Terms Of Service

Overview

In the entirety of the website, the terms "we," "us," and "our" pertain to HatsuNeko. HatsuNeko provides this website, encompassing all information, tools, and services available herein, to you, the user, contingent upon your acceptance of all terms, conditions, policies, and notices articulated herein.

By accessing our site and/or making a purchase from us, you are participating in our "Service" and consenting to abide by the ensuing terms and conditions ("Terms of Service", "Terms"), encompassing any additional terms, conditions, and policies referenced herein and/or accessible via hyperlink. These terms of service are applicable to all users of the site, including but not limited to browsers, vendors, customers, merchants, and content contributors.

Kindly review these terms of service attentively before accessing or utilizing our website. By accessing or using any portion of the site, you consent to be bound by these terms of service. If you do not agree to all the terms and conditions outlined in this agreement, you are not permitted to access the website or utilize any of its services. If these terms of service be construed as an offer, acceptance is explicitly restricted to these terms of service.

Any new features or tools added to the existing store will also be governed by the terms of service. You may review the most up-to-date version of the terms of service on this page at any time. We retain the right to update, modify, or replace any portion of these terms of service by posting updates and/or changes to our website. It is your responsibility to periodically check this page for any alterations. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Section 1 - Online Store Terms

By accepting these terms of service, you confirm 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 have provided consent for any of your minor dependents to use this site.
You are prohibited from utilizing our products for any illegal or unauthorized purposes, and you must not, while using the Service, contravene any laws in your jurisdiction (including, but not limited to, copyright laws).
You are forbidden from transmitting any worms, viruses, or any code of a harmful nature.

A breach or violation of any of the Terms will lead to an immediate termination of your Services.

Section 2 - General Conditions

We retain the right to decline service to any individual for any reason. You understand that your content (excluding credit card details) may be transmitted unencrypted, involving:

a) transmissions across various networks;
b) modifications to conform and adapt to technical prerequisites of interconnected networks or devices. Credit card information is always encrypted during transmission over networks.

You consent not to replicate, duplicate, copy, sell, resell, or exploit any part of the Service, utilization of the Service, or access to the Service, or any contact on the website via which the service is rendered, without explicit written permission.

Section 3 - Accuracy, Completeness And Timeliness Of Information

We shall not be held accountable if the information presented on this site is inaccurate, incomplete, or not up-to-date. The content on this site is intended for general informational purposes only and should not be solely relied upon or used as the exclusive basis for making decisions without consulting primary, more accurate, complete, or timely sources of information. Any reliance on the material provided on this site is done at your own risk.

This site might include certain historical information. Historical information, by its nature, may not be current and is offered solely for your reference. We retain the right to alter the contents of this site at any time, though we are not obligated to update any information on our site. You agree that it is your responsibility to keep monitor changes to our site.

Section 4 - Modifications To The Service And Prices

Prices of our products may change without prior notice. We reserve the right to modify or discontinue the Service (or any part or content thereof) at any time without notice.

We are not liable to you or any third party for any modifications, price changes, suspensions, or discontinuations of the Service.

Section 5 - Products Or Services (if applicable)

Some products or services may be exclusively available online via the website. These products or services may have limited quantities and are eligible for return or exchange only in accordance with our return policy.

We have endeavored to present the colors and images of our products at the store as accurately as possible. However, we cannot guarantee that your computer monitor will accurately display any color.

We retain the right, though not the obligation, to restrict the sale of our products or services to any individual, geographic area, or jurisdiction. We may utilize this right on a case-by-case basis. Additionally, we reserve the right to limit the quantities of any products or services offered. Descriptions of products or product pricing are subject to change at any time without notice, solely at our discretion. We also reserve the right to discontinue any product at any time. Any offer for any product or service on this site is void where prohibited.

We do not guarantee that the quality of any products, services, information, or other materials purchased or obtained by you will meet your expectations, nor do we guarantee that any errors in the Service will be corrected.

Section 6 - Accuracy Of Billing And Account Information

We retain the right to reject any order you make with us. We may, at our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These limitations may extend to orders placed under the same customer account, using the same credit card, or with identical billing and/or shipping addresses. If we decide to change or cancel an order, we may attempt to inform you by contacting the email and/or billing address/phone number provided at the time the order was placed. We also reserve the right to restrict or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.

You consent to furnish current, accurate, and complete purchase and account details for all transactions conducted at our store. You also agree to promptly update your account and other information, including your email address, credit card numbers, and expiration dates, to ensure the completion of your transactions and our ability to contact you as necessary.

