Terms of service

Overview
Welcome to the Nanairo Toiro Online Store! "We," "us," and "our" refer to the Nanairo Toiro Online Store. The Nanairo Toiro Online Store operates this store and website, providing you with a curated shopping experience (hereinafter "Services"), including all related information, content, features, tools, products and services. The Nanairo Toiro Online Store is operated by Shopify, which provides us with the Services to offer to you.

The following Terms of Service and all policies referenced herein (hereinafter "Terms of Service" or "Terms") describe your rights and responsibilities when using the Services.

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

By browsing and operating our Services, you are deemed to have agreed to these Terms of Service and our Privacy Policy [LINK]. If you do not agree to these Terms of Service or our Privacy Policy, please do not use or access our Services.

Article 1 - Access and Account
By agreeing to these Terms of Service, you represent that you are of legal age in the state or region where you reside, and that you have given your consent to us for any minor dependents to use the Services through any device you own, purchase, or manage.
In using our Services (including accessing or browsing our online store, or purchasing the products and services we provide), 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 necessary rights to provide such information.
You are solely responsible for managing your account credentials and all activities that occur under your account. You may not transfer, sell, assign, or license your account to any other party.

Article 2 - Our Products
We make every effort to accurately represent our products and services in our online store. However, please understand that depending on the type and settings/configuration of your device, the colors and appearance of products on screen may differ from the actual product.
We do not guarantee that the appearance or quality of any product or service you purchase will meet your expectations or be as displayed in the online store.
Product descriptions may be changed at any time at our discretion without notice. We reserve the right to discontinue the sale of any product at any time, and we may, at our individual discretion, limit the quantity of products offered to particular individuals, regions, or jurisdictions.

Article 3 - Orders
Placing an order constitutes an offer to purchase. The Nanairo Toiro Online Store reserves the right, at its discretion, to accept or refuse your order for any reason. An order is not established until the Nanairo Toiro Online Store confirms acceptance. Before accepting your order, we must receive and process your payment. Please carefully review the contents before confirming your order. After an order has been accepted, the Nanairo Toiro Online Store may not be able to accommodate cancellation requests. If we do not accept your order, modify its contents, or cancel it, we will endeavor to notify you by contacting the email address, billing address, and/or phone number you provided when placing your order.
Returns or exchanges of your purchases will only be handled in accordance with our Refund Policy [LINK].
You represent and warrant that the products you purchase are intended for personal use by you or your household, and not for commercial resale or export purposes.

Article 4 - Prices and Billing
Prices, discounts, and promotions are subject to change without notice. The price of a product or fee for a service will be the price applicable at the time you place your order and will be stated in your order confirmation email. Unless otherwise specified, displayed prices do not include taxes, shipping fees, handling fees, customs duties, or import fees.
Prices displayed in our online store may differ from those offered in physical stores or in online stores or other stores operated by third parties. We may run promotions related to the Services from time to time, and these promotions may affect prices and may be governed by terms separate from these Terms of Service. In the event of any inconsistency between the terms of a promotion and these Terms of Service, the terms of the promotion 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 and other information, including your email address, credit card number, and expiration date, so that we can complete transactions and contact you as needed.
You represent and warrant the following: (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) your charges will be approved by the credit card company, and (iv) you will pay the listed price as well as shipping fees, handling fees, and all applicable taxes.

Article 5 - Shipping and Delivery
We are not responsible for shipping and delivery delays. Delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by shipping carriers, customs procedures, or causes beyond our control. Title and risk of loss transfer to you at the time the products are delivered to the shipping carrier.

Article 6 - Intellectual Property Rights
Our Services (including but not limited to trademarks, brands, text, displays, images, graphics, product reviews, video and audio, and their design, selection, and arrangement) belong to the Nanairo Toiro Online Store and its affiliates or licensors, and are protected by U.S. and foreign patent rights, copyrights, and other intellectual property laws.
These Terms of Service permit you to use the Services for personal and non-commercial purposes only. 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 to grant you any license or other rights based on the patents, trademarks, copyrights, or other intellectual property rights of the Nanairo Toiro Online Store, 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 by the Nanairo Toiro Online Store.
The name, logo, product and service names, designs, and slogans of the Nanairo Toiro Online Store are trademarks of the Nanairo Toiro Online Store or its affiliates or licensors. You may not use these trademarks without the prior written permission of the Nanairo Toiro Online Store. 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 on the Services are trademarks of their respective owners.

