Terms of service
OVERVIEW
This website is operated by Kawaii Sweet. Throughout the site, the terms “we”, “us” and “our” refer to Kawaii Sweet. Kawaii Sweet offers this website, including all information, tools and Services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here. By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any Services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service. Any new features or tools which are added to the current store shall also be subject to the 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 to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes. Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and Services to you.
SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site. You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse Service to anyone for any reason at any time. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the Service is provided, without express written permission by us. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk. This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 5 - PRODUCTS OR SERVICES
We strive to ensure that the information on our site is complete and reliable. Certain information may contain pricing errors, typographical errors, and other errors or inaccuracies, which we may correct without liability. We also reserve the right to limit the quantities you purchase and revise, suspend, or terminate any event or promotion at any time without notice (including after an order has been submitted and/or approved). We do not guarantee the availability of all products described on our site.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. 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. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. You agree to provide current, complete and accurate purchase 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 credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
SECTION 7 - OPTIONAL TOOLS
We 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 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 the optional tools offered through the site 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). We may also, in the future, offer new Services and/or features through the website (including the release of new tools and resources). Such new features and/or Services shall also be subject to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
Certain content, products and Services available via our Service may include materials from third-parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or Services of third-parties. 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. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us, you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service. You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 10 - PERSONAL INFORMATION
When you submit personal information through the Store, our Privacy Policy applies.
SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in 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. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 12 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to 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 or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable. You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you. You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and Services delivered to you through the Service are (except as expressly stated by us) 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. In no case shall Kawaii Sweet, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, Service providers or licensors 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, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Service or any products procured using the Service, or for any other claim related in any way to your use of the Service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Kawaii Sweet 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 your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 15 - SEVERABILITY
In the event that 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 to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 16 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 17 - ENTIRE AGREEMENT
The failure of us 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 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 governs 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 of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 18 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Japan.
SECTION 19 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service 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 Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 20 - ALLERGEN INFORMATION
Kawaii Sweet provides allergen information on common allergens in the booklet enclosed in the box. However, while we do our best to provide accurate general allergens, this list is not comprehensive and Kawaii Sweet cannot guarantee that every item in every subscription box is allergen-free.
SECTION 21- BILLING AND PAYMENT
As a member, you agree to the following benefits and terms You must provide accurate contact and payment information, including name, shipping address, and credit or debit card number. Keep this information up to date. Store payment information to facilitate future shipments and billing. All such personal information is subject to our Privacy Policy Kawaii Sweet may add additional charges to your subscription in the event of global shipping disruptions (e.g., global pandemics, natural disasters) when normal shipping methods are not possible. In such cases, Kawaii Sweet may need to upgrade your shipping method to a higher class. You are responsible for any fees or charges that your issuing bank or credit card provider may charge you. If a payment to us is refunded for any reason, we may charge your account again directly and require payment by another method, including mailing you a statement. Account changes made after the last day of each month will not be reflected in your subscription until the next shipping period. In order to get boxes to subscribers as quickly as possible, we begin processing shipments before the sign-up deadline. Therefore, all address renewals must be made at least 48 hours prior to the subscription renewal date (see "Subscription Agreement" below for renewal dates). Our delivery service does not include forwarding of mail to your renewed address. Forwarding charges incurred will not be reimbursed or credited to your subscription. Amounts paid for boxes and services are final and non-refundable.
SECTION 22 YOUR SUBSCRIPTION AND AGREEMENT
By purchasing a subscription, you acknowledge that your subscription has an initial and recurring payment feature and that you are responsible for all recurring charges prior to cancellation. Your subscription will automatically be extended for successive periods at the then-current subscription rate. To cancel your subscription at any time, you must contact Support at least 48 hours prior to your next scheduled renewal date using the form on this website or cancel your subscription online through the Customer Portal so that you will not be charged. All subscriptions are renewed on the same date as the date you signed up. Any changes to subscriptions will take effect on the next renewal date. If you cancel, you will have access to your subscription until the end of the then current subscription period. Kawaii Sweet may bill you on a recurring basis (e.g., monthly) without further authorization from you until you give Kawaii Sweet 48 hours advance notice of your desire to cancel this authorization or change your payment method. In the event of cancellation of a subscription, you shall not be entitled to a pro-rated refund of any portion of the subscription fee paid for the then current subscription period. Resumption of subscription will automatically generate an invoice for a new order under the current plan for the current order period.Kawaii Sweet reserves the right to change the plans and prices of the service with or without prior notice to subscribers. We also reserve the right to cancel your subscription at any time. Membership is void where prohibited by law.
SECTION 23 SHIPPING
In the case of a stolen box, the box can be replaced with a stolen box if the carrier provides evidence that the box was lost or stolen.Please note that boxes that are not received due to an error in the delivery address or intentional refusal to receive by the subscriber are not eligible for resending.Delivery issues resulting from the absence of the recipient at the time of delivery to the address specified by the customer or the recipient will also not be accepted.All orders are processed by a third party. You understand that any possible delivery date we may provide is only a non-binding estimate and that Kawaii Sweet cannot accept any correspondence for late or early delivery.
·Missing or damaged merchandise
Missing Item - refers to a case where the box arrived safely and physically intact, but one or more of the items listed in the accompanying booklet are missing.
Damaged Item - refers to a case where all items listed in the booklet are included and the box arrives physically intact and safe, but one or more items are damaged or, in the case of perishable items, have expired expiration dates.
To be eligible for reshipment, all missing or damaged items must be reported within 7 days of receipt of the box, depending on product availability. No refunds or exchanges will be issued.
In order for our support team to quickly resolve the issue, please include the evidence outlined below with your report:
1. Photo of all sides of the box
2. Photos of all items in the box
3. Photos of individual items that clearly show the damage in question.
Damaged items will be checked by the support agent and reshipments will only be made for damaged items. This does not cover or include damage to the packaging of the item in question. Damage to packaging is not considered part of the damaged item.Boxes returned due to incorrect or incomplete shipping addresses will not be eligible for a refund. This policy may be updated at any time without prior notice and applies immediately and retroactively to all subscription plans and subscribers.
SECTION 24 TAXES
The total price includes the price of the product and applicable sales tax. Such state and local sales taxes are based on the shipping address and sales tax rate in effect at the time the product was purchased. Taxes will only be charged in states and other jurisdictions where products sold over the Internet are subject to taxation; Kawaii Sweet is not responsible for import, customs, and other taxes imposed by local governments.
SECTION 25 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us.
Kawaii Sweet
F5 Tatsutohigobasi Buildin, 1-24-15, Edobori, Nishi-ku, Osaka