Terms of service

Overview

Welcome to Takumi Express ! "We" and "our" refer to Takumi Express. Takumi Express operates this store and website, including all related information, content, features, tools, products and services, designed to provide you (the customer) with a carefully curated shopping experience (hereinafter referred to as "the Service"). Takumi Express is powered by Shopify, enabling us to provide you with the aforementioned services.

The specific terms of service outlined below, along with any policies referenced in these Terms of Service (these "Terms of Service" or "Terms"), describe your rights and responsibilities when using the Service.

Please read these Terms of Service carefully, as they contain important information about your legal rights, covering aspects such as warranty disclaimers and limitations of liability.

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

Section 1 - Access and Accounts

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, and you consent to allow any of your minor dependents to use our Service on devices you own, purchase, or manage.

To use the Service, including accessing or browsing our online store or purchasing any products or services we offer, you may be required to provide certain information such as your email address, billing, payment and shipping information. You represent and warrant that all information you provide in our store is correct, complete, and current, and that you have all necessary rights to provide such information.

You are solely responsible for maintaining the security of your account credentials and all account activity. You may not transfer, sell, assign your account to any other person or license any other person to use it.

Section 2 - Our Products

We have made every effort to accurately present our products and services in our online store. However, please note that due to differences in the type of device you use to access the store and your device settings and configuration, the actual colors or product appearance may differ from what you see on your screen.

We do not guarantee that the appearance or quality of any product or service you purchase will meet your expectations or be exactly as described or presented in our online store.

All product descriptions may be changed at any time without notice. We reserve the right to discontinue any product at any time and may limit the quantity of any product we offer to any person, geographic region, or jurisdiction on a case-by-case basis.

Section 3 - Orders

Your order represents an offer to purchase. Takumi Express reserves the right to accept or decline your order for any reason at its sole discretion. Your order is not accepted until Takumi Express confirms acceptance. We must receive and process your payment before your order is accepted. Please review your order carefully before submitting, as Takumi Express may be unable to help you cancel once the order is accepted. If we do not accept, make changes to, or cancel an order, we will attempt to notify you via the email, billing address and/or phone number you provided when placing your order.

Your purchase transactions are subject to returns and exchanges only in accordance with our Refund Policy.

You represent and warrant that you are purchasing products for personal or household use and not for any commercial resale or export purposes.

Section 4 - Pricing and Billing

Prices, discounts and promotions are subject to change without notice. The price charged for products or services is the price in effect at the time you place your order and will be listed in your order confirmation email. Unless expressly stated otherwise, published prices do not include taxes, shipping fees, handling fees, customs or import duties.

Prices published in our online store may differ from prices offered in physical stores or online or other stores operated by third parties. We may occasionally offer promotional offers for the Service that may affect pricing, and promotional offers are governed and bound by separate terms of service independent of these Terms. In the event of a conflict between promotional terms and these Terms, the promotional terms shall prevail.

You agree to provide complete, accurate and current purchase, payment and account information for all purchases made in our store. You agree to promptly update your account information and other information, including your email address, credit card number and expiration date, so that we can complete your transactions and contact you when necessary.

You represent and warrant that (i) the credit card information you provide is true, correct and complete, (ii) you have the right to use that credit card for purchases, (iii) charges you incur will be honored by your credit card company, and (iv) you will pay the charges you incur at the published prices, including shipping and handling fees and all applicable taxes (if any).

Section 5 - Shipping and Delivery

We are not responsible for shipping and delivery delays. All delivery times are estimates only and we make no guarantees. We are not responsible for delivery delays caused by carriers, customs processing or events beyond our control. Once we transfer products to the carrier, ownership and risk of loss immediately transfer to you.

Section 6 - Intellectual Property

Our Service, including but not limited to all trademarks, brands, text, displays, images, graphics, product reviews, videos and audio, and related designs, selections and arrangements, are owned by Takumi Express, its affiliates or licensors and are protected by U.S. and foreign patent, copyright and other intellectual property laws.

These Terms permit you to use the Service for non-commercial personal use only. You may not copy, distribute, modify, create derivative works, publicly display, publicly perform, republish, download, store or transmit any materials relating to the Service without our prior written consent. Unless expressly provided in these Terms, nothing in these Terms grants or shall be construed to grant you any license or other rights to any patents, trademarks, copyrights or other intellectual property of Takumi Express, Shopify or any third party. Unauthorized use of the Service may violate federal and state intellectual property laws. Takumi Express reserves all rights not expressly granted in these Terms.

