General conditions of sale and use
Overview
This website is operated by Kyoto Fleurs. Throughout the site, we use the terms “we,” “our,” and “us” in reference to Kyoto Fleurs. This website, including all information, tools, and services accessible through it, is provided by Kyoto Fleurs to you as a user, provided that you agree to all terms, conditions, policies, and notices set forth herein.
By visiting our site and/or purchasing something from our company, you agree to participate in our “Service” and agree to be bound by the following terms and conditions (“General Terms,” “Terms of Use”), including the terms, conditions, and policies mentioned herein and/or accessible via hyperlink. These Terms of Use apply to all users of www.kyotofleurs.com, including, but not limited to, individuals who are visitors, suppliers, customers, merchants, and/or content providers. Please read these Terms of Use carefully before accessing and using our website. By accessing any part of the Site or using it, you agree to be bound by these Terms of Use. If you do not agree to all the terms and conditions of this agreement, you may not be able to access the website or use its services. If these Terms of Use are considered an offer, acceptance is expressly limited to them.
Each new tool or feature added to this store is also subject to the Terms of Use. You can view the most recent version of the Terms of Use at any time on this page. We reserve the right to update, modify, or replace any part of these Terms of Use by posting such updates and/or modifications on our website. It is your responsibility to check this page from time to time to see if any changes have been made. By continuing to access the website or use it after changes have been posted, you agree to them. Our store is hosted on Shopify Inc. This company provides us with the online e-commerce platform that allows us to sell our products and services to you.
ARTICLE 1 – Terms of Use for the Online Store
By accepting these Terms of Use, you represent that you have reached or exceeded the age of majority in your region, province, or state and that you have authorized us to allow any minor under your care to use this site.
You must not use our products for any illegal or unauthorized purpose, nor violate the laws of your jurisdiction when using the Service (including, but not limited to, copyright laws).
You must not transmit computer worms, viruses, or any destructive code.
Any infraction or violation of any of the Terms will result in the immediate termination of your Services.
ARTICLE 2 – General Terms
We reserve the right to refuse service to anyone at any time and for any reason.
You understand that your content (except for information related to your credit card) may be transmitted unencrypted and that this includes (a) transmissions over multiple networks; and (b) changes made to comply with and adapt to the technical requirements of network or device connections. Your credit card information is always encrypted when transmitted over networks.
You agree not to reproduce, duplicate, copy, sell, resell, or exploit any part of the Service, any use of the Service, any access to the Service, or any contact on the website through which the Service is provided, without our express written permission.
The headings used in this agreement are for reference purposes only and will not limit or affect these Terms in any way.
ARTICLE 3 – Accuracy, Completeness, and Timeliness of Information
We cannot be held responsible if the information provided on this site is inaccurate, incomplete, or outdated. The content of this site is provided for general informational purposes only and should not be considered or used as the sole basis for decision-making without consulting more authoritative, accurate, complete, or up-to-date information sources. If you rely on the content of this site, you do so at your own risk.
This site may contain certain historical data. By definition, historical data is not current and is provided for reference purposes only. We reserve the right to modify the content of this site at any time, but we have no obligation to update the information it contains, whatever it may be. You acknowledge that it is your responsibility to monitor changes made to our site.
ARTICLE 4 – Changes to the Service and Prices
Our product prices are subject to change without notice.
We reserve the right to modify or discontinue our services (or any part thereof) at any time and without notice.
We cannot be held responsible to you or any third party for any price changes, or any modification, suspension, or interruption of our services.
ARTICLE 5 – Products or Services
Some products or services may only be available online through the website. The quantities of these products or services may be limited, and their return or exchange will be strictly subject to our Return Policy.
We have endeavored to display the colors and images of the products in the store as accurately as possible. However, we cannot guarantee the accuracy of color display on your computer screen. We reserve the right, but are not obligated, to limit the sale of our products or Services to any given person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of the products or services we offer. All product descriptions and their pricing are subject to change at any time, without notice and at our sole discretion. We reserve the right to discontinue the sale of a product at any time. Any offer of a product or service on this site is void where prohibited by law.
We do not guarantee that the quality of the products, services, information, or other materials you purchase or obtain will meet your expectations.
