Terms of service

OVERVIEW

This website (https://kocol.shop/, hereinafter referred to as "Website”) is operated by CREAERA Inc., a Japanese corporation, which operates kocol, an online shop (. The following terms and conditions (“Terms”) set forth the conditions for the use of the Service and shall apply to all users of the Service. Throughout these Terms, the terms “we,” “us,” and “our” refer to CREAERA Inc. We offer the Service, including all information, tools, and services available from this Website to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.

These Terms set forth the conditions for the use of the Service. By visiting our Website and/or purchasing something from us, you engage in the Service and agree to be bound by these Terms, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms apply to all users of the Website, including, without limitation, browsers, vendors, customers, merchants, and/or content contributors.

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

Any new features or tools added to the Service shall also be subject to these Terms. Your continued use of or access to the Website following the posting of any changes constitutes acceptance of those changes.

The Service is hosted on Shopify Inc., which provides us with the online e-commerce platform that allows us to sell our products to you.

SECTION 1 - ONLINE STORE TERMS

By agreeing to these Terms, you represent that you are at least the age of majority in your state of residence, or that you are at the age of majority in your state of residence and you have given us your consent to allow any of your minor dependents to use this Website. You may not use our Service 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.

Any breach or violation of these Terms will result in an immediate termination of your access to the Service.

SECTION 2 - GENERAL CONDITIONS

We reserve the right to refuse to provide the Service to anyone for any reason at any time. You understand that your content (not including credit card information), may be transferred unencrypted and may involve (a) transmissions over various networks; and (b) changes to conform and adapt to the 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 these Terms are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 - REGISTRATION

Registration for use of the Service is deemed complete when you agree to these Terms and submit a registration application in the manner specified by us, and receive notification of our approval.

We reserve the right to reject any application for registration at our sole discretion if we determine that any of the following reasons apply. We are under no obligation to disclose the reasons for such rejection.

  1. False or inaccurate information was provided in the registration application.
  2. You have violated these Terms.
  3. We otherwise deem the registration to be inappropriate.

SECTION 4 – USER ID AND PASSWORD

You shall be responsible for managing your user ID and password associated with the Service at your own risk.

Under no circumstances shall you transfer, lend, or share your user ID or password with any third party. If login is performed using a combination of user ID and password that matches the registered information, such access will be deemed to have been made by the registered user.

We shall not be liable for any damage resulting from the use of a user ID and password by a third party, except in cases where such damage results from our willful misconduct or gross negligence.

SECTION 5 – SALES CONTRACT

A sales contract is deemed to have been duly formed when you submit a purchase order for a product through the Service and we send a notification accepting such an order.

Ownership of the product shall be transferred to you at the time we hand over such a product to the delivery carrier.

We reserve the right to cancel the sales contract described above without prior notice if any of the following circumstances apply:

  1. You have violated these Terms.
  2. Delivery of the product cannot be completed due to an unknown delivery address or prolonged absence of the recipient.
  3. We reasonably determine that the relationship of trust between you and us has been compromised.

Payment methods, shipping procedures, cancellation of purchase requests, returns, and other matters related to the Service shall be governed by the methods separately specified by us.

SECTION 6 – INTELLECTUAL PROPERTY RIGHTS

All copyrights and other intellectual property rights pertaining to product images and other content or information provided through the Service shall remain exclusively owned by us or other rightful owners, such as content providers. You agree not to reproduce, reprint, modify, or otherwise engage in any secondary use without prior authorization from the rights holder.

SECTION 7 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible for the accuracy, completeness, or timeliness of any information made available on this Website. The information on this Website is provided for general information purposes only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, complete, or timely sources of information. Any reliance on the material on this Website is at your own risk.

This Website may contain certain historical information. Such historical information is not necessarily current and is provided for your reference purposes only. We reserve the right to modify the information contained on this Website at any time, but we are under no obligation to update any information on the Website. You agree that it is your responsibility to monitor changes to our Website.

SECTION 8 - MODIFICATIONS TO THE SERVICE

 We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) at any time, without prior notice.

We shall not be liable to you or any third party for any modification, suspension, or discontinuation of the Service.

