Terms of service

Overview
Welcome to CULTURE SUPPLY. "We", "us" and "our" refer to CULTURE SUPPLY. CULTURE SUPPLY operates this store and website, offering you a curated shopping experience, including all related information, content, features, tools, products and services (the "Services"). CULTURE SUPPLY is powered by Shopify, which enables us to provide the Services to you.

The following Terms of Service and all policies referenced herein (the "Terms of Service" or the "Terms") set out your rights and responsibilities when you use the Services.

Please read these Terms of Service carefully, as they contain important information about your legal rights and include disclaimers of warranties and limitations of liability.

By browsing or interacting with our Services, you agree to these Terms of Service and to our Privacy Policy. If you do not agree to these Terms of Service or to our Privacy Policy, you must not use or access our Services.

Section 1 - Access and Accounts
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your country or region of residence, and that you have given us your consent to allow any minor dependent of yours to use the Services through a device that you own, purchase or manage.
In order to use our Services (including accessing or browsing our online store, or purchasing the products or services we offer), you may be asked to provide certain information, such as your email address, billing details, payment details and shipping details. You represent and warrant that all information you provide to our store is accurate, current and complete, and that you have all rights necessary to provide that information.
You are solely responsible for maintaining your account credentials and for all activity that occurs under 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 our products and services as accurately as possible in our online store. However, please note that the colours displayed on your screen and the appearance of the products may differ from the actual products, depending on the type, settings and configuration of your device.
We do not warrant that the appearance or quality of any product or service you purchase will meet your expectations, or that it will be as displayed in our online store.
Product descriptions may be changed at any time at our discretion, without notice. We reserve the right to discontinue any product at any time, and we may, at our sole discretion, limit the quantities of any products we offer to any person, region or jurisdiction.

Section 3 - Orders
Placing an order means making an offer to purchase. CULTURE SUPPLY reserves the right to accept or decline your order at its discretion, for any reason. Your order is not formed until CULTURE SUPPLY confirms its acceptance. We must receive and process your payment before we accept your order. Please review your order carefully before confirming it. Once your order has been accepted, CULTURE SUPPLY may be unable to accommodate a request to cancel it. If we do not accept your order, change it or cancel it, we will endeavour to notify you by contacting the email address, billing address and/or telephone number you provided when placing the order.
Returns or exchanges of your purchases will be accepted only in accordance with our Refund Policy.
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 - Prices and Billing
Prices, discounts and promotions are subject to change without notice. The price of a product or the fee for a service is the price in effect at the time you place your order, and will be stated in your order confirmation email. Prices displayed are inclusive of consumption tax. Shipping charges are payable in addition.
Prices displayed in our online store may differ from prices offered in physical stores, or in online stores or other outlets operated by third parties. We may run promotions in relation to the Services from time to time; these promotions may affect prices and are governed by terms separate from these Terms of Service. Where there is a conflict between the terms of a promotion and these Terms of Service, the terms of the promotion will prevail.
You agree to provide current, complete and accurate purchase, payment and account information for all purchases made at our store. You agree to promptly update your account information and other information, including your email address, credit card number and expiry date, so that we can complete your transactions and contact you as needed.
You represent and warrant that: (i) the credit card information you supply is true, accurate and complete; (ii) you are duly authorised to use that credit card for the purchase; (iii) the charges you incur will be honoured by your credit card company; and (iv) you will pay the charges incurred at the posted prices, including shipping charges, fees and all applicable taxes.

Section 5 - Shipping and Delivery
We are not responsible for delays in shipping and delivery. Delivery times are estimates only and are not guaranteed. We are not liable for delays caused by the carrier, or for delays arising from causes beyond our control. Title and risk of loss pass to you at the time the products are handed over to the carrier.

Section 6 - Intellectual Property Rights
Our Services (including, but not limited to, trademarks, brands, text, displays, images, graphics, product reviews, video and audio, and the design, selection and arrangement thereof) belong to CULTURE SUPPLY and its affiliates or licensors, and are protected by patent, copyright and other intellectual property laws in Japan and other countries.
These Terms of Service permit you to use the Services 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 content on the Services without our prior written consent. Except as expressly stated in these Terms, nothing in these Terms shall be construed as granting you any licence or other right under any patent, trademark, copyright or other intellectual property right of CULTURE SUPPLY, Shopify or any third party. Unauthorised use of the Services may violate intellectual property laws in Japan and other countries. All rights not expressly granted in these Terms are reserved to CULTURE SUPPLY.
The CULTURE SUPPLY name, logo, product and service names, designs and slogans are trademarks of CULTURE SUPPLY or its affiliates or licensors. You must not use these trademarks without the prior written permission of CULTURE SUPPLY. 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 Services are the trademarks of their respective owners.

Section 7 - Optional Tools
You may be provided with access to customer tools provided by third parties as part of the Services, which we neither monitor nor have any control over or input into.
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 out of or relating to your use of optional third-party tools.
Any use by you of the optional tools offered through our site is entirely at your own risk and discretion, and you should ensure that you are familiar with, and agree to, the terms on which such tools are provided by the relevant third party.
We may in the future offer new features through our Services (including the release of new tools and resources). Such new features shall also be deemed part of the Services and shall be subject to these Terms of Service.