Article 7 - Optional Tools
Access to customer tools provided by third parties may be provided as part of the Services, but we do not monitor them and have no control over or involvement with their content.
You acknowledge and agree that we provide access to these tools "as is" and "as available," without any warranties, representations, or conditions of any kind, and without any endorsement. We shall not be liable in any way for any liability arising from or in connection with 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 must ensure that you have fully read and agreed to the terms of use established by the relevant third party.
In the future, we may offer new features through our Services (including the provision of new tools and resources). These new features will also be considered part of the Services and will be subject to these Terms of Service.

Article 8 - Third-Party Links
The Services may contain materials and hyperlinks to websites provided or operated by third parties (including cases where third-party features are embedded). We are not responsible for verifying or evaluating the content or accuracy of any third-party materials or websites you access. If you leave the Services to access these materials or third-party sites, you do so at your own risk.
We are not responsible for any damages incurred in connection with your access to third-party websites, or in connection with the purchase or use of products, services, resources, or content on third-party websites. Please carefully review and understand third-party policies and practices before conducting transactions. Any complaints, claims, concerns, or questions regarding third-party products or services should be directed to the third party directly.

Article 9 - Relationship with Shopify
[Note to Merchants: This section accurately represents the relationship between Shopify and your store and should not be deleted or modified.]
The Nanairo Toiro Online Store is operated by Shopify, which provides us with the Services to offer to you. However, all sales and purchases you make at our store are conducted directly with the Nanairo Toiro Online Store. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of the sales or purchases between you and the Nanairo Toiro Online Store (including any damages or injuries arising from the 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 the Nanairo Toiro Online Store.

Article 10 - Privacy Policy
All personal information we collect through the Services is subject to our Privacy Policy (available here: [LINK]). Additionally, some personal information may be subject to Shopify's Privacy Policy (available here). 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. The information you submit to the Services will be shared with and transmitted to Shopify and third parties that may be located outside your country of residence, and used to provide you with the Services. For more details on how we, Shopify, and our partners use your personal information, please see our Privacy Policy (here: [LINK]).

Article 11 - Feedback
If you submit, upload, post, email, or otherwise transmit any ideas, suggestions, feedback, reviews, plans, projects, or other content (hereinafter collectively "Feedback"), you are deemed to have granted 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 granted 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 Service.
You also represent and warrant the following: (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 the submission of the Feedback, and (iii) the Feedback complies with these Terms of Service. We have no obligation to: (1) keep your Feedback confidential, (2) compensate you for any Feedback, or (3) respond to any Feedback.
We may, at our sole discretion, monitor, edit, or remove Feedback that we determine to be unlawful, offensive, threatening, defamatory, libelous, pornographic, obscene, or otherwise inappropriate, or that infringes the intellectual property rights of any third party or violates these Terms of Service, but we are not obligated to do so.
You agree that your Feedback will not infringe any third-party rights, including copyrights, trademarks, privacy rights, publicity rights, or other personal or proprietary rights. You further agree that your Feedback will not contain defamatory or otherwise unlawful, abusive, or obscene content, nor will it contain computer viruses or malware that could affect the operation of the Services or related websites. You may not use a false email address, impersonate another person, or otherwise mislead us or any third party about the origin of the Feedback. You are solely responsible for the Feedback you provide and its accuracy. We bear no responsibility or legal liability for any Feedback posted by you or any third party.

Article 12 - Errors, Inaccuracies, and Omissions
The Services may contain typographical errors, inaccuracies, or omissions on or within the Services regarding product descriptions, prices, promotions, offers, shipping fees, delivery times, inventory availability, and the like. We reserve the right to correct errors, inaccuracies, or omissions, change or update information, or cancel orders without prior notice (even after an order has been placed) if any information is inaccurate.

Article 13 - Prohibited Activities
You shall access and use the Services only for lawful purposes. You shall not, directly or indirectly, access or use the Services for the following purposes: (a) any unlawful or malicious purpose, (b) to violate any international, federal, provincial, state, or local laws or regulations, (c) to infringe upon or violate our intellectual property rights or those of third parties, (d) to harass, abuse, insult, defame, libel, slander, intimidate, or otherwise harm our employees or any other persons, (e) to submit false or misleading information, (f) to upload, transmit, receive, download, use, or reuse materials that do not comply with these Terms of Service, (g) to send or arrange to send advertising or promotional materials (including "junk mail," "chain letters," "spam," or any other similar solicitation), (h) to impersonate or attempt to impersonate any other person or entity, or (i) to engage in any conduct that restricts or inhibits anyone's use or enjoyment of the Services, or that may harm or expose to liability the Nanairo Toiro Online Store, Shopify, or users of the Services, as determined by us.
Additionally, you agree not to engage in the following actions: (a) uploading or transmitting any viruses or other malicious code that affects or may affect the functionality or operation of the Services, (b) duplicating, copying, selling, reselling, or unauthorized use of any part of the Services, (c) collecting or tracking the personal information of others, (d) sending spam, phishing, pharming, using false pretexts, or running web crawlers or scrapers, (e) interfering with or circumventing the 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 Service, we reserve the right to suspend, disable, or terminate your account without prior notice.