SECTION 9 - PRODUCTS

Our products are available exclusively online through the Website. These products may have limited quantities and are subject to return or exchange only according to our Refund Policy. To view our Refund  Policy, please visit [LINK TO REFUND POLICY]

We have made every effort to display the colors and images of the products available through the Service as accurately as possible. However, we cannot guarantee that the display of any colour on your computer monitor will be accurate.

We reserve the right but are not obligated to limit the sales of our products 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 that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue the sales of any product at any time. Any offer or order for any product made on this Website is void where prohibited.

We make no warranty 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.

SECTION 10 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any purchase order you place with us. 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 the Service. 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.

SECTION 11 - OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control or 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 any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Additionally, you agree that we are not responsible for any issues arising from the use of third-party services, including but not limited to payment tools, shipping services, or tax processing services that are not operated by us. You are responsible for reviewing and agreeing to the terms and conditions of each third-party service provider before using their services.

SECTION 12 - THIRD-PARTY LINKS

Third-party links on this Website may direct you to websites that are not affiliated with us. We are not responsible for reviewing or evaluating the content or accuracy of these third-party websites. We do not warrant, and shall not be held liable for, any third-party websites or their content.

We are not liable for any harm or damage arising from 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 should be directed to the third party.

SECTION 13 - 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 impressions, opinions, 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 under no obligation to: (1) maintain any comments in confidence; (2) pay compensation for any comments; or (3) respond to any comments.

We may but are not obligated to, monitor, edit or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or violates any party’s intellectual property or these Terms.

You guarantee that your comments will not violate any right of any third party, including copyright, trademark, privacy, personality or other personal or proprietary rights. 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 email address, impersonate someone else, 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.

SECTION 14 - PERSONAL INFORMATION

Your submission of personal information through the Service is governed by our Privacy Policy. By submitting your personal information, you shall consent to our use and treatment of your personal information in accordance with our Privacy Policy. To view our Privacy Policy, please see [LINK TO PRIVACY POLICY].

SECTION 15 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our Website or on 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 on the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We are under 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 update or refresh date specified 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.

SECTION 16 - PROHIBITED USES

In addition to other prohibitions as set forth in these Terms, you are prohibited from using the Website or its content for the following purposes: (a) any unlawful purpose; (b) soliciting others to perform or participate in any unlawful acts; (c) violating any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) infringing upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harassing, abusing, insulting, harming, defaming, slandering, disparaging, intimidating, or discriminating based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) submitting false or misleading information; (g) uploading 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; (h) collecting or tracking the personal information of others; (i) spamming, phishing, pharming, pretexting, spidering, crawling, or scraping; (j) engaging in any obscene or immoral purpose; or (k) interfering with or circumventing 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.

SECTION 17 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent, or warrant that your use of the Service will be uninterrupted, timely, secure, or error-free. We do not guarantee 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 giving 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 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 we, 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 any of the Service or any products procured using the Service. Nor shall we be liable for any other claim related in any way to your use of the Service or any products, 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 jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 18 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless us, along with our parent company, 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 or the documents they incorporate by reference, or your violation of any law or the rights of a third party.

SECTION 19 - SEVERABILITY

If any provision of these Terms 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. The determination of such unenforceability shall not affect the validity and enforceability of the remaining provisions.

SECTION 20 - TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of these Terms for all purposes.

These Terms are effective unless and until terminated by either you or us. You may terminate these Terms at any time by notifying us that you no longer wish to use the Service, or when you cease using our Website.

If in our sole judgment, you fail or we suspect that you have failed, to comply with any term or provision of these Terms, we may terminate these Terms 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 the Service (or any part thereof).

SECTION 21 - COMPLETE STATEMENT OF TERMS

The failure of us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

These Terms and any policies or operating rules posted by us on the Website or in relation to the Service, constitute the entire agreement and understanding between you and us and govern your use of the Service. This supersedes 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).

Any ambiguities in the interpretation of these Terms shall not be construed against us.

SECTION 22 - GOVERNING LAW

These Terms and any separate agreements whereby we provide you with the Service shall be governed by and construed in accordance with the laws of Japan.

For users located within the United States, you are responsible for complying with the laws and regulations of your state of residence.

SECTION 23 - CHANGES TO TERMS

You can review the current version of these Terms at any time on this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms 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 constitutes acceptance of those changes.

SECTION 24 - CONTACT INFORMATION

For any questions regarding these Terms, please contact us at info@kocol.shop.