Terms of Service

OVERVIEW
This website (miyabihobby.com) is operated by miyabihobby.
Throughout the site, the terms "we", "us", "our" and "The site", "The company" refer to miyabihobby.com.
miyabihobby.com offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our "Service" and agree to be bound by the following terms and conditions ("Terms of Service", "Terms"), including those additional terms and conditions and policies referenced herein and/or available by hyperlink.
These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website.
By accessing or using any part of the site, you agree to be bound by these Terms of Service.
If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services.
If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject 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 to update, change or replace any part of these Terms of Service 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 following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Shopify Inc.
They provide us with the online e-commerce platform that allows us to sell our products and services to you.



Article 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, 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 you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.



Article 2 - GENERAL CONDITIONS
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 involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
Credit card information is always encrypted during transfer 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 contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.


Article 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
There is no guarantee regarding the accuracy, timeliness or usability of the information published on the site.
The site reserves the right to add, alter, remove, etc.
any information provided at any time and without prior notice.
The site accepts no liability for any damages incurred by users as a result of any information which is added, altered or removed in this way.

This site may contain certain historical information.
Historical information, necessarily, is not current and is provided for your reference only.
We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site.
You agree that it is your responsibility to monitor changes to our site.



Article 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
All prices are considered to be set at the time an order is placed.
The site strives to provide only accurate information, however in the event of a pricing error the order will be altered to reflect the correct price.
In the event of manufacturer price change any affected orders will be altered to reflect the new price.
Only the price specified in the invoice may be considered as final.
Invoice prices include price of the products, handling/packaging fees, storage, and delivery costs.



Article 5 - PRODUCTS OR SERVICES (if applicable)
miyabihobby.com has the right to modify and/or replace the products at any time, depending on the products offered for sale by its distributors.
Photographs, and/or graphics depicting a product are only displayed as additional information and miyabihobby.com shall not be liable for them.
In the case when a supplier modifies a product, miyabihobby.com shall not be liable for the accuracy of its graphic representation and this shall not by any means affect the validity of the order.
Certain 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.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store.
We cannot guarantee that your computer monitor's display of any color 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 on a case-by-case basis.
We reserve the right to limit the quantities of any products or services that we offer.
All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time.
Any offer for any product or service made 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.



Article 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserves the right to suspend or cancel any order and / or shipment in the case of non payment of any amount due by the Buyer, or in the case of payment failure, whatever the current status of fulfillment of the order.
We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order.
These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.
We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store.
You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more detail, please review our ****Returns Policy***** on FAQ.



Article 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.



Article 8 - LINKS (THIRD-PARTY LINKS)
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this 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 harm or damages related to the purchase or use of goods, services, resources, content, information, opinions, ideas, instructions or any other transactions made in connection with any third-party websites.
Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.



Article 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (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 forward to us. We are and shall be under no obligation
(1) to maintain any comments in confidence.
(2) to pay compensation for any comments.
(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 violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right.
You further 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 in any way affect the operation of the Service or any related website.
You may not use a false e-mail address, pretend to be someone other than yourself, 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.



Article 10 - PERSONAL INFORMATION
Your submission of personal information through the store is governed by our 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. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake 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 update or refresh date applied 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 USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content:
(1) for any unlawful purpose;
(2) to solicit others to perform or participate in any unlawful acts;
(3) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances;
(4) to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
(5) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
(6) to submit false or misleading information;
(7) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet;
(8) to collect or track the personal information of others;
(9) to spam, phish, pharm, pretext, spider, crawl, or scrape;
(10) for any obscene or immoral purpose;
(11) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet.
We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.



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 miyabihobby.com, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, 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 any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, 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 the use of the service or any content (or product) posted, transmitted, or otherwise made available via the 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 miyabihobby.com and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.



Article 15 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.



Article 16 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).



Article 17 - ENTIRE AGREEMENT
The failure of us 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 respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.



Article 18 - GOVERNING LAW
All aspects of the agreement are in accordance with Japanese law.
The agreement shall be governed in all respects by the laws of Japan, without regard to conflict of law provisions. The user agrees that any claim or dispute you may have against "miyabihobby.com" must be resolved exclusively by the Osaka District Court located in Osaka, Japan.
1. All notifications to users regarding use of the site("miyabihobby.com") will be sent via e-mail or posted on the site itself.
2. Users agree to comply with any updates or contact sent from miyabihobby.com.
3. Users agree that any communications made with the site via the above listed methods may be used in a court of law.

Should any dispute arise, the decision of miyabihobby.com shall be final.



Article 19 - SHIPPING
All costs related to shipping service will be borne by the user.
All shipping costs and applicable services will be determined by miyabihobby.com.
Users agree to contact their local post office (not miyabihobby.com) for any changes to shipping address or other delivery details to be made after an order has been shipped.
"miyabihobby.com" accepts no liability for order or item cancellations caused by shipping delays, product availability, etc.



