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TERMS & CONDITIONS

1. GENERAL

1.1 Scope. Welcome to sumiyaki.shop. This Terms & Conditions (“Agreement” or “Terms”) is a contract between you and SUMIYAKI (“SUMIYAKI,” “we”, “us” or “our”), governing your use of our website at sumiyaki.shop (the “Site”) and any other websites, pages, features, or content owned and operated by us that hyperlink to this Agreement (collectively, the “Services”).

By accessing or using the Services in any manner, including, but not to, visiting or browsing the Site, registering an account, or contributing content or other materials to the Site, you expressly understand, acknowledge and agree to be bound by these Terms. You are only authorized to use the Services if you agree to abide by all applicable laws and to these Terms.

In addition, you must read our Privacy & Cookie Policy at any time for more information about how SUMIYAKI collects, stores, and protects your information. Our Privacy & Cookie Policy is hereby incorporated by reference into these Terms & Conditions as though fully set forth herein.

1.2 Updates to the Terms. We reserve the right to modify these Terms, including the Privacy & Cookie Policy, at any time, in our sole discretion. If we modify material terms to this Agreement, such modification will be effective after we send you notice of the amended agreement. Such notice will be in our sole discretion, and the manner of the notification may include, for example, via email or a posted notice on the Site.

Your failure to cease use of the Services after receiving notification of the modification will constitute your acceptance of the modified terms.

1.3 Acceptance of Terms. To shop with us, you need to be at least 16 years old. Any accessing, browsing, or otherwise using the Services indicates your agreement to all the terms and conditions in this Agreement. If you disagree with any part of the Terms then you should immediately discontinue access or use of the Services. Please read this Agreement carefully before proceeding.

If you have any questions, you may contact us anytime at sumiyakixox@gmail.com.

2. USE OF OUR SERVICES

2.1 Representations. When you use our Services, you agree to the processing of the information and details and you state that all information and details provided are true and correspond to reality. You represent and warrant that you are at least 16 years old or visiting the Services under the supervision of a parent or guardian. Subject to the terms and conditions of this Agreement, SUMIYAKI hereby grants you a limited, revocable, non-transferable and non-exclusive license to access and use the Services by displaying it on your internet browser only for the purpose of shopping for personal items sold on the Site and not for any commercial use or use on behalf of any third party, except as explicitly permitted by SUMIYAKI in advance. Any breach of this Agreement shall result in the immediate revocation of the license granted in this paragraph without notice to you.

2.2 Limitations on Use. Except as permitted in the paragraph above, you may not reproduce, distribute, display, sell, lease, transmit, create derivative works from, translate, modify, reverse-engineer, disassemble, decompile or otherwise exploit the Services or any portion of them unless expressly permitted by SUMIYAKI in writing. You may not make any commercial use of any of the information provided on the Services or make any use of the Services for the benefit of another business unless explicitly permitted by SUMIYAKI in advance. SUMIYAKI reserves the right to refuse service, terminate accounts, and/or cancel orders in its discretion, including, without limitation, if we believe that customer conduct violates applicable law or is harmful to our interests.

You shall not upload to, distribute, or otherwise publish through the Services any content, information, or other material that: (a) violates or infringes the copyrights, patents, trademarks, service marks, trade secrets, or other proprietary rights of any person; (b) is libelous, threatening, defamatory, obscene, indecent, pornographic, or could give rise to any civil or criminal liability under local or international law; or (c) includes any bugs, logic bombs, viruses, worms, trap doors, Trojan horses or other code, material or properties which are malicious or technologically harmful.

2.3 Account Creation and Termination. In order to access some features available on the Services, you will have to create an account. You may not use another person’s account. You will be solely responsible for all access to and use of the Services by anyone using the password and identification originally assigned to you whether or not such access to and use of this site is actually authorized by you. You are solely responsible for protecting the security and confidentiality of the password and identification assigned to you. You shall immediately notify SUMIYAKI of any unauthorized use of your password or identification or any other breach or threatened breach of the Site's security.

We may terminate your access to the Services at any time, in our sole discretion, without cause or notice, or if we believe you have breached these Terms.

2.4 Customs. In accordance with Customs regulations, customers must provide valid and accurate data. All consignee names, addresses, and payer's names should be valid. Certain countries request that the consignee submit their ID or passport to clear the package or for payment verification purposes. It is the customer’s sole responsibility for the accuracy of data that they provide to us. Should any information be incorrect and prevent any shipment, delivery, or customs clearance, we will not be held responsible and will not offer any compensation in such cases. As the importer, customers are responsible for complying with all laws and regulations in their own countries.

3. PRIVACY & COOKIE POLICY

When you use our Services and place orders through them, you agree to provide us with your email address, postal address and/or other contact details truthfully and exactly. You also agree that we may use this information to contact you in the context of your order if necessary.