The name, logo, product and service names, designs and slogans of Takumi Express are trademarks of Takumi Express or its affiliates or licensors. You may not use such trademarks without the prior written permission of Takumi Express. The name, logo, product and service names, designs and slogans of Shopify are trademarks of Shopify. All other names, logos, product and service names, designs and slogans in the Service are trademarks of their respective owners.

Section 7 - Optional Tools

As part of the Service, you may be provided with access to customer tools provided by third parties, which we do not monitor, control or intervene in.

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 assume no liability arising from or related to your use of optional third-party tools.

Your use of optional tools provided through the website 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 tools are provided by the relevant third-party provider(s).

We may also offer new features through the Service in the future (including the release of new tools and resources). Such new features shall also be considered part of the Service and subject to these Terms of Service.

Section 8 - Third Party Links

The Service may contain materials and hyperlinks to websites provided or operated by third parties (including any embedded third-party functionality). We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites you choose to access. If you decide to leave our Service to access such materials or third-party websites, you do so at your own risk.

We assume no liability for any harm or damage caused by your access to any third-party websites or your purchase or use of any products, services, resources or content on any third-party websites. Please carefully review third-party policies and practices and ensure you understand the specific requirements before engaging in any transactions. Complaints, claims, concerns or questions regarding third-party products and services should be directed to the third party.

Section 9 - Relationship with SHOPIFY

Takumi Express is powered by Shopify, enabling us to provide the Service to you. However, any sales and purchase transactions you make in our store are completed directly through Takumi Express. By using the Service, you acknowledge and agree that Shopify is not responsible for any matters relating to any sales transactions between you and Takumi Express, including any injury, damage or loss caused by purchased products and services. You hereby expressly release Shopify and its affiliates from all claims, damages and liabilities arising from or related to purchases and transactions between you and Takumi Express.

Section 10 - Privacy Policy

All personal information we collect through the Service is subject to our Privacy Policy, and certain personal information may be subject to Shopify's Privacy Policy, which can be viewed here. By using the Service, you represent that you have read these privacy policies.

Because the Service is hosted by Shopify, Shopify will collect and process personal information about your access to and use of the Service in order to provide and improve the Service. Information you submit to the Service will be transmitted to and shared with Shopify and third parties who may be located in countries outside your location in order to provide the Service to you. Please review our Privacy Policy for details on how we, Shopify and our partners use your personal information.

Section 11 - Feedback

If you submit, upload, post, email or otherwise transmit any ideas, suggestions, feedback, comments, 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 on any media for any purpose (including commercial purposes). For example, we may exercise our rights under this license to operate, provide, evaluate, enhance, improve and promote the Service, and to fulfill and exercise our obligations and rights under these Terms of Service.

You also represent and warrant that: (i) you own or have all rights necessary to submit all Feedback; (ii) you have disclosed any compensation or rewards received for submitting Feedback; and (iii) your Feedback will comply with these Terms. We have no obligation now or in the future to (1) keep your Feedback confidential; (2) pay compensation for your Feedback; or (3) respond to your 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, defamatory, libelous, pornographic, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Service.

You agree that your Feedback will not violate any rights of any third party, including copyright, trademark, privacy, personality or other personal or proprietary rights. You further agree that your Feedback will not contain defamatory or otherwise unlawful, abusive or obscene Feedback, or contain in any form any computer viruses or other malicious software that could affect the operation of the Service or any related website. You may not use a false email address, impersonate any person 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 responsibility for any Feedback posted by you or any third party.

Section 12 - Errors, Inaccuracies and Omissions

In rare cases, there may be typographical errors, inaccuracies or omissions in information about the Service or within the Service relating 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 at any time without prior notice when any information is inaccurate (including after you have submitted your order).