Article 14 - Termination
We may terminate this agreement or your access to the Services (or any portion thereof) at any time and at our sole discretion without notice, and you shall remain liable for all unpaid amounts up to and including the date of termination.
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 any other provisions that by their nature should survive termination.

Article 15 - Disclaimer of Warranties
The information provided on or through the Services is intended 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, any other users of the Services, or any third party who may be informed of any of the Services' contents.
Except as expressly stated by the Nanairo Toiro Online Store, the Services and all products provided through the Services are provided "as is" and "as available," without any representations, warranties, or conditions of any kind, whether express or implied, including but not limited to merchantability, fitness, 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 on implied warranties or other warranties or the exclusion thereof, so the above disclaimers may not apply to you.

Article 16 - Limitation of Liability
To the maximum extent permitted by law, in no event shall the Nanairo Toiro Online Store and our partners, directors, officers, employees, affiliates, agents, contractors, service providers, licensors, and Shopify and its affiliates be liable for any injuries, losses, claims, or direct, indirect, incidental, punitive, special, or consequential damages (including but not limited to loss of profits, loss of revenue, loss of savings, loss of data, replacement costs, or any similar damages), arising from or related to your use of the Services or any products obtained through the Services, whether based on contract, tort (including negligence), strict liability, or any other legal theory. We are also not responsible for any errors or omissions in any content (or products) posted, transmitted, or otherwise made available through your use of the Services, or any losses or damages arising in connection therewith, even if we have been advised of the possibility of such damages.

Article 17 - Indemnification Obligations
You agree to indemnify, defend, and hold harmless the Nanairo Toiro Online Store, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any losses, damages, liabilities, or claims (including reasonable attorneys' fees) paid to third parties arising from or related to the following:
(1) Violation of these Terms of Service or any documents incorporated herein,
(2) Violation of law or the rights of any third party,
(3) Your access to or use of the Services.
We will notify you of any claim subject to indemnification. However, even if we fail to provide prompt notice, your indemnification obligations shall not be relieved unless you suffer material prejudice. We may control the defense and settlement of any such claim at your expense, including the selection of attorneys. However, we will not enter into any settlement that involves any non-monetary obligation on your part without your consent (such consent not to be unreasonably withheld). You shall cooperate in the defense of any claim subject to indemnification, including by providing relevant materials.

Article 18 - Severability
In the event that any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, such provision shall nevertheless remain in effect to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms of Service. Such determination shall not affect the validity and enforceability of any remaining provisions.

Article 19 - Waiver and Entire Agreement
Our failure 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 connection with the Services constitute the entire agreement and understanding between you and us, superseding any prior or contemporaneous agreements, communications, and proposals (whether oral or written, including but not limited to any prior versions of the Terms of Service) between you and us regarding your use of the Services.
Any ambiguity in the interpretation of these Terms of Service shall not be construed against the drafting party.

Article 20 - Assignment
You may not delegate, assign, or transfer any of your rights or obligations under this agreement or these Terms of Service without our prior written consent. Any such attempted action shall be deemed void. We may assign, transfer, or delegate these Terms of Service and our rights and obligations hereunder without your consent or notice.

Article 21 - Governing Law
These Terms of Service and any separate agreements regarding the Services we provide shall be governed by and construed in accordance with the laws of the federal and state courts (or territorial courts) located in the jurisdiction of the Nanairo Toiro Online Store's headquarters. You and the Nanairo Toiro Online Store consent to the venue and personal jurisdiction of such courts.

Article 22 - Headings
The headings used in this agreement are for convenience only and shall not affect the interpretation or application of these Terms of Service.

Article 23 - Changes 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, at our sole discretion, to update, change, or replace any part of these Terms of Service, with notice provided by posting such updates or changes on our website. It is your responsibility to check our website periodically and stay aware of any changes. In accordance with applicable law, we will notify you of any material changes to these Terms of Service. Such changes shall take effect as of the date specified in the notice. By continuing to use or access the Services after the changes to these Terms of Service are posted, you are deemed to have accepted such changes.

Article 24 - Contact Information
Questions regarding the Terms of Service should be sent to a.noble.niigata@gmail.com (*Please replace @ with a half-width @).