We respect your right to privacy. To see how we collect and use your personal information, please see our Privacy & Cookie Policy.

4. ERRORS

In case you detect that an error occurred when entering your personal data during your registration, you can modify them in the "My Account" section. In any case, you will be able to correct errors related to the personal data provided during the purchase process by contacting us at sumiyakixox@gmail.com.

If you detect an error in your order after the completion of the payment process, you should immediately contact our customer service at sumiyakixox@gmail.com to correct the error.

While SUMIYAKI strives to provide accurate product and pricing information, pricing or typographical errors may occur. SUMIYAKI cannot confirm the price of an item until after you order. In the event that an item is listed at an incorrect price or with incorrect information due to an error in pricing or product information, SUMIYAKI shall have the right, at our sole discretion, to refuse or cancel any orders placed for that item.

5. TRADE RULES

5.1 Price and Payment. All prices are exclusive of applicable taxes, duties, and shipping charges, which will be charged to you separately at the applicable rate.

Prices may change at any time, but (other than as set out above) changes shall not affect the orders for which we have sent an Order Confirmation.

Once you have selected all items you wish to buy, they will be added to your basket. The next step will be to process the order and make the payment. You must follow the steps of the purchase process, indicating or verifying the information requested in each step. You may use, as payment method, the following cards: Visa, Mastercard, American Express, Paypal, etc.

To minimize the risk of non-authorised access, your credit card details will be encrypted. When you click "Authorise Payment", you are confirming that the credit card is yours.

5.2 Colors and Materials. We have made every effort to display, as accurately as possible, the colors and materials of our products that appear on the Services. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor's display of any color will be accurate.

5.3 Packing. Unless otherwise provided, we will comply only with our minimum packing standards for the method of transportation selected.

5.4 Shipping & Delivery. SUMIYAKI ships from Hong Kong. For orders with more than one item, we may split your order into several packages according to stock levels at our own discretion. We aim to deliver orders as quickly as possible. However, sometimes during busy periods, deliveries may take longer. If you have not received your delivery within [e.g., 60 business days], please contact our customer service at sumiyakixox@gmail.com.

5.5 Title and Risk of Loss. Delivery to the carrier shall constitute delivery to the Buyer, and thereafter risk of loss or damage shall pass to the Buyer. Any claim of Buyer relative to damage during shipping or delivery should be made directly to the carrier.

5.6 Returns & Refunds. You have 14 calendar days from the date you receive your item to request a return. We do not offer exchanges.

To initiate a return, please email us at sumiyakixox@gmail.com with your order number and the reason for your return.

  • Eligibility: To be eligible for a refund, your item must be unworn, undamaged, in its original new condition, and returned in all original packaging.

  • Non-Returnable Items: For hygiene and personalization reasons, the following items are final sale and cannot be returned:

    • Earrings (due to hygiene standards)

    • Custom-made or personalized items

    • Items on final sale

  • Return Shipping: The buyer is responsible for all return postage costs. We recommend using a trackable and insured shipping service. The buyer is also responsible for any loss in value if an item is not returned in its original condition.

  • Refused Packages: We do not accept return packages if a shipping fee is requested upon delivery (such as C.O.D.).

  • Refund Process: Once we receive and inspect your return, we will notify you of the approval or rejection of your refund. If approved, your refund (minus original shipping costs and any loss in value) will be processed to your original method of payment.

5.7 Reviews, Comments and Submissions. Except as otherwise provided elsewhere in this Agreement, anything that you submit or post to the Services and/or provide to SUMIYAKI, including, without limitation, pictures, videos, ideas, questions, reviews, and comments (collectively, "Submissions") is and will be treated as non-confidential and nonproprietary. By submitting or posting, you agree to irrevocably license the entry and all IP rights related thereto to SUMIYAKI without charge, and SUMIYAKI shall have the royalty-free, worldwide, perpetual, and transferable right to use, copy, distribute, display, publish, perform, sell, lease, transmit, adapt, and create derivative works from such Submissions.

You warrant that your Submissions are clear and free of any IP right infringement, disputes or third-party claims. You undertake to indemnify SUMIYAKI against any losses caused due to the use of the entries for any purposes.

6. INTELLECTUAL PROPERTY AND OWNERSHIP

6.1 Content. The Site, including all of its information and content, such as text, software, scripts, graphics, photos, sounds, music, videos, and interactive features (collectively, “Content”) provided as part of the Services belong at all times to SUMIYAKI or to those who grant us the license for their use.