Section 13 - Prohibited Uses

You may only access and use the Service for lawful purposes. You may not access or use the Service, whether directly or indirectly, for the following purposes: (a) for any unlawful or malicious purpose; (b) to violate any international, federal, provincial or state regulations, rules, laws or local ordinances; (c) to infringe or harm the intellectual property of us or other parties; (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate or injure any of our employees or any other person; (e) to transmit false or misleading information; (f) to send, knowingly receive, upload, download, use or reuse any material that does not comply with these Terms; (g) to transmit or procure the sending of any advertising or promotional material, including any "junk mail," "chain letter," "spam" or any other similar solicitation; (h) to impersonate or attempt to impersonate any other individual or entity; or (i) to engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Service, or which, as determined by us, may harm Takumi Express, Shopify or users of the Service or expose them to liability.

Additionally, you agree not to: (a) 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; (b) copy, imitate, duplicate, 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 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 at any time without notice when we determine you have violated any provision of these Terms.

Section 14 - Termination

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

The following provisions continue to apply after any termination: Intellectual Property, Feedback, Termination, Disclaimers, Limitation of Liability, Indemnification, Severability, Waiver; Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions that by their nature should continue to apply after termination.

Section 15 - Disclaimers

Information provided in or through the Service is for general informational purposes only. We make no warranties as to the accuracy, completeness or usefulness of such information. Any reliance you place on such information is at your own risk. We assume no liability arising from reliance on such materials by you, any other visitor to the Service, or anyone who may be informed of any of its contents.

Unless expressly stated by Takumi Express, the Service and all products provided through the Service are provided "as is" and "as available" for your use, without any express or implied representations, warranties or conditions, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title and non-infringement. We do not warrant, represent or guarantee that your use of the Service will be uninterrupted, timely, secure or error-free. Some jurisdictions limit or do not allow disclaimers of implied 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 Takumi Express, our partners, directors, officers, employees, affiliates, agents, contractors, service providers or licensors, or SHOPIFY and the aforementioned parties of its affiliates, be liable for any injury, loss, claim or any direct, indirect, incidental, punitive, special or consequential damages of any kind, including but not limited to lost profits, lost revenue, lost savings, loss of data, replacement costs or any similar damages, whether based on contract, tort (including negligence), strict liability, or arising from your use of any Service or any products purchased using the Service, or any other claim related to your use of the Service or any products in any way, 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 products) posted, transmitted or otherwise made available via the Service, even if advised of the possibility of such occurrence.

Section 17 - Indemnification

You agree to defend, protect and hold harmless Takumi Express, Shopify and our affiliates, partners, officers, directors, employees, agents, contractors, licensors and service providers from any loss, damage, liability or claim payable to any third party arising from or related to the following, including reasonable attorneys' fees: (1) your breach of these Terms of Service or documents referenced in these Terms, (2) your violation of any law or infringement of third-party rights, or (3) your access to and use of the Service.

We will notify you of any indemnifiable claim, and failure to provide timely notice will not relieve you of your indemnification obligations unless it causes you material harm. We may control the defense and settlement of such claim matters at your expense, including selection of counsel, but we will not settle any claim that requires you to undertake non-monetary obligations without your consent (which shall not be unreasonably withheld). You will need to cooperate in the defense of indemnified claim matters, including providing relevant documents.

Section 18 - Severability

If any provision of these Terms of Service is determined to be unlawful, invalid or unenforceable, such provision shall still be enforced to the maximum extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, and such determination shall not affect the validity and enforceability of any remaining provisions.

Section 19 - Waiver

Our failure to exercise or enforce any right or provision of these Terms of Service does not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this website or in relation to the Service constitute the entire agreement and understanding between you and us, govern your use of the Service, and supersede any prior or contemporaneous oral or written agreements, communications and proposals between you and us (including but not limited to any prior versions of these Terms of Service).

Any ambiguities in these Terms of Service shall not be construed against the drafting party.

Section 20 - Assignment

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

Section 21 - Governing Law

These Terms of Service and any separate agreements whereby we provide the Service to you shall be governed by and construed in accordance with the federal, state or regional courts of the jurisdiction in which Takumi Express has its headquarters. You and Takumi Express agree to the subject matter and personal jurisdiction of such courts.

Section 22 - Headings

The headings used in this agreement are 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 to update, change or replace any part of these Terms of Service at our sole discretion by posting updates and changes on our website. It is your responsibility to check our website periodically for any changes to the Terms. We will notify you in accordance with applicable law when any material changes are made to these Terms, and the changes will take effect on the date specified in the notice. Your continued use of or access to the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

Section 24 - Contact Information

Questions related to these Terms of Service should be sent to us at sales@takumi-express.com.