Algemene voorwaarden
OVERVIEW
Welcome to Matcha Yukari! The terms “we,” “us,” and “our” refer to Matcha Yukari. Matcha San operates this store and website, including all related information, content, features, tools, products, and services, to provide you, the customer, with a personalized shopping experience (the “Services”). Matcha Yukari is powered by Shopify, enabling us to deliver the Services to you.
The terms and conditions below, including all referenced policies (the “Terms of Service” or “Terms”), describe your rights and responsibilities when using the Services.
Please read these Terms of Service carefully. They contain important information about your legal rights and cover subjects such as disclaimers and limitations of liability.
By visiting, interacting with, or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to the Terms of Service or the Privacy Policy, you are not permitted to access or use our Services.
ARTICLE 1 – ACCESS AND ACCOUNT
By agreeing to these Terms of Service, you represent that you are of legal age in the state or province where you reside, and that you have given us consent to allow any minor dependents to use the Services on devices you own, purchase, or manage.
To use the Services, including browsing or visiting our shops or purchasing products or services we offer, we may require you to provide certain information such as your email address and billing, payment, and shipping details. You represent and warrant that all information you provide in our stores is accurate, current, and complete, and that you have all necessary rights to provide this information.
You are solely responsible for maintaining the security of your account credentials and for all activities conducted under your account. You may not transfer, sell, assign, or license your account to anyone else.
ARTICLE 2 – OUR PRODUCTS
We strive to provide the most accurate descriptions of our products and services in our online stores. However, please note that the colors and appearance of products may differ from what you see on your screen. This depends on the device you use to access the store and the device’s settings and configuration.
We do not guarantee that the appearance or quality of products or services you purchase will meet your expectations or match the presentation or description in our webshop.
All product descriptions may be changed at any time without notice. We reserve the right to discontinue any product at any time and may limit the quantities offered per person, per region, or per jurisdiction.
ARTICLE 3 – ORDERS
When you place an order, you are making an offer to purchase. Matcha San reserves the right to accept or reject your order at our sole discretion for any reason. Your order is accepted only once Matcha Yukari has confirmed it. We must receive and process your payment before your order is accepted.
Please review your order carefully before submitting it. Matcha Yukari may not be able to accommodate a cancellation request once your order has been accepted. If we do not accept, modify, or cancel an order, we will attempt to notify you using the email address, billing address, and/or phone number provided during checkout.
You may return or exchange purchases only in accordance with our Return Policy.
You represent and warrant that your purchases are for personal or household use only and not for commercial resale or export.
ARTICLE 4 – PRICES AND BILLING
Prices, discounts, and promotions may change without notice. The price charged for a product or service will be the price in effect at the time your order is placed and will be stated in your order confirmation email. Unless explicitly stated otherwise, prices exclude taxes, shipping, handling, customs duties, and import fees.
Prices displayed in our online stores may differ from prices in physical stores or in stores or online platforms operated by third parties. We may offer promotions from time to time that affect pricing and are governed by separate terms. If there is a conflict between promotional terms and these Terms, the promotional terms prevail.
You agree to provide current, complete, and accurate purchase, payment, and account information for all purchases made in our stores. You agree to promptly update your account and other details, including your email address, credit card numbers, and expiration dates, so we can complete your transactions and contact you if needed.
You represent and warrant that (i) the credit card information you provide is correct and complete; (ii) you are authorized to use the card; (iii) your charges will be honored by your credit card company; and (iv) you will pay the charges at the posted prices, including shipping, handling, and applicable taxes.
ARTICLE 5 – SHIPPING AND DELIVERY
We are not responsible for shipping or delivery delays. All stated delivery times are estimates and not guaranteed. We are not liable for delays caused by carriers, customs, or events outside our control. Once we hand products over to the carrier, ownership and risk of loss transfer to you.
ARTICLE 6 – INTELLECTUAL PROPERTY
Our Services—including but not limited to trademarks, branding, text, displays, images, graphics, product reviews, video and audio, and their design, selection, and arrangement—are owned by Matcha Yukari, its affiliates, or licensors, and are protected under patent, copyright, and intellectual property laws in the United States and other countries.