6.2 SUMIYAKI Marks. The “SUMIYAKI” trademarks, service marks, icons, graphics, wordmarks, designs, and logos contained therein (“Marks”), are owned by SUMIYAKI. You do not have, and will not acquire, any right, title, or interest in or to any of the Marks.

6.3 Rights Reserved. Content on the Services is provided to you as is for your information only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of SUMIYAKI.

7. THIRD-PARTY LINKS AND RESOURCES

Our Site may contain links to third-party sites that are not owned or controlled by us. We have no control over, assume no responsibility for, and do not endorse or verify the content, privacy policies, or practices of any third-party sites or services.

8. EVENTS BEYOND OUR CONTROL

We will not be liable for any non-compliance or delay in compliance with any of the obligations we assume under the Terms when caused by events that are beyond our reasonable control ("Force Majeure"). Force Majeure shall include any act, event, failure to exercise, omission or accident that is beyond our reasonable control, including, among others, the following:

  • Strike, lockout or other forms of protest.

  • Civil unrest, revolt, invasion, terrorist attack or threat, war.

  • Fire, explosion, storm, flood, earthquake, collapse, epidemic or any other natural disaster.

  • Inability to use trains, ships, aircraft, motorized transport or other means of transport.

  • Inability to use public or private telecommunication systems.

  • Acts, decrees, legislation, regulations or restrictions of any government or public authority.

Our obligations are suspended during the period in which Force Majeure remains in effect, and we will be given an extension of the period in which to fulfil these obligations by an amount of time equal to the time that the situation of Force Majeure lasted.

9. LIABILITY AND WARRANTIES

9.1 Liability. Our liability regarding any product acquired on our website shall be limited strictly to the price of purchase of said product.

9.2 Waiver of Liability. To the extent legally allowed, we shall not accept any liability for the following losses, regardless of their origin:

  • loss of income or sales;

  • operating loss;

  • loss of profits or contracts;

  • loss of forecast savings;

  • loss of data; and

  • loss of business or management time.

9.3 Warranties. All product descriptions, information and materials shown on the Services are provided "as is", with no express or implied warranties or conditions of the same, except those legally established. If you are contracting as a consumer, we are obliged to deliver goods that are in conformity with the contract. The goods are understood to be in conformity if they: (i) comply with the description given by us; (ii) are fit for the purposes for which goods of this kind are normally used; and (iii) show the quality and performance which are normal in goods of the same type.

10. LIMITATION OF LIABILITY

PLEASE READ THIS SECTION CAREFULLY.

BY USING THE SERVICES, YOU ACKNOWLEDGE THAT WE ARE PROVIDING THE SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. SUMIYAKI EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, TITLE, ACCURACY, COMPLETENESS, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

YOU AGREE THAT TO THE MAXIMUM EXTENT PERMITTED BY LAW, SUMIYAKI WILL NOT BE LIABLE TO YOU UNDER ANY THEORY OF LIABILITY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES, LOSS OF PROFITS, BUSINESS INTERRUPTION, REPUTATIONAL HARM, OR LOSS OF DATA ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF, OR INABILITY TO USE, THE SERVICES.

YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SERVICES IS TO CEASE USE OF THE SERVICES.

11. INDEMNIFICATION

You agree to release, indemnify, and defend SUMIYAKI and any subsidiaries, affiliates, related companies, suppliers, licensors and partners, and the officers, directors, employees, agents and representatives of each from all third-party claims and costs (including reasonable attorneys’ fees) arising out of or related to: (1) your use of the Services; (2) your conduct or interactions with other users of the Services; (3) your breach of these Terms.

12. GOVERNING LAW AND DISPUTE RESOLUTION

This Agreement and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the laws of the Hong Kong Special Administrative Region ("Hong Kong").

Any dispute, controversy, difference or claim arising out of or relating to this Agreement, including the existence, validity, interpretation, performance, breach or termination thereof or any dispute regarding non-contractual obligations arising out of or relating to it shall be referred to and finally resolved by arbitration administered by the Hong Kong International Arbitration Centre (HKIAC) under the HKIAC Administered Arbitration Rules in force when the Notice of Arbitration is submitted. The seat of arbitration shall be Hong Kong. The language of arbitration shall be English.

13. LEGAL TERMS

13.1 Assignment. You may not assign or transfer this Agreement without our prior written consent. We may freely assign or transfer this Agreement.

13.2 Entire Agreement; No Waiver. These Terms, together with our Privacy & Cookie Policy, shall constitute the entire agreement between you and us concerning the Services. If any provision of the Terms is found to be unenforceable, then that provision shall not affect the validity of the remaining provisions, which shall remain in full force and effect. No waiver of any term shall be deemed a further or continuing waiver of such term or any other term.

13.3 Interpretation. In construing or interpreting the Terms, headings are for convenience only, and not to be considered.