Section 7 - Third-Party Links

Certain content, products, and services accessible through our service may incorporate materials from third parties. Third-party links on this site may redirect you to websites that are independent of ours. We do not undertake the examination or assessment of the content or accuracy of these third-party materials, and we do not guarantee or assume any liability for them. Furthermore, we disclaim responsibility for any other materials, products, or services provided by third parties. We are not accountable for any harm or damages arising from the purchase or use of goods, services, resources, content, or any other transactions conducted via third-party websites. Prior to engaging in any transaction, please carefully review the policies and practices of the third party and ensure your understanding of them. Any complaints, claims, concerns, or inquiries regarding third-party products should be addressed directly to the third party.

Section 8 - User Comments, Feedback And Other Submissions

If, upon our request or without any solicitation from us, you submit certain specific materials or, without our request, provide creative ideas, suggestions, proposals, plans, or other content, whether via online means, email, postal mail, or otherwise (collectively referred to as 'comments'), you agree that we may, at any time and without restriction, edit, copy, publish, distribute, translate, and otherwise utilize in any medium any comments forwarded to us. We are not obligated to:

keep any comments confidential;
provide compensation for any comments;
respond to any comments.

We reserve the right, but are not obligated, to monitor, edit, or remove content that, in our sole discretion, we deem to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable, or that violates any party’s intellectual property or these terms of service.

You agree that your comments will not infringe upon any rights of third parties, including copyright, trademark, privacy, personality, or any other personal or proprietary rights. You further agree that your comments will not include defamatory or otherwise unlawful, abusive, or obscene material, nor will they contain any computer virus or other malware that could disrupt the operation of the Service or any associated website. You are prohibited from using a fictitious email address, impersonating someone other than yourself, or misleading us or third parties regarding the origin of any comments. You bear full responsibility for the accuracy of any comments you make. We disclaim any responsibility and assume no liability for any comments posted by you or any third party.

Section 9 - Personal Information

Your provision of personal information through the store is regulated by our Privacy Policy. Please refer to our Privacy Policy for more information.

Section 10 - Intellectual Property And Ownership

You acknowledge and agree that all copyright, registered trademarks, and other intellectual property rights on all materials or content provided as part of the website belong to us at all times or to those who have granted us the license for their use. You may only use such material to the extent expressly authorized by us or the licensers of such usage. This does not prohibit you from using this website to the extent necessary to copy information regarding your order or contact details. No use of these marks may be made without the prior written authorization of HatsuNeko, except as necessary to accurately identify the products or services of HatsuNeko.

Section 11 - Errors, Inaccuracies And Omissions

At times, there might be information on our site or within the Service that contains typographical errors, inaccuracies, or omissions related to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. We retain the right to rectify any errors, inaccuracies, or omissions, and to modify or update information, or cancel orders if any information in the Service or on any associated website is found to be inaccurate at any time without prior notice (even after you have submitted your order).

We undertake no obligation to updating, amending, or clarifying information in the Service or on any associated website, including, but not limited to, pricing information, unless required by law. The absence of a specified update or refresh date in the Service or on any related website should not be interpreted as an indication that all information in the Service or on any related website has been revised or updated.

Section 12 - Events Beyond Our Control

We shall not be held liable for any failure to comply with or delay in compliance with any obligations we undertake under a Contract due to events beyond our reasonable control ("Force Majeure"). Force Majeure includes any act, event, failure to perform, omission, or accident that is beyond our reasonable control, including, but not limited to, the following:

Strikes, lockouts, or other forms of labor disputes.
Civil unrest, rebellion, invasion, terrorist attack, or threat of terrorist attack, war (declared or not), or threat or preparation for war.
Fire, explosion, storm, flood, earthquake, subsidence, epidemic, or any other natural disaster.
Inability to use trains, ships, aircraft, motorized transport, or other means of transportation, whether public or private.
Inability to use public or private telecommunication networks.
Acts, decrees, legislation, regulations, or restrictions of any government or public authority.
Strikes, failures, or accidents in maritime or river transport, postal transport, or any other form of transport.

It is hereby acknowledged that our obligations arising from Contracts are suspended for the duration of the Force Majeure event, and we shall be granted an extension of time equal to the duration of the Force Majeure event to fulfill these obligations. We will make every reasonable effort to resolve the Force Majeure situation or to find a solution that allows us to fulfill our obligations under the Contract despite the Force Majeure circumstances.

