Terms of service

OVERVIEW

Welcome to chibinta! "We," "us," and "our" refer to chibinta. chibinta operates this store and website, providing you with a curated shopping experience (the "Services"), including all information, content, features, tools, products, and services available. chibinta is powered by Shopify and provides Services to you.

The following terms of use and all policies referenced herein (collectively, the "Terms of Use" or "Terms") describe your rights and responsibilities when using the Services.

Please read these Terms of Use carefully as they contain important information about your legal rights, including disclaimers of warranties and limitations of liability.

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

SECTION 1 - ACCESS AND ACCOUNT

By agreeing to these Terms of Use, you represent that you are at least 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 the Services through devices you own, purchase, or manage.

In using our Services (including accessing or browsing our online store, or purchasing products or services we offer), you may be required to provide certain information, including 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 necessary rights to provide such information.

You are solely responsible for maintaining the security of your account credentials and all activities that occur 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 in our online store. However, please note that the colors and appearance of products on your screen may differ from the actual products depending on the type, settings, and configuration of your device.

We do not guarantee that the appearance or quality of any products or services you purchase will meet your expectations or match what is displayed in our online store.

Product descriptions may be changed at any time at our discretion without notice. We reserve the right to discontinue any product at any time and, at our sole discretion, may limit the quantities of products we offer to certain individuals, geographic regions, or jurisdictions.

SECTION 3 - ORDERS

Placing an order constitutes an offer to purchase. chibinta reserves the right to accept or decline your order at our discretion for any reason. Your order is not confirmed until chibinta confirms acceptance. We must receive and process your payment before accepting your order. Please review your order carefully before confirming. After your order is accepted, chibinta may not be able to accommodate cancellation requests. If we do not accept, modify, or cancel your order, we will make reasonable efforts to notify you by contacting the email address, billing address, and/or phone number provided at the time of order.

Returns or exchanges of your purchases will only be handled in accordance with our Refund Policy.

You represent and warrant that the products you purchase are for your 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. Product prices or service fees will be those applicable at the time of your order and will be stated in your order confirmation email. Unless otherwise specified, displayed prices do not include taxes, shipping fees, handling fees, duties, or import charges.

Prices displayed in our online store may differ from prices offered at physical stores or online stores or other stores operated by third parties. We may offer promotions from time to time regarding the Services, which may affect pricing and be governed by terms separate from these Terms of Use. In the event of any conflict between promotional terms and these Terms of Use, the promotional terms shall prevail.

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 information, including email address, credit card number, and expiration date, so that we can complete your transactions and contact you as needed.

You represent and warrant that: (i) the credit card information you provide is true, accurate, and complete; (ii) you have the authority to use such credit card for your purchase; (iii) charges incurred by you will be honored by your credit card company; and (iv) you will pay all charges at the prices posted, including shipping fees, handling fees, and all applicable taxes.

SECTION 5 - SHIPPING AND DELIVERY

We are not responsible for delays in shipping and delivery. Delivery times are estimates only and are not guaranteed. We are not liable for delays caused by shipping carriers, customs procedures, or circumstances beyond our control. Title and risk of loss pass to you when the products are delivered to the shipping carrier.

SECTION 6 - INTELLECTUAL PROPERTY RIGHTS

Our Services (including but not limited to trademarks, brands, text, displays, images, graphics, product reviews, videos and audio, and their design, selection, and arrangement) belong to chibinta and its affiliates or licensors and are protected by U.S. and foreign patent, copyright, and other intellectual property laws.

These Terms of Use grant you permission to use the Services solely for personal and non-commercial purposes. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any content on the Services without our prior written consent. Except as expressly stated in these Terms, nothing in these Terms shall be construed as granting you any license or other rights under any patent, trademark, copyright, or other intellectual property rights of chibinta, Shopify, or any third party. Unauthorized use of the Services may violate federal and state intellectual property laws. All rights not expressly granted in these Terms are reserved to chibinta.

