Terms of service
Overview This website is operated by Marie Enterprise Co., Ltd. Throughout the site, the terms "we", "us" and "our" refer to Marie Enterprise Co., Ltd. Marie Enterprise Co., Ltd. offers this website, including all information, tools and services available on and through the site, to you, conditioned on your acceptance of all terms, conditions, policies and notices stated here. By accessing or purchasing from our site, you agree to use our "Services" and to be bound by the following terms of use ("Terms of Use", "Terms"), including any additional terms, conditions and policies referenced and/or linked herein. These Terms of Use apply to all users of the site, including but not limited to visitors, vendors, customers, merchants and content contributors. Please read these Terms of Use carefully before accessing or using our site. By accessing or using any part of the site, you agree to be bound by these Terms of Use. If you do not agree to all the terms and conditions herein, then you may not access the website or use any part of the Services. If these Terms of Use are considered an offer, acceptance is expressly limited to these Terms of Use. Any new features or tools which are added to the current store shall also be subject to the Terms of Use. You can review the most current version of these Terms at any time on this page. We reserve the right to update, change or replace any part of these Terms of Use 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 after the changes are posted constitutes your acceptance of those changes. Our store is hosted by Shopify Inc., which provides us with an online e-commerce platform for selling our products and services. Article 1 - Online Store Terms of Use You are prohibited from transmitting any worms, viruses or any code of a destructive nature. Any breach or violation of any of the Terms will result in an immediate termination of your use of the Services. SECTION 2 - GENERAL 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, or that you are the age of majority in your state or province of residence and have given us your consent to allow your minor dependents to use the Site. You may not use our products for any illegal or unauthorized purpose or, in using the Services, violate any laws in your jurisdiction (including, but not limited to, copyright laws). 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 may be subject to (a) transmissions over various networks and (b) changes to conform and adapt to the technical requirements of connecting networks or devices. Credit card information is always encrypted during transmission 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 contacts on the website through which the service is provided, without express written permission from the Company. The headings used herein are included for convenience only and in no way limit or affect these Terms. Article 3 - Accuracy, Completeness and Timeliness of Information We are not responsible if information made available on this site is inaccurate, incomplete or not current. The materials on this site are provided for general information only and should not be relied upon as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the materials on this site is at your own risk.
This site may contain historical records. Historical records are not necessarily current and are provided for your reference only. We reserve the right to modify the content of this site at any time, but have no obligation to update any information on this site. You agree that it is your responsibility to check this site periodically for changes. Article 4 - Changes to Services and Prices Prices for products are subject to change without notice. We reserve the right to modify or discontinue the Service (or any part or content thereof) at any time without notice. We shall not be liable for any damage suffered by you or any third party resulting from any modification, price change, suspension or discontinuance of the Service. Article 5 - Products or Services (if applicable) Some products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy. While we attempt to display as accurately as possible the colors and images of the products that appear on our store, we cannot guarantee that your computer monitor's display of those colors will be accurate. We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region or jurisdiction. We may exercise this right in certain circumstances. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products and product prices are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product or service on this site is void where prohibited. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected. 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 made under the same customer account, the same credit card, and/or orders with the same billing and/or shipping address. If we make a change to or cancel an order, we may attempt to contact you using the email address and/or billing address and/or telephone numbers provided with the order. We reserve the right to limit or prohibit orders that, in our sole discretion, appear to be made by dealers, resellers, or distributors. You agree to provide current, complete and accurate purchase and account information for all purchases made on the Site. You agree to promptly update your account and other information, including your email address, credit card numbers, and expiration dates, so that we can complete your transactions and contact you as needed. Please see our Return Policy for more information. Article 7 - Optional Tools We may provide you with access to external tools over which we do not monitor, control or have any input. You acknowledge and agree that we provide access to such external tools on an "as is" and "as available" basis, without any warranties, representations or conditions of any kind and without any endorsement whatsoever. We shall not be liable for any damages arising from or in connection with your use of optional external tools. Your use of optional tools provided through this site is at your own risk and discretion, and you are fully aware of and agree to the terms and conditions of the external provider providing the tool. We may also offer new services and/or features through this website, including, but not limited to, the release of new tools and resources. Such new features and/or services shall also be subject to these Terms of Use. Article 8 - Links to Third Parties Certain content, products and services available through this site may include materials from third parties. External links on our 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 loss or damage related to the purchase or use of any goods, services, resources, content, or any other transactions made in connection with third-party websites. Please review and understand the policies and practices of the third-party provider carefully before engaging in any transaction. You should contact the third party directly with any complaints, claims, concerns or questions regarding third-party products.
SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS If, at our request, you send certain specific submissions (for example contest entries) or without our request you send creative ideas, suggestions, projects, plans, or other materials, whether online, by email, by postal mail, or by any other means (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 send to us. We are 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 are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or that infringes intellectual property or violates these Terms of Use. You agree that your comments will not violate any right of any third party, including copyright, trademark, privacy, personal or other personal or proprietary right. You also 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 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 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 Your submission of personal information through our store is subject to our Privacy Policy. To view our Privacy Policy, click on the "Link to Privacy Policy". ARTICLE 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. If any information in the Service or on any related website is inaccurate, 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 (including after you have submitted your order). We are under 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 revision or update date 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. ARTICLE 12 - PROHIBITED CONDITIONS In addition to other prohibitions as set forth in the Terms of Use, you are prohibited from using the site or its content in the following cases: (a) for any unlawful purpose; (b) to solicit the performance or participation of any illegal activity; (c) to violate any international, national, provincial or state regulation, rule, law, or local ordinance; (d) to infringe or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, hate, defame, libel, 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 disrupt the functionality or operation of the Service or any related website; (h) uploading or transmitting viruses or other malicious code that may affect the functionality or operation of other websites or the Internet; (i) collecting or tracking personal information of others; (i) spamming, phishing, farming, pretexting, spidering, crawling, scraping; (j) for obscene or immoral purposes; or (k) interfering with or circumventing the security features of the Service, any related website, other websites, or the Internet. If you engage in any of the prohibited activities, we have the right to terminate your use of the Service or any related website. Article 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 Marie Enterprises, Inc., our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, direct, indirect, incidental, punitive, 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 our service or any products procured using our service, or for any other claim related in any way to your use of our service or any products, 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 your use of our service or any content (or products) posted, transmitted, or otherwise made available via our 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.
Article 14 - Indemnification You agree to indemnify, defend and hold harmless Marie Enterprises Inc. and its parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees from any claim or demand, including reasonable attorneys' fees, made by a third party due to or arising out of your breach of these Terms of Use or any document referenced in these Terms of Use, or your violation of any law or the rights of a third party. Article 15 - Severability If any provision of these Terms of Use is determined to be illegal, invalid or unenforceable, that provision shall be enforceable to the maximum extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms of Use, but such determination shall not affect the validity and enforceability of the remaining provisions. Article 16 - Termination of Terms of Use Obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this Agreement for all purposes. Article 17 - Entire Agreement These Terms of Use are effective unless and until terminated by you or us. You may terminate these Terms of Use at any time by notifying us that you no longer wish to use our services or by ceasing to use this website. If we believe that you have failed, or we suspect that you have failed, to comply with any term or provision of these Terms of Use, we may terminate these Terms of Use at any time without notice and you will remain liable for all amounts due up to the date of termination and/or may be denied access to the Site's services (or any part thereof) for the period up to and including the date of termination. 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 website or in connection with 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 or proposals, whether oral or written, between you and us (including but not limited to any prior versions of these Terms of Use), and any ambiguities in the interpretation of these Terms of Use shall not be construed against the drafter. Article 18 - Governing Law These Terms of Use and any separate agreements under which we provide the Services shall be governed by the laws of 7-7-7 Roppongi, Minato-ku, Tokyo 106-0032, Japan, and any disputes arising in relation to the Services shall be submitted to the exclusive jurisdiction of the courts having jurisdiction over the location of our head office.