Introduction
These Terms and Conditions ("Terms", "Terms and Conditions") govern your relationship with https://miyabi.520hyy.com/ website (the "Service") operated by Miyabi ("us", "we", or "our").
Please read these Terms and Conditions carefully before using the Service. Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.
Purchases
If you wish to purchase any product or service made available through the Service (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your name, phone number, email address, postal address, payment information, and product choices.
You represent and warrant that: (i) you have the legal right to use any payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.
By submitting such information, you grant us the right to provide the information to payment processing third parties for purposes of facilitating the completion of Purchases.
We reserve the right to refuse or cancel your order at any time for certain reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.
We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.
Availability, Errors and Inaccuracies
We are constantly updating our offerings of products and services on the Service. The products or services available on our Service may be mispriced, described inaccurately, or unavailable, and we may experience delays in updating information on the Service and in our advertising on other web sites.
We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
Contests, Sweepstakes and Promotions
Any contests, sweepstakes or other promotions (collectively, “Promotions”) made available through the Service may be governed by rules that are separate from these Terms. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms, the Promotion rules will apply.
Intellectual Property
The Service and its original content, features and functionality are and will remain the exclusive property of Miyabi and its licensors. The Service is protected by copyright, trademark, and other laws of both Japan and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Miyabi.
Links To Other Web Sites
Our Service may contain links to third-party web sites or services that are not owned or controlled by Miyabi.
Miyabi has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Miyabi shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
Termination
We may terminate or suspend your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.
Upon termination, your right to use the Service will immediately cease.
Limitation Of Liability
In no event shall Miyabi, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Disclaimer
Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
Miyabi its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
Exclusions
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
Governing Law
These Terms shall be governed and construed in accordance with the laws of Japan, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.
Changes
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.
Additional Policies for Purchases
Placing Orders
By placing an order with Miyabi, you warrant that you are legally capable of entering into binding contracts.
Prices and Payment
All prices are shown in Japanese Yen (JPY) and include consumption tax. We reserve the right to alter prices at any time prior to you placing an order.
You agree to pay the prices displayed at the time you place your order. Payment can be made by credit card or other payment methods we make available during checkout.
All payment information is stored and processed by trusted third-party payment processors. Miyabi does not directly collect or store any payment card information entered through the Service.
Shipping & Delivery
When you place an order, we will estimate shipping and delivery dates for you based on the availability of your items and the shipping options you choose. Please note that shipping speeds may be impacted by COVID-19 and other factors outside our control.
We will make every effort to deliver your order according to the estimated timeframes provided at checkout. However, delays are possible and we cannot guarantee delivery by a stipulated date. Miyabi is not liable for any losses related to shipping delays or delivery errors.
Returns & Refunds
If you are not completely satisfied with your purchase, you can return most items to Miyabi within 30 days of delivery for a full refund. Items must be returned in original condition with tags still attached.
Customized, damaged, or dirty items cannot be returned. You are responsible for all return shipping costs unless the return is due to our error. Refunds are generally processed back to the original form of payment within 5-7 business days after receipt of the returned item.
Cancellation Rights
For orders placed online, you have the right to cancel your order within 14 days without giving any reason. The cancellation period will expire after 14 days beginning the day your order is dispatched.
To exercise your right to cancel, you must inform us of your decision to cancel by contacting us by email or phone. We will reimburse you no later than 14 days after being informed of your decision to cancel. We will use the same means of payment that you used in the original transaction.
This cancellation right does not apply to customized or made-to-order products.
Product Warranties
Miyabi guarantees the quality of all products offered through the Service. If you discover a manufacturing defect in an item you purchased through Miyabi, we will offer a refund or replacement at our discretion.
This warranty covers defects in materials and workmanship under normal use. It does not cover normal wear-and-tear or damage caused by improper use, accidents, abuse, misuse, neglect, or modifications.
To make a warranty claim, please contact our Customer Support team with details and photographs documenting the manufacturing defect. Customers are responsible for all shipping and handling costs associated with warranty claims.
Account Registration
To make purchases on Miyabi, you may be required to register and create an account. When you create an account, you agree to provide accurate and complete information about yourself. You are solely responsible for any activity that occurs on your account.
You must protect the security of your login credentials and notify us immediately of any unauthorized account access or hacking attempts. We are not liable for any loss or damage from your failure to protect account access credentials.
Content Submissions
Any reviews, suggestions, ideas, notes, drawings, concepts, or other material or information you submit to Miyabi through the Service shall become our exclusive property. Such submissions are non-confidential and we will be entitled to reproduce, use, disclose, and distribute them without limitation or attribution to you.
Indemnification
As a condition of your access to and use of the Service, you agree to indemnify, defend and hold harmless Miyabi and our officers, directors, employees, consultants, affiliates, subsidiaries and agents from and against any and all claims, liabilities, damages, losses, costs and expenses, including reasonable attorneys’ fees, caused by or arising out of claims based upon your actions or inactions, which may result in any loss or liability to Miyabi or any third party including but not limited to breach of any warranties, representations or undertakings or in relation to the non-fulfillment of any of your obligations under this Agreement or arising out of the violation of any applicable laws, regulations including but not limited to Intellectual Property Rights, payment of statutory dues and taxes, claim of libel, defamation, violation of rights of privacy or publicity.
Limitation of Liability
Miyabi will not be liable for any loss of profit, loss of business, business interruption, or loss of business opportunity. We will not be liable for any loss of goodwill or reputation, or any special, indirect, or consequential damages arising out of your use of the Service.
Nothing shall limit Miyabi’s liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.
Severability
If any provision of these Terms is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect. The failure of Miyabi to exercise any right under these Terms shall not be deemed a waiver of such right.
Assignment
You may not assign or transfer these Terms in whole or part without our prior written approval. We may assign these Terms at any time without notice.
Entire Agreement
These Terms constitute the entire agreement between you and Miyabi with respect to your use of the Service.
