the relevant third-party provider offers such tools.
We may also offer new features through the Service (including new tools and resources). Such new features shall also be considered part of the Service and subject to these Terms.
Section 8 – Third-Party Links
The Service may contain materials from third parties 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. If you 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 purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review third-party policies and practices carefully before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.
Section 9 – Relationship with Shopify
[Merchant Notice: This section accurately describes the relationship between Shopify and your store and must not be deleted or modified.]
TSURUMAI HOBBY is powered by Shopify, which enables us to provide the Service to you. However, any purchase and sale you make on our store is made directly with TSURUMAI HOBBY.
By using the Service, you acknowledge and agree that Shopify is not responsible for any aspect of any purchase and sale between you and TSURUMAI HOBBY (including any injury or damages arising from products or services purchased). You expressly release Shopify and its affiliates from any claims, damages, and liabilities arising from or relating to your purchase or transactions with TSURUMAI HOBBY.
Section 10 – Privacy Policy
All personal information we collect through the Service is subject to our Privacy Policy ([LINK]). Some personal information may also be subject to Shopify’s privacy policy.
Because the Service is hosted by Shopify, Shopify collects and processes personal information related to your access to and use of the Service and uses that information to provide and improve the Service. Information you submit through the Service may be shared with and transmitted to Shopify and third parties located outside your country of residence in order to provide the Service to you.
For more information about how we, Shopify, and our partners use your personal information, please see our Privacy Policy (https://tsurumai-hobby.com/policies/privacy-policy).
Section 11 – Feedback
If you submit, upload, post, email, or otherwise send any 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 purposes. For example, we may use Feedback to operate, provide, evaluate, enhance, improve, and promote the Service and to perform our obligations and exercise our rights under these Terms.
You represent and warrant that: (i) you own or otherwise control all rights to the Feedback you submit; (ii) you disclose any compensation or incentives received in connection with your Feedback; and (iii) your Feedback complies with these Terms.
We are under no obligation (1) to maintain your Feedback in confidence, (2) to pay compensation for Feedback, or (3) to 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 that violates any party’s intellectual property rights or these Terms.
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 contain defamatory 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 else, 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 assume no liability for any Feedback posted by you or any third party.
Section 12 – Errors, Inaccuracies, and Omissions
Occasionally there may be information on the Service that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, shipping charges, transit times, availability, or other matters. 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).
Section 13 – Prohibited Uses
You may use the Service only for lawful purposes. You must not access or use the Service, directly or indirectly, for: (a) any unlawful or malicious purpose; (b) violating any international, federal, provincial, state, or local laws or regulations; (c) infringing or violating our intellectual property rights or the intellectual property rights of others; (d) harassing, abusing, insulting, harming, defaming, slandering, disparaging, intimidating, or discriminating against any person; (e) submitting false or misleading information; (f) transmitting materials that do not comply with these Terms; (g) sending or facilitating the sending of advertising or promotional materials, including “junk mail,” “chain letters,” “spam,” or similar solicitations; (h) impersonating or attempting to impersonate any person or entity; or (i) interfering with or circumventing the security features of the Service or any related website.
You also agree not to: (a) upload or transmit viruses or any other malicious code; (b) reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service; (c) collect or track the personal information of others; (d) spam, phish, pharm, pretext, spider, crawl, or scrape; or (e) interfere with the security features of the Service, related websites, other websites, or the Internet.
If we determine that you have violated any provision of these Terms, we may suspend, disable, or terminate your access to the Service without notice.
Section 14 – Termination
We may terminate this agreement or your access to the Service (or any part thereof) at any time, without notice, in our sole discretion. You remain responsible for all amounts due up to and including the date of termination.
The following sections survive termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver and Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions that by their nature should survive.
Section 15 – Disclaimer of Warranties
Information provided on or through the Service is for general informational purposes only. We make no representations or warranties regarding the accuracy, completeness, or usefulness of such information. Any reliance you place on such information is strictly at your own risk.
Except as expressly stated by TSURUMAI HOBBY, the Service and all products provided through the Service are provided “as is” and “as available” without any representations, warranties, or conditions of any kind, either express or implied, including implied warranties of merchantability, fitness for a particular purpose, durability, title, and non-infringement.
We do not warrant that your use of the Service will be uninterrupted, timely, secure, or error-free. Some jurisdictions do not allow limitations on implied 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 TSURUMAI HOBBY, 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, lost profits, lost revenue, lost 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 Service or any products obtained through the Service, even if advised of the possibility of such damages.
We are not liable for any errors or omissions in any content (or product) posted, transmitted, or otherwise made available through the Service, or for any loss or damage incurred as a result of the use of any such content (or product).
Section 17 – Indemnification
You agree to indemnify, defend, and hold harmless TSURUMAI HOBBY, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, 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 incorporated documents; (2) your violation of any law or the rights of a third party; or (3) your access to or use of the Service.
We will notify you of any claim subject to indemnification; however, failure to provide prompt notice does not relieve you of your obligations unless you are materially prejudiced. We may manage the defense and settlement of such a claim at your expense, including selecting counsel. We will not settle any claim that imposes non-monetary obligations on you without your consent (which shall not be unreasonably withheld). You agree to cooperate in the defense of such claims, including by providing relevant materials.
Section 18 – Severability
If any provision of these Terms is determined to be unlawful, void, or unenforceable, such provision shall nevertheless 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 and enforceability of any other 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 and any policies or operating rules posted by us on 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 (including any prior versions of the Terms).
Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.
Section 20 – Assignment
You may not assign, transfer, or delegate any of your rights or obligations under these Terms without our prior written consent. Any attempted assignment is void. We may assign, transfer, or delegate our rights and obligations under these Terms without your consent or notice.
Section 21 – Governing Law
These Terms and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the courts located in the jurisdiction of TSURUMAI HOBBY’s principal place of business, and you and TSURUMAI HOBBY consent to venue and personal jurisdiction in such courts.
Section 22 – Headings
Headings used in these Terms are included for convenience only and do not limit or otherwise affect these Terms.
Section 23 – Changes to Terms of Service
You can review the most current version of the Terms at any time on this page.
We reserve the right, in our sole discretion, to update, change, or replace any part of these Terms 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 as required by applicable law. Changes take effect as of the date stated in the notice. By continuing to access or use the Service after any changes are posted, you accept those changes.
Section 24 – Contact Information
Questions about the Terms of Service should be sent to: support@tsurumai-hobby.com
TSURUMAI HOBBY
Email: support@tsurumai-hobby.com
Address: 3-23-20, Tsurumai, Showa-ku, Nagoya-shi, Aichi, 466-0064, Japan
Phone: +81-52-744-0978