These Terms permit you to use the Services for personal, non-commercial use only. You may not reproduce, distribute, modify, create derivative works, publicly display, publicly perform, republish, download, store, or transmit any material within the Services without our prior written consent.
Except as expressly provided in these Terms, nothing grants you a license or rights under any patent, trademark, copyright, or other intellectual property belonging to Matcha San, Shopify, or any third party. Unauthorized use may violate laws. All rights not expressly granted are reserved.
The names, logos, product names, service names, design elements, and slogans of Matcha Yukari are trademarks of Matcha San or its affiliates or licensors. You may not use them without prior written consent. Shopify’s names, logos, and marks are trademarks of Shopify. All other marks within the Services belong to their respective owners.
ARTICLE 7 – OPTIONAL TOOLS
You may gain access to third-party tools provided within the Services. We do not monitor or control these tools.
You acknowledge that we provide access to such tools “as is” and “as available,” without warranties or endorsements. We are not liable for damage arising from your use of such optional third-party tools.
Your use of these tools is entirely at your own risk. You are responsible for understanding and agreeing to any terms imposed by the relevant third party.
We may introduce new features or tools via the Services in the future. These will also be subject to these Terms.
ARTICLE 8 – THIRD-PARTY LINKS
The Services may include materials and hyperlinks to websites provided or maintained by third parties (including embedded functionality). We are not responsible for reviewing or evaluating third-party content or accuracy. Accessing such websites is at your own risk.
We are not liable for any damage or consequences arising from your access to third-party websites or your purchase or use of products, services, or content found there.
Please review the external party’s policies before engaging in any transaction. All complaints or questions related to third-party products or services must be directed to the relevant third party.
ARTICLE 9 – RELATIONSHIP WITH SHOPIFY
Matcha Yukari uses Shopify to provide the Services. All sales and purchases in our store, however, are conducted directly with Matcha Yukari. By using the Services, you acknowledge and agree that Shopify is not responsible for any sales-related matters between you and Matcha Yukari, including injury, damage, or loss arising from purchased products or services. You expressly release Shopify and its affiliates from any claims or liabilities arising from your transactions with Matcha Yukari.
ARTICLE 10 – PRIVACY POLICY
All personal information collected through the Services is subject to our Privacy Policy, available here. Some personal data may also be governed by Shopify’s Privacy Policy, available here. By using the Services, you confirm that you have read the applicable Privacy Policy.
Because our Services are hosted by Shopify, Shopify collects and processes personal information regarding your access to and use of the Services to deliver and improve them. Information submitted through the Services is transmitted to and shared with Shopify and third parties, which may be located in countries other than your own.
Review our Privacy Policy for more details.
ARTICLE 11 – FEEDBACK
If you submit, upload, post, email, or otherwise provide ideas, suggestions, feedback, reviews, proposals, plans, or other content (“Feedback”), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute, and display that Feedback in any medium for any purpose, including commercial purposes.
You represent and warrant that (i) you own all rights to the Feedback or have the necessary permissions; (ii) you have disclosed any compensation or incentives tied to your Feedback; and (iii) your Feedback complies with these Terms.
We are not obligated to (1) maintain Feedback confidentiality, (2) pay compensation, or (3) respond.
We may remove Feedback that we determine, at our discretion, to be unlawful, offensive, threatening, defamatory, obscene, or otherwise objectionable, or that violates intellectual property rights or these Terms.
You agree that your Feedback will not violate any third-party rights and will not contain unlawful, abusive, or obscene material, nor viruses or malware. You may not use a false email address or mislead us or others regarding the origin of Feedback. You are solely responsible for the accuracy of your Feedback. We accept no liability for Feedback posted by you or others.
ARTICLE 12 – ERRORS, INACCURACIES, AND OMISSIONS
Occasionally, information within or relating to the Services may contain typographical errors, inaccuracies, or omissions, including product descriptions, pricing, promotions, shipping charges, transit times, and availability.
We reserve the right to correct errors, update information, or cancel orders affected by incorrect information at any time without notice (including after you place an order).