Section 8 - Third-Party Links
The Services may contain materials from, and hyperlinks to, websites provided or operated by third parties (including cases where third-party functionality is embedded). We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites you access. If you leave the Services to access such materials or third-party sites, you do so at your own risk.
We are not liable for any harm or damages arising in connection with your access to any third-party website, or with the purchase or use of any products, services, resources or content on any third-party website. Please review the third party's policies and practices carefully and make sure you understand them before you enter into any transaction. Any complaints, claims, concerns or questions regarding third-party products or services should be directed to the third party.

Section 9 - Relationship with Shopify
CULTURE SUPPLY is powered by Shopify, which enables us to provide the Services to you. However, all sales and purchases made at our store are made directly with CULTURE SUPPLY. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of the sale or purchase between you and CULTURE SUPPLY (including any damage or injury arising out of the products or services purchased). You expressly release Shopify and its affiliates from any and all claims, damages and liability arising out of or relating to your purchases and dealings with CULTURE SUPPLY.

Section 10 - Privacy Policy
All personal information we collect through the Services is subject to our Privacy Policy. Some personal information may also be subject to Shopify's privacy policy (https://www.shopify.com/legal/privacy/app-users). By using the Services, you acknowledge that you have read these privacy policies.
Because the Services are hosted by Shopify, Shopify collects and processes personal information about your access to and use of the Services in order to provide and improve the Services for you. Information you submit to the Services may be shared with and transmitted to Shopify and third parties that may be located outside your country of residence, and will be used to provide the Services to you. For more information about how we, Shopify and our partners use your personal information, please see our Privacy Policy.

Section 11 - Feedback
If you submit, upload, post, email or otherwise send any ideas, suggestions, feedback, reviews, proposals, plans or other content (collectively, "Feedback"), you are deemed to grant us a perpetual, worldwide, sublicensable, royalty-free licence to use, reproduce, modify, publish, distribute and display the Feedback for any purpose, including commercial purposes. For example, we may use the rights granted under this licence to operate, provide, evaluate, enhance, improve and promote the Services, and to perform our obligations and exercise our rights under these Terms of Service.
You further represent and warrant that: (i) you own all rights in the Feedback or otherwise have all necessary rights; (ii) you have disclosed any compensation or incentives received in connection with your submission of the Feedback; and (iii) the Feedback complies with these Terms of Service. We are under no obligation: (1) to maintain your Feedback in confidence; (2) to pay any compensation for Feedback; or (3) to respond to Feedback.
We may, but are under no obligation to, monitor, edit or remove any Feedback that we determine in our sole discretion to be unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable, or that infringes any third party's intellectual property rights or these Terms of Service.
You agree that your Feedback will not infringe any right of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights. You further agree that your Feedback will not contain libellous or otherwise unlawful, abusive or obscene material, and will not contain any computer virus or malware that could affect the operation of the Services or any related website. You may not use a false email address, impersonate any other person, or otherwise mislead us or any third party as to the origin of any Feedback. You are solely responsible for any Feedback you make and for its accuracy. We take no responsibility and assume no liability for any Feedback posted by you or by any third party.

Section 12 - Errors, Inaccuracies and Omissions
There may be information on or within the Services that contains typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, offers, shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information, or to cancel orders (even after you have submitted your order) without prior notice, if any information is inaccurate.

Section 13 - Prohibited Uses
You may access and use the Services for lawful purposes only. You must not, directly or indirectly, access or use the Services: (a) for any unlawful or malicious purpose; (b) in breach of any law or regulation in Japan or any other country; (c) to infringe or violate our intellectual property rights or those of any third party; (d) to harass, abuse, insult, defame, slander, disparage, intimidate or otherwise harm our employees or any other person; (e) to submit false or misleading information; (f) to transmit, receive, upload, download, use or re-use any material that does not comply with these Terms of Service; (g) to send, or arrange the sending of, any advertising or promotional material (including "junk mail", "chain letters", "spam" or any similar solicitation); (h) to impersonate or attempt to impersonate any person or entity; or (i) to restrict or inhibit anyone's use or enjoyment of the Services, or to act in any way that, in our determination, may harm CULTURE SUPPLY, Shopify or users of the Services, or expose them to liability.
In addition, you agree not to: (a) upload or transmit any virus or other malicious code that does or may affect the functionality or operation of the Services; (b) reproduce, duplicate, sell, resell or exploit any portion of the Services; (c) collect or track the personal information of others; (d) spam, phish, pharm, pretext, spider, crawl or scrape; or (e) interfere with or circumvent the security features of the Services or any related website, other websites or the internet. We reserve the right to suspend, disable or terminate your account without prior notice if we determine that you have breached any provision of these Terms of Service.

Section 14 - Termination
We may terminate this agreement or your access to the Services (or any part of them) at any time, without notice and in our sole discretion, and you will remain liable for all amounts due up to and including the date of termination.
The following provisions continue to apply after 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 that by their nature should survive termination.

Section 15 - Disclaimer of Warranties
The information presented on or through the Services 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, by any other user of the Services, or by anyone who may be informed of any of its contents.
Except where expressly stated by CULTURE SUPPLY, the Services and all products provided through the Services are provided "as is" and "as available", without any representation, warranty or condition of any kind, whether express or implied, including merchantability, fitness, fitness for a particular purpose, durability, title and non-infringement. We do not warrant, represent or guarantee that your use of the Services will be uninterrupted, timely, secure or error-free. Some jurisdictions do not allow limitations on, or