Terms of service

利用規約

Effective Date: November 26, 2024

These Terms of Service (the “Terms”) govern your access to and use of the website and online store operated by Yamasan Co., Ltd. (YAMASAN KYOTOUJI) (hereinafter referred to as “YAMASAN”, “we”, “us”, or “our”) available at https://kyotoyamasan-onlinestore.com/ (the “Site” or “Service”). By accessing or using the Service, you (“User” or “you”) agree to be bound by these Terms. If you do not agree to these Terms, you must not use the Service.


1. Scope of Application

These Terms apply to all interactions between Users and YAMASAN regarding the use of the Service, including browsing, purchasing, account creation, and any other use of the Site.

2. Eligibility

By using the Service, you represent that:

  • You are of legal age in your jurisdiction to form a binding contract; or
  • If you are under the legal age, you have obtained consent from a parent or legal guardian to use the Service.

3. Account Registration

If you create an account on our Site, you agree to:

  • Provide accurate, current, and complete information;
  • Maintain and promptly update your account information;
  • Keep your password and account credentials confidential;
  • Be responsible for all activities that occur under your account.

We reserve the right to suspend or terminate accounts that provide false information or engage in prohibited activities.

4. Orders and Contract Formation

  • By placing an order through the Site, you are making an offer to purchase products in accordance with these Terms.
  • We reserve the right to accept or reject any order at our discretion, including for reasons such as product availability, pricing errors, or suspected fraud.

5. Product Information and Pricing

  • We strive to ensure that product descriptions, images, and prices are accurate; however, we do not guarantee that all information is completely error-free.
  • Prices are subject to change without notice.
  • In the event of a pricing error, we reserve the right to cancel or refuse orders placed at the incorrect price.

6. Payment

  • All payments must be made through the payment methods provided on the Site (e.g., Shopify Payments, credit card, or other third-party processors).
  • You agree that all payment information you provide is accurate and that you are authorized to use the selected payment method.
  • We do not store full credit card details on our servers.

7. Shipping and Delivery

  • Shipping is subject to our Shipping Policy.
  • Delivery times are estimates and may vary depending on location, carrier, and customs clearance.
  • YAMASAN is not responsible for delays caused by carriers, customs, or other factors beyond our reasonable control.

8. Returns and Refunds

Returns and refunds are governed by our Returns & Refund Policy, which is incorporated into these Terms by reference.

9. Prohibited Activities

When using the Service, Users must not engage in the following activities:

  • Violating any applicable laws or public order and morals;
  • Engaging in criminal activities or activities related to crime;
  • Infringing upon the rights, privacy, or interests of YAMASAN, other Users, or third parties;
  • Providing false, misleading, or fraudulent information;
  • Attempting to interfere with, disrupt, or damage the Service;
  • Using the Service for commercial purposes without our prior written consent;
  • Any other activities deemed inappropriate by us.

We reserve the right to suspend or terminate your access if you violate these Terms.

10. Intellectual Property Rights

All content on the Site, including but not limited to text, images, logos, product descriptions, videos, and design elements, is owned by or licensed to YAMASAN and is protected by copyright, trademark, and other intellectual property laws.

You may not copy, reproduce, distribute, or use any content from the Site without our prior written permission.

11. Service Modifications and Termination

We reserve the right to:

  • Modify, suspend, or discontinue any part of the Service at any time without prior notice;
  • Restrict or terminate your access to the Service if you violate these Terms.

We shall not be liable for any damages resulting from such modifications, suspension, or termination.

12. Disclaimer of Warranties

To the fullest extent permitted by law:

  • The Service is provided “as is” and “as available.”
  • We do not guarantee that the Service will be uninterrupted, secure, or error-free.
  • We do not guarantee the accuracy, completeness, or reliability of any information on the Site.
  • 12A. Food and Health Disclaimer

    The products sold through the Service are food products intended for general consumption only.

    The information provided on the Site, including product descriptions, ingredients, tasting notes, and any references to potential benefits, is for informational purposes only and is not intended as medical, nutritional, or health advice.

    Our products are not intended to diagnose, treat, cure, or prevent any disease. Individual results may vary depending on personal health conditions, sensitivities, or dietary needs.

    Users are solely responsible for reviewing product ingredients and determining whether a product is suitable for their individual circumstances, including allergies or dietary restrictions. YAMASAN shall not be liable for adverse reactions resulting from food allergies, sensitivities, or misuse of the products.

13. Limitation of Liability

13A. Indemnification

You agree to indemnify, defend, and hold harmless YAMASAN, its directors, officers, employees, affiliates, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of or related to:

(a) your violation of these Terms;
(b) your misuse of the Service or products purchased through the Service;
(c) your violation of any applicable law or regulation; or
(d) any claim brought by a third party arising from your actions.

13B. Limitation of Claims

Any claim or cause of action arising out of or relating to the Service or these Terms must be brought within one (1) year after the claim arises. Otherwise, such claim or cause of action shall be permanently barred.

To the extent permitted by applicable law, YAMASAN shall not be liable for:
  • Any indirect, incidental, or consequential damages arising from your use of the Service;
  • Loss of profits, data, or business opportunities;
  • Damages caused by third parties, including payment processors or shipping carriers.
Our total liability, if any, shall be limited to the amount you paid for the product in question.

14. Handling of Personal Information

We will handle your personal information in accordance with our Privacy Policy, which forms part of these Terms.

15. Third-Party Links

The Site may contain links to third-party websites. We are not responsible for the content, privacy practices, or actions of those third-party sites.

16. Changes to the Terms

We may update or modify these Terms at any time. The revised Terms will take effect upon being posted on the Site. Your continued use of the Service constitutes acceptance of the updated Terms.

17. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of Japan.

Any disputes arising in connection with the Service shall be subject to the exclusive jurisdiction of the courts located in Kyoto, Japan, where YAMASAN’s headquarters is located.

17A. Arbitration and Class Action Waiver

Any dispute, claim, or controversy arising out of or relating to these Terms or the Service shall be resolved by binding arbitration on an individual basis, rather than in court, except that either party may bring claims in small claims court if the claims qualify.

You agree that disputes will be resolved solely on an individual basis, and you waive any right to participate in a class action, class arbitration, or representative action against YAMASAN.

The arbitration shall be conducted in accordance with the applicable arbitration rules, and the arbitrator’s decision shall be final and binding to the fullest extent permitted by law.

18. Contact Information

If you have any questions regarding these Terms, please contact us at:

Email: yamasanb2c@gmail.com

Address:
YAMASAN KYOTOUJI
67 Uji Ichiban, Uji-shi, Kyoto 611-0021
Japan