Terms of service
Terms of Service
OVERVIEW Welcome to moofshop! Throughout the site, the terms “we”, “us” and “our” refer to moofshop. moofshop operates this store and website, providing you with a curated shopping experience (the "Service"), including all information, content, features, tools, products, and services. moofshop is powered by Shopify to provide these Services to you.
The following Terms of Service, along with all policies referenced herein (collectively, the "Terms of Service" or "Terms"), describe your rights and responsibilities when using our Service.
Please read these Terms of Service carefully, as they contain important information regarding your legal rights, including disclaimers of warranties and limitations of liability.
By browsing or interacting with our Service, you agree to be bound by these Terms of Service and our Privacy Policy [LINK]. If you do not agree to these Terms of Service or the Privacy Policy, please do not use or access our Service.
SECTION 1 - ACCESS AND ACCOUNT 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, and that you have given us your consent to allow any of your minor dependents to use this Service through devices you own, purchase, or manage. In using our Service (including accessing our online store or purchasing products/services), you may be asked to provide certain information such as your email address, billing information, payment information, and shipping information. You represent and warrant that all information you provide to our store is accurate, current, and complete, and that you have all necessary rights to provide such information. You are solely responsible for managing your account credentials and for all activities that occur within your account. You may not transfer, sell, assign, or license your account to any other person.
SECTION 2 - OUR PRODUCTS We make every effort to display the products and services on our online store as accurately as possible. However, please understand that colors and the appearance of products on your screen may vary depending on your device type and its settings/configuration. We do not warrant that the appearance or quality of any products or services purchased by you will meet your expectations or be exactly as displayed on the online store. Descriptions of products are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue any product at any time and may limit the quantities of products offered to any person, geographic region, or jurisdiction at our individual discretion.
SECTION 3 - ORDERS Placing an order constitutes an offer to purchase. moofshop reserves the right to accept or refuse your order at our discretion for any reason. An order is not finalized until moofshop confirms acceptance. We must receive and process your payment before accepting an order. Please review your order carefully before confirming. Once an order is accepted, moofshop may not be able to accommodate cancellation requests. If we do not accept, change, or cancel your order, we will attempt to notify you via the email, billing address, and/or phone number provided at the time of the order. Returns or exchanges of your purchases will only be handled in accordance with our Refund Policy [LINK]. You represent and warrant that the products you purchase are for your own personal or household use and are not intended for commercial resale or export.
SECTION 4 - PRICING AND BILLING Prices, discounts, and promotions are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Unless otherwise stated, listed prices do not include taxes, shipping, handling fees, customs duties, or import fees. Prices displayed on our online store may differ from prices offered in physical stores or third-party online stores. We may run promotions from time to time, which may affect pricing and are governed by terms separate from these Terms of Service. In the event of a conflict between promotion terms and these Terms of Service, the promotion terms will prevail. 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. You represent and warrant that: (i) the credit card information you supply to us is true, correct, and complete; (ii) you are duly authorized to use such credit card for the purchase; (iii) charges incurred by you will be honored by your credit card company; and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes.
SECTION 5 - SHIPPING AND DELIVERY We are not responsible for delays in shipping or delivery. Delivery times are estimates only and are not guaranteed. We are not liable for delays caused by carrier delays, customs procedures, or events beyond our control. Title and risk of loss pass to you upon delivery of the products to the carrier.
SECTION 6 - INTELLECTUAL PROPERTY RIGHTS Our Service (including but not limited to trademarks, brands, text, displays, images, graphics, product reviews, video and audio, and the design, selection, and arrangement thereof) is owned by moofshop, its affiliates, or licensors and is protected by Japanese and foreign patent, copyright, and other intellectual property laws. These Terms of Service permit you to use the Service for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the content on our Service without our prior written consent. Except as expressly stated herein, nothing in these Terms shall be construed as conferring any license or other rights to you under any patent, trademark, copyright, or other intellectual property rights of moofshop, Shopify, or any third party. Unauthorized use of the Service may violate intellectual property laws. All rights not expressly granted in these Terms are reserved by moofshop. The moofshop name, logo, product and service names, designs, and slogans are trademarks of moofshop or its affiliates or licensors. You must not use such marks without the prior written permission of moofshop. The Shopify name, logo, product and service names, designs, and slogans are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans on the Service are the trademarks of their respective owners.
SECTION 7 - OPTIONAL TOOLS We may provide you with access to third-party tools which we neither monitor nor have any control or input over. 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 Service (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS Certain content, products, and services available via our Service may include materials from third parties or hyperlinks to third-party websites (including embedded third-party features). 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. Accessing these materials or third-party sites is at your own risk. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, 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.
SECTION 9 - RELATIONSHIP WITH SHOPIFY moofshop is powered by Shopify to provide the Service to you. However, every purchase and sale you make at our store is directly between you and moofshop. By using the Service, you acknowledge and agree that Shopify is not responsible for any aspect of the purchase and sale between you and moofshop, including any damages or injuries resulting from products or services purchased. You expressly release Shopify and its affiliates from all claims, damages, and liabilities arising out of or related to your purchases and transactions with moofshop.