Section 13 - Prohibited Uses

In addition to other prohibitions outlined in the terms of service, you are forbidden from utilizing the site or its content:

for any unlawful purpose;
to solicit others to engage in unlawful acts;
to violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances;
to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
to engage in harassment, abuse, insults, harm, defamation, slander, disparagement, intimidation, or discrimination based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
Acts, decrees, legislation, regulations, or restrictions of any government or public authority.
to provide false or misleading information;
to upload or transmit viruses or any other form of malicious code that could disrupt the functionality or operation of the Service, related websites, other websites, or the Internet;
to gather or track the personal information of others;
to engage in spamming, phishing, pharming, pretexting, spidering, crawling, or scraping;
for any obscene or immoral purpose;
to interfere with or bypass the security features of the Service, related websites, other websites, or the Internet.

We retain the right to cease your usage of the Service or any associated website if you violate any of the prohibited uses.

Section 14 - Disclaimer Of Warranties; Limitation Of Liability

We cannot guarantee, represent, or warrant that your use of our service will be uninterrupted, timely, secure, or error-free.

We do not guarantee that the results obtained from using the service will be accurate or reliable. You agree that we may remove the service for indefinite periods or cancel it at any time without prior notice to you.

You explicitly agree that your use of, or inability to use, the service is solely at your own risk. The service, along with all products and services delivered to you through the service, are provided "as is" and "as available," except as expressly stated by us, without any representations, warranties, or conditions of any kind, whether express or implied. This includes all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

Under no circumstances shall HatsuNeko, 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, but not limited to, 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 through 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 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.

Section 15 - Liability And Waiving Liability, Statutory Consumer Rights

Unless expressly indicated otherwise in these Conditions, our liability for any product purchased on our website shall be strictly limited to the purchase price of that product. However, our liability will not be waived or limited in the following cases:

In the event of death or personal injury caused by our negligence;
In the case of fraud or fraudulent misrepresentation;
In any case where it would be unlawful or illegal to exclude, limit, or attempt to exclude or limit our liability.

Despite the preceding paragraph, and to the extent permitted by law, and unless otherwise specified in these Conditions, we will not be liable for the following losses, regardless of their cause:

loss of income or sales;
operating loss;
loss of profits or contracts;
loss of forecast savings;
loss of data;
loss of business or management time.

Due to the open nature of this website and the potential for errors in the storage and transmission of digital information, we do not guarantee the accuracy and security of information transmitted or obtained through this website unless expressly indicated otherwise. All product descriptions, information, and materials presented on this website are provided "as is," with no express or implied warranties or conditions, except as legally mandated. In this regard, if you are contracting as a consumer or user, we are obligated to provide goods that conform to the Contract and are liable to you for any lack of conformity present at the time of delivery. It is understood that the goods conform to the Contract if they:

Match the description provided by us and possess the qualities presented on this website;
Are suitable for the purposes for which goods of this kind are commonly used;
Demonstrate the quality and performance typical of goods of the same type and which can reasonably be expected.

To the extent permitted by law, we exclude all warranties and conditions (whether express or implied), except those that may not be legitimately excluded.

Section 16 - Indemnification

You agree to indemnify, defend, and hold harmless HatsuNeko, our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees 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.

Section 17 - Severability

If any provision of these terms of service is found 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 severed from these terms of service. Such determination shall not affect the validity and enforceability of any other remaining provisions.

Section 18 - Termination

The obligations and liabilities of the parties that arose before the termination date shall continue to survive after the termination of this agreement for all purposes.

These terms of service remain effective until terminated by either you or us. You can terminate these terms of service at any time by informing us that you no longer wish to use our Services, or by discontinuing the use of 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 may also terminate this agreement at any time without notice. In such a case, you will remain liable for all amounts due up to and including the date of termination, and/or we may deny you access to our Services (or any part thereof) accordingly.

Section 19 - 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, along with any policies or operating rules posted by us on this site or in respect to The Service, constitute the entire agreement and understanding between you and us. They 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 - Changes To Terms Of Servic

The latest version of the terms of service is always accessible on this page. We hold the exclusive right to modify, alter, or amend any segment of these terms of service by publishing updates and modifications on our site. You are obliged to periodically review our website for any changes. By persisting in using or accessing our website or service after any amendments to these terms of service are posted, you agree to accept those amendments.