ARTICLE 13 – PROHIBITED USES
You may use the Services only for lawful purposes. You may not use the Services, directly or indirectly:
(a) for unlawful or harmful activities;
(b) to violate laws or regulations;
(c) to infringe intellectual property rights;
(d) to harass or harm others;
(e) to submit false or misleading information;
(f) to knowingly upload or transmit material that violates these Terms;
(g) to send spam or promotional messages;
(h) to impersonate others; or
(i) to engage in behavior that restricts or harms other users or exposes Matcha Yukari, Shopify, or others to liability.
You also agree not to:
(a) upload viruses or harmful code;
(b) reproduce, sell, or exploit any part of the Services;
(c) collect personal information of others;
(d) engage in spam, phishing, pharming, scraping, or crawling; or
(e) bypass or interfere with security features.
We may suspend or terminate your account at any time without notice if you violate these Terms.
ARTICLE 14 – TERMINATION
We may terminate this agreement or your access to the Services at any time, without notice, at our discretion. You remain responsible for all amounts due up to the date of termination.
The following articles survive termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver and Entire Agreement, Assignment, Governing Law, Privacy Policy, and any others that reasonably must survive.
ARTICLE 15 – DISCLAIMER OF WARRANTIES
Information provided through the Services is for general informational purposes only. We do not guarantee its accuracy or completeness. Reliance on such information is at your own risk.
UNLESS EXPRESSLY STATED BY Matcha Yukari, THE SERVICES AND ALL PRODUCTS PROVIDED THROUGH THEM ARE OFFERED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT.
We do not guarantee uninterrupted, timely, or error-free use of the Services. Some jurisdictions do not allow limitations on implied warranties, so these limitations may not apply to you.
ARTICLE 16 – LIMITATION OF LIABILITY
TO THE EXTENT PERMITTED BY LAW, Matcha Yukari AND OUR AFFILIATES, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, SUPPLIERS, AND LICENSORS—AND THOSE OF SHOPIFY—ARE NOT LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND.
This includes but is not limited to lost profits, revenue loss, lost savings, data loss, replacement costs, or similar damages arising from your use of the Services or products purchased through them.
ARTICLE 17 – INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Matcha San, Shopify, and their respective affiliates, directors, employees, agents, contractors, licensors, and service providers against all losses, claims, damages, and legal fees incurred due to:
(1) your breach of these Terms;
(2) your violation of laws or third-party rights; or
(3) your access to and use of the Services.
We will notify you of any claim requiring indemnification.
ARTICLE 18 – SEVERABILITY
If any provision of these Terms is deemed unlawful, void, or unenforceable, the remaining provisions remain valid and enforceable to the fullest extent permitted by law.
ARTICLE 19 – WAIVER; ENTIRE AGREEMENT
Failure to enforce any part of these Terms does not constitute a waiver of that right.
These Terms and all related policies constitute the entire agreement between you and us, replacing all prior agreements.
Any ambiguity shall not be interpreted against the drafting party.
ARTICLE 20 – ASSIGNMENT
You may not transfer, assign, or delegate these Terms without our written consent. Any attempt to do so is void.
We may transfer or assign these Terms without your consent.
ARTICLE 21 – GOVERNING LAW
These Terms and all agreements under which we provide Services are governed by the laws and courts of the jurisdiction where Matcha San headquarters are located. You and Matcha Yukari agree to the personal jurisdiction of these courts.
ARTICLE 22 – HEADINGS
Headings are for convenience only and do not affect interpretation.
ARTICLE 23 – CHANGES TO THE TERMS
You may review the most current version of the Terms on this page at any time.
We reserve the right to update or revise any part of these Terms at our discretion. Updates will be posted on our website. It is your responsibility to check for changes.
Material changes will be communicated according to applicable law. Continued use of the Services constitutes acceptance of the updated Terms.
ARTICLE 24 – CONTACT INFORMATION
Questions about the Terms of Service should be directed to info@matchasan.com.
Our contact details:
Matcha San BV
info@machasan.com
Bolderweg 18B13, 1332AV Almere