SECTION 10 - PRIVACY POLICY All personal information we collect through the Service is subject to our Privacy Policy (available here: [LINK]). Additionally, some personal information may be subject to Shopify's Privacy Policy. By using the Service, you acknowledge that you have read these privacy policies. Because the Service is hosted by Shopify, Shopify collects and processes personal information regarding your access to and use of the Service to provide and improve the Service. Information you submit to the Service will be shared with and transmitted to Shopify and third parties, which may be located outside of your country of residence, to provide the Service to you. For more information on how we, Shopify, and partners use your personal information, please visit our Privacy Policy [LINK].
SECTION 11 - FEEDBACK If you submit, upload, post, email, or otherwise transmit ideas, suggestions, feedback, reviews, proposals, plans, or other content (collectively, "Feedback"), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute, and display the Feedback for any purpose, including commercial use. For example, we may use these rights to operate, provide, evaluate, enhance, and promote our Service and to perform our obligations and exercise our rights under these Terms. You also represent and warrant that: (i) you own or have all necessary rights to the Feedback; (ii) you have disclosed any compensation or incentives received in connection with the Feedback; and (iii) the Feedback complies with these Terms of Service. We are under no obligation (1) to maintain any Feedback in confidence; (2) to pay compensation for any Feedback; or (3) to respond to any Feedback. We may, but have no obligation to, monitor, edit, or remove Feedback 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 Feedback 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 Feedback 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 Feedback. You are solely responsible for any Feedback you make and their accuracy. We take no responsibility and assume no liability for any Feedback posted by you or any third party.
SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS Occasionally there may be information on our 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 is inaccurate at any time without prior notice (including after you have submitted your order).
SECTION 13 - PROHIBITED USES You shall access and use the Service for lawful purposes only. You may not, directly or indirectly, access or use the Service: (a) for any unlawful or malicious purpose; (b) to violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances; (c) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate against our employees or any other person; (e) to submit false or misleading information; (f) to send, receive, upload, download, use, or re-use any material that does not comply with these Terms of Service; (g) to send or procure the sending of any advertising or promotional material (including "junk mail," "chain letters," "spam," or any other similar solicitation); (h) to impersonate or attempt to impersonate us or any other person or entity; (i) to engage in any conduct that restricts or inhibits anyone's use or enjoyment of the Service, or which, as determined by us, may harm moofshop, Shopify, or users of the Service or expose them to liability. Additionally, you agree not to: (a) 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; (b) reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service; (c) collect or track the personal information of others; (d) spam, phish, pharm, pretext, spider, crawl, or scrape; (e) interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to suspend, disable, or terminate your account for violating any of the prohibited uses.
SECTION 14 - TERMINATION We may terminate this agreement or your access to the Service (or any part thereof) at any time without notice and at our sole discretion, and you will remain liable for all amounts due up to and including the date of termination. The following sections will survive termination: Intellectual Property Rights, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver, Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions which by their nature should survive termination.
SECTION 15 - DISCLAIMER OF WARRANTIES The information presented on or through the Service is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Service, or by anyone who may be informed of any of its contents. Except as expressly stated by moofshop, the Service and all products delivered to you through the Service are 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. We do not guarantee, represent, or warrant that your use of our Service will be uninterrupted, timely, secure, or error-free. Because some jurisdictions do not allow the exclusion of implied warranties, the above exclusion of implied warranties may not apply to you.
SECTION 16 - LIMITATION OF LIABILITY To the maximum extent permitted by law, in no case shall moofshop, our partners, directors, officers, employees, affiliates, agents, contractors, service providers, or licensors, nor Shopify and its affiliates, 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 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 product), 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.
SECTION 17 - INDEMNIFICATION You agree to indemnify, defend, and hold harmless moofshop, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any loss, damage, liability, or claim (including reasonable attorneys’ fees) made by any third party due to or arising out of: (1) your breach of these Terms of Service or the documents they incorporate by reference; (2) your violation of any law or the rights of a third party; or (3) your access to or use of the Service. We will notify you of any claim for which indemnification is sought; however, failure to provide prompt notice will not relieve you of your indemnification obligations unless you are materially prejudiced by such failure. We may control the defense and settlement of any such claim at your expense, including the selection of counsel; provided, however, that we will not enter into any settlement that imposes non-monetary obligations on you without your consent (which shall not be unreasonably withheld). You shall cooperate in the defense of any indemnified claim, including providing relevant materials.
SECTION 18 - 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.
SECTION 19 - WAIVER AND 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.
SECTION 20 - ASSIGNMENT You may not delegate, assign, transfer, or sublicense this agreement or any of your rights or obligations under these Terms of Service without our prior written consent. Any such attempt will be void. We may assign, transfer, or delegate these Terms of Service and our rights and obligations without your consent or notice.
SECTION 21 - GOVERNING LAW These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Japan. Any disputes arising in connection with these Terms of Service shall be subject to the exclusive jurisdiction of the Sapporo District Court in the first instance.
SECTION 22 - HEADINGS The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 23 - 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. We will notify you of material changes to these Terms of Service in accordance with applicable law, and those changes will be effective as of the date stated in the notice. Your continued use of or access to the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 24 - CONTACT INFORMATION Questions about the Terms of Service should be sent to us at moofshop@gmail.com. Our contact information is as follows: Clover LLC moofshop@gmail.com #101, 3-3-9, Higashisapporo 3-jo, Shiroishi-ku, Sapporo, Hokkaido 003-0003, Japan +81-80-5581-8058