The chibinta name, logo, product and service names, designs, and slogans are trademarks of chibinta or its affiliates or licensors. You may not use these trademarks without chibinta's prior written permission. The Shopify 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 TOOLS

Access to customer tools provided by third parties may be offered as part of the Services, but we do not monitor, control, or contribute to their content.

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 or recommendation. We shall have no liability whatsoever arising from or relating to your use of any optional third-party tools.

Your use of any optional tools offered through our 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 such tools are provided by the relevant third party.

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

SECTION 8 - THIRD-PARTY LINKS

The Services may contain materials or hyperlinks to websites provided or operated by third parties (including cases where third-party functionality is embedded). We are not responsible for examining or evaluating the content or accuracy of third-party materials or websites you access. When you leave the Services to access such materials or third-party sites, you do so at your own risk.

We shall have no liability whatsoever for any damage arising from your access to third-party websites or your purchase or use of products, services, resources, or content on third-party websites. Please review and understand third-party policies and practices before engaging in any transaction. Complaints, claims, concerns, or questions regarding third-party products or services should be directed to the third party.

SECTION 9 - RELATIONSHIP WITH SHOPIFY

chibinta is powered by Shopify and provides Services to you. However, all sales and purchases you make at our store are directly with chibinta. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of the sale or purchase between you and chibinta (including damages or injuries arising from products or services purchased). You expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with chibinta.

SECTION 10 - PRIVACY POLICY

All personal information we collect through the Services is subject to our Privacy Policy (available here https://chibinta.store/policies/privacy-policy). Some personal information may also be subject to Shopify's Privacy Policy (available here https://chibinta.store/policies/privacy-policy). By using the Services, you acknowledge that you have read these Privacy Policies.

Because the Services are hosted by Shopify, Shopify collects and processes personal information about your access to and use of the Services to provide and improve the Services for you. Information you submit to the Services may be shared and transmitted to Shopify and third parties, which may be located outside your country of residence, and used to provide the Services to you. For more information about how we, Shopify, and our partners use your personal information, please see our Privacy Policy (here https://chibinta.store/policies/privacy-policy).

SECTION 11 - FEEDBACK

If you submit, upload, post, email, or otherwise transmit any ideas, suggestions, feedback, reviews, plans, proposals, or other content (collectively, "Feedback"), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute, and display the Feedback for any purpose, including commercial use. For example, we may use the rights under this license to operate, provide, evaluate, enhance, improve, and promote the Services, and to fulfill our obligations and exercise our rights under these Terms of Use.

You also represent and warrant that: (i) you own all rights to the Feedback or have all necessary rights; (ii) you have disclosed any compensation or incentives received in connection with submitting the Feedback; and (iii) the Feedback complies with these Terms of Use. We have no obligation to: (1) maintain your Feedback in confidence; (2) pay compensation for the Feedback; or (3) respond to the Feedback.

We may, but are not obligated 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 third party's intellectual property rights or these Terms of Use.

You agree that your Feedback will not violate any third-party rights, including copyright, trademark, privacy, publicity, or other personal or proprietary rights. You further agree that your Feedback will not contain libelous or otherwise unlawful, abusive, or obscene material, or contain any computer viruses or malware that could affect the operation of the Services or related websites. You may not use a false email address, impersonate any person, or mislead us or third parties as to the origin of the Feedback. You are solely responsible for any Feedback you make 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

The Services may contain typographical errors, inaccurate information, or omissions regarding product descriptions, pricing, promotions, offers, 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 (even after your order has been placed) if any information was inaccurate, without prior notice.

SECTION 13 - PROHIBITED USES

You shall access and use the Services for lawful purposes only. You may not access or use the Services, directly or indirectly, for the following purposes: (a) unlawful or malicious purposes; (b) violation of international, federal, provincial, state, or local laws or regulations; (c) infringement or violation of our or any third party's intellectual property rights; (d) harassment, abuse, insult, harm, defamation, slander, disparagement, intimidation, or other harm to our employees or any other person; (e) transmission of false or misleading information; (f) transmission, receipt, upload, download, use, or reuse of material that does not comply with these Terms of Use; (g) transmission or arrangement of advertising or promotional materials (including "junk mail," "chain letters," "spam," or other similar solicitations); (h) impersonation or attempted impersonation of another person or entity; or (i) any action that limits or interferes with the use or enjoyment of the Services, or that we determine could harm or impose liability on chibinta, Shopify, or users of the Services.