ARTICLE 6 – Billing Accuracy and Account Information
We reserve the right to refuse any order you place with us. At our sole discretion, we may limit or cancel the quantities purchased by person, household, or order. These restrictions may include orders placed by or on the same customer account, the same credit card, and/or orders using the same billing and/or shipping address. If we modify or cancel an order, we may attempt to notify you by contacting you using the email address and/or billing address or phone number provided at the time of the order. We reserve the right to limit or prohibit orders that, in our opinion, appear to have been placed by wholesalers, resellers, or distributors. You agree to provide current, complete, and accurate purchase and account information for all purchases made in our store. You agree to promptly update your account and any other information, including your email address and credit card numbers and their expiration dates, so that we can process your transactions and contact you if necessary.
For more information, please see our Return Policy.
ARTICLE 7 – Optional Tools
We may provide you with access to third-party tools that we do not monitor, control, or manage.
You acknowledge and agree that we provide you with access to these tools “as is” and “as available,” without warranty, representation, or condition of any kind and without any approval. We cannot be held responsible for anything that may result from or be related to your use of third-party optional tools.
Any use by you of the optional tools provided through the site is entirely at your discretion and at your own risk. Furthermore, it is your responsibility to inquire about the terms under which these tools are provided by the relevant third-party supplier(s) and to agree to those terms.
We may also offer new services and/or features through the website in the future (including the launch of new tools and resources). These new services and/or features will also be subject to these Terms of Use.
ARTICLE 8 – Third-Party Links
Some content, products, and services accessible through our Service may include elements from third parties.
Third-party links on this site may redirect you to third-party websites that are not affiliated with us. We are not required to review or evaluate their content or accuracy, nor do we guarantee or assume any responsibility for the content or websites, or other content, products, or services from third-party sources.
We are not responsible for any losses or damages related to the purchase or use of goods, services, resources, content, or any other transaction related to these third-party websites. Please carefully read the policies and practices of these third parties and ensure you fully understand them before entering into a transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to those same third parties.
ARTICLE 9 – Comments, Feedback, and Other Submissions
If, at our request, you submit specific content (for example, as part of your participation in contests), or if, without our request, you send creative ideas, suggestions, proposals, plans, or other elements, whether online, by email, by mail, or otherwise (collectively, “Comments”), you grant us the right, at any time and without restriction, to modify, copy, publish, distribute, translate, and use in any medium whatsoever all Comments you transmit to us. We are not, and shall not at any time be held, (1) to maintain the confidentiality of the Comments; (2) to compensate anyone for any Comment provided; or (3) to respond to the Comments. We may, but are not obligated to, remove the content and Accounts containing content that we deem, at our sole discretion, illegal, offensive, threatening, defamatory, pornographic, obscene, otherwise objectionable, or in violation of a party's intellectual property or these Terms of Use. You agree that your Comments must not in any way infringe on the rights of third parties, including copyright, trademark, privacy, personality rights, or any other personal or intellectual property rights. You further agree that your Comments will not contain any illegal, insulting, or obscene elements, nor any computer virus or other malicious software likely to affect the operation of the Service or any related website in any way. You may not use a false email address, claim to be someone you are not, or try to mislead us or third parties as to the origin of the Comments. You are fully responsible for all Comments you make as well as their accuracy. We disclaim all responsibility for Comments published by you or a third party.
ARTICLE 10 – Personal Information
The transmission of your personal information to our store is governed by our Privacy Policy. Click here to view our Privacy Policy.
ARTICLE 11 – Errors, Inaccuracies, and Omissions
There may occasionally be information on our site or in our services that contains typographical errors, inaccuracies, or omissions related to descriptions, prices, promotions, offers, shipping costs, delivery times, and product availability. We reserve the right to correct any error, inaccuracy, or omission, and to change or update information, or even cancel orders, if any information in the Service or on any related website is inaccurate, at any time and without notice (including after you have placed your order).
We are not required to update, modify, or clarify the information provided in the Service or on any related website, including but not limited to information about prices, unless required by law. No specific date for updates or revisions to our services or any related website shall be defined to indicate that all information provided in our service or on any related website has been modified or updated.
ARTICLE 12 – Prohibited Uses
In addition to other prohibitions set forth in the Terms of Use, you are prohibited from using the site or its content: (a) for illegal purposes; (b) to induce third parties to perform illegal acts or participate in them; (c) to violate any local ordinance or any international, federal, provincial, or state regulation, rule, or law; (d) to infringe or violate our intellectual property rights or those of third parties; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate against anyone based on sex, sexual orientation, religion, ethnic origin, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that is or could be used to compromise the functionality or operation of the Service or any related website, as well as other websites or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, hijack a domain, extort information, crawl, scrape, or scan the web; (j) for obscene or immoral purposes; or (k) to disrupt or bypass the security measures of the Service or any related site, as well as other websites or the Internet. We reserve the right to terminate your use of the Service or any related website for violating the prohibited uses.
ARTICLE 13 – Disclaimer of Warranties and Limitation of Liability
We do not warrant, represent, or guarantee in any way that your use of our Service will be uninterrupted, secure, timely, or error-free.
We do not warrant that the results that may be obtained by using the Service will be accurate or reliable.
You agree that, from time to time, we may remove the Service for indefinite periods or cancel it at any time and without notice.You expressly agree that your use of the Service, or your inability to use it, is at your sole risk. The Service and all products and services provided to you through it are (unless expressly stated by us) provided “as is” and “as available” for your use, without warranties or conditions of any kind, whether express or implied, including all implied warranties or conditions of merchantability, fitness for a particular purpose, durability, title, and non-infringement.Kyoto Fleurs, our directors, officers, employees, affiliated companies, agents, contractors, interns, suppliers, service providers, and licensors shall in no way be held liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages, including but not limited to loss of profits, revenue, savings, or data, replacement costs, or other similar damages, whether in contract, tort (even in cases of negligence), strict liability, or otherwise, resulting from your use of the Service or any service or product that uses it, or from any other claim related in any way to your use of the Service or any product, including but not limited to errors or omissions in content, or any losses or damages arising from the use of the Service or content published, transmitted, or made accessible through the Service, even if you have been advised of the possibility of such occurrences.Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, our liability in such states or jurisdictions shall be limited to the maximum extent permitted by law.
ARTICLE 14 – Indemnification
You agree to indemnify, defend, and hold harmless Kyoto Fleurs and our parent company, subsidiaries, affiliated companies, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees from any claim or demand, including reasonable attorney fees, brought by any third party due to or resulting from your violation of these Terms of Use or the documents to which they refer, or your violation of any laws or third-party rights.
ARTICLE 15 – Severability
If any provision of these Terms of Use is held to be illegal, void, or unenforceable, that provision shall nevertheless be applicable to the fullest extent permitted by law, and the unenforceable part shall be considered severed from these Terms of Use, without such determination affecting the validity and enforceability of the other provisions.
ARTICLE 16 – Termination
The obligations and liabilities incurred by the parties prior to the termination date shall remain in effect after the termination of this agreement, for all purposes.
These Terms of Use shall remain in effect unless and until they are terminated by you or by us.You may terminate these Terms of Use at any time by notifying us that you no longer wish to use our Services, or when you stop using our site.If we determine or suspect, at our sole discretion, that you do not comply or have not complied with any term or provision of these Terms of Use, we may also terminate this agreement at any time and without notice. You will then remain responsible for all amounts owed up to and including the termination date, as a result of which we may refuse you access to our Services (or part thereof).
ARTICLE 17 – Entirety of the Agreement
Our failure to exercise or enforce any right or provision of these Terms of Use does not constitute a waiver of that right or provision.
These Terms of Use or any other policy or operating rule we publish on this site or that pertains to the Service constitute the entire understanding and agreement between you and us, and govern your use of the Service. They supersede all prior and current agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior version of the Terms of Use).Any ambiguity regarding the interpretation of these Terms of Use shall not be construed against the drafting party.
ARTICLE 18 – Governing Law
These Terms of Use, as well as any separate agreement by which we provide you with the Services, are governed by and construed in accordance with the laws of the province of Quebec, Canada.
ARTICLE 19 – Changes to the Terms of Use
You may view the most recent version of the Terms of Use at any time on this page.
We reserve the right, at our sole discretion, to update, modify, or replace any part of these Terms of Use by publishing such updates and/or modifications on our website. It is your responsibility to check our website from time to time to see if any changes have been made. By continuing to access and/or use our website and the Service after the publication of modifications to these Terms of Use, you agree to them.
ARTICLE 20 – Contact Information
Questions regarding the Terms of Use should be sent to us at info@kyotofleurs.com.