Article 20 - RETURNS
If the product is damaged or contains defects the user agrees to report said defects to "miyabihobby.com" within 7 days of receiving the merchandise.
"miyabihobby.com" will then determine the best course of action to be taken.
miyabihobby.com will not provide service for any reports received after 7 or more days have elapsed from an order's date of receipt.
Users agree to follow the process noted above and to abide by any service terms set by "miyabihobby.com".

--Sale items (if applicable)
Sale items are not elligible for returns.

--Opened Items
Opened items are not elligible for returns. this includes:
Items that have been opened or removed from the packaging
Items that have visible indications that the packaged has been opened
Opened cases that are no longer factory sealed

--Undelivered Orders
In case a shipment could not be delivered due to a wrong address, the package not being claimed or being refused by the addressee, it will be returned to miyabihobby.com .

To resend undelivered shipments, additional shipping fees will apply.
Please refer to our Cancellation and Return Policy in case you are not interested in having your order resent.

A package returned to us by the post office as undeliverable, unclaimed, or refused by the addressee is not an authorized return and as such not eligible for a refund.

In addition, shipping costs will not be compensated in the case of a package returned to us by the post office as undeliverable, unclaimed or refused by the addressee.

Several types of goods are exempt from being returned. Perishable goods such as food, flowers, newspapers or magazines cannot be returned. We also do not accept products that are intimate or sanitary goods, hazardous materials, or flammable liquids or gases.

Additional non-returnable items:
--Perishable goods such as food, flowers
--Newspapers or Magazines
--Gift cards
--Downloadable software products
--Some health and personal care items

To complete your return, we require a receipt or proof of purchase.
Please do not send your purchase back to the manufacturer.



Article 21 - REFUNDS
About refund for pre-order
If it’s within 60 days from the time you ordered it, we can issue a refund to you.
If it’s passed 60 days from the time you ordered it, we cannot issue a full refund to you.
If there are any problems with the pre-order that’s passed 60 days from the time you ordered it, we will issue a refund to you through PayPal.
Please be aware that any backorder and regular order are not subject of a refund.
--Sale items (if applicable)
Only regular priced items may be refunded, unfortunately sale items cannot be refunded.



Article 22 - PRODUCT LIABILITY
1. In the event that a product cannot be procured, "miyabihobby.com" reserves the right to cancel any orders as necessary.
2. "miyabihobby.com" will send products to the address stipulated by the user on the applicable order form;
3. "miyabihobby.com" will do its utmost to ensure the accuracy and completeness of product descriptions, however miyabihobby.com accepts no liability for inaccuracies or errors. Current descriptions take precedence over those previous noted;
4. Under law, this site accepts no responsibility whatsoever for damage to or loss of merchandise.



Article 23 - Interruption or Discontinuation of Service
The site reserves the right to halt or discontinue any and all services at "miyabihobby.com" discretion without prior notice for any of the following reasons:
(1) System trouble, system updates, security checks or any sort of emergency;
(2) In the event of a natural disaster or act of God;
(3) Problems related to ISPs or other communications carriers;
(4) Halt of or discontinuation of service due to technological, operational or any other unforeseen circumstances.
"miyabihobby.com" accepts no responsibility for damages incurred by users or other 3rd parties in the event of service suspension or cancellation.



Article 24 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.



Article 25 - COPYRIGHTS
Users may not infringe the site's copyrights, patents, trademarks, trade secrets or other intellectual property rights.
Users may not infringe on any third party's copyright, patent, trademark, trade secret or other intellectual property rights.
If this agreement is breached by a user, that user accepts all responsibility, legal and financial, and agrees to not take any action which would interfere with or damage miyabihobby.com in any way.



Article 26 - TRADEMARKS
"miyabihobby.com", "miyabihobby" and all logos related to the site's services are registered trademarks of miyabihobby.com.
All other product and company names found on this site are registered trademarks.
Users may not copy, imitate or use any such images or logos without prior written consent.



Article 27 - For Pay Later service.
you can use the Pay Later service.
However, this can only be used for products that have not been released yet.

Our payment gateway does not allow us to keep the funds for a long period.
Therefore, once it is closer to the release date, we will send an invoice by email.

First of all, please order the product that you would like to purchase.
The order will be cancelled once, but when the product is ready to be shipped, we will send you an invoice by email.

We do not charge a handling fee for the Pay Later service.

We cannot reserve products that have already gone on sale or that are ready for shipping now.
The only products that can be reserved are the ones that have a release date at least 30 days into the future.

If we cannot confirm the order with you, we cannot reserve the product.
If your credit card cannot be used, please check with your credit card company.

Please note that this 'Pay Later' service may end without notice.