Additionally, you agree not to: (a) upload or transmit viruses or other malicious code that affects or could 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 personal information of others; (d) spam, phish, pharm, pretext, spider, crawl, or scrape; or (e) interfere with or circumvent security features of the Services or related websites, other websites, or the Internet. If we determine that you have violated any provision of these Terms of Use, we have the right to suspend, disable, or terminate your account without prior 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, and you shall be responsible for all unpaid amounts up to the termination date.

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

SECTION 15 - DISCLAIMER OF WARRANTIES

Information provided on or through the Services is for general informational purposes only. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other user of the Services, or by anyone who may be informed of the contents of the Services.

Except where expressly stated by chibinta, the Services and all products provided through the Services are offered "as is" and "as available" without any representations, warranties, or conditions of any kind, whether express or implied, including merchantability, fitness for a particular purpose, durability, title, and non-infringement. We do not warrant, represent, or guarantee that your use of the Services will be uninterrupted, timely, secure, or error-free. Some jurisdictions do not allow limitations or exclusions of implied warranties or other warranties, so the above disclaimers may not apply to you.

SECTION 16 - LIMITATION OF LIABILITY

To the maximum extent permitted by law, in no event shall chibinta and 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 but not limited to 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 any other legal theory, arising from or related to your use of the Services or products obtained through the Services. We are also not liable for any errors or omissions in any content (or products) posted, transmitted, or otherwise made available through the Services, or any loss or damage of any kind incurred as a result of the use of the Services or any content (or products) posted, transmitted, or otherwise made available via the Services, even if advised of their possibility.

SECTION 17 - INDEMNIFICATION

You agree to indemnify, defend, and hold harmless chibinta, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any loss, damage, liability, or claim to third parties (including reasonable attorneys' fees) arising from or related to: (1) your breach of these Terms of Use or the documents they incorporate by reference; (2) your violation of any law or the rights of a third party; or (3) your access to or use of the Services.

We will notify you of any claim subject to indemnification; however, failure to provide prompt notice will not relieve you of your indemnification obligations unless you suffer material prejudice. We may manage the defense and settlement of such claims at your expense, including the selection of counsel; provided, however, that we will not settle any claim that imposes non-monetary obligations on you without your consent (which consent shall not be unreasonably withheld). You shall cooperate in the defense of indemnified claims, including providing relevant materials.

SECTION 18 - SEVERABILITY

In the event that any provision of these Terms of Use 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 to be severed from these Terms of Use. 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 of Use shall not constitute a waiver of such right or provision.

These Terms of Use and any policies or operating rules posted by us on this site or in respect to the Services constitute the entire agreement and understanding between you and us and govern your use of the Services, 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 Use).

Any ambiguities in the interpretation of these Terms of Use 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 this agreement or these Terms of Use without our prior written consent. Any such attempt shall be void. We may assign, transfer, or delegate these Terms of Use and our rights and obligations without your consent or notice.

SECTION 21 - GOVERNING LAW

These Terms of Use and any separate agreements whereby we provide Services shall be governed by and construed in accordance with the laws of the federal and state courts (or provincial courts) having jurisdiction where chibinta's head office is located. You and chibinta agree to submit to the venue and personal jurisdiction of such courts.

SECTION 22 - HEADINGS

The headings used in this agreement are included for convenience only and will not affect the interpretation or application of these Terms of Use.

SECTION 23 - CHANGES TO TERMS OF USE

You can review the most current version of the Terms of Use at any time on this page.

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

SECTION 24 - CONTACT INFORMATION

Questions about the Terms of Use should be sent to us at chibintastore@gmail.com.

Our contact information is as follows: chibintastore@gmail.com 581-23 Ogi, Ito-shi, Shizuoka 414-0053, Japan 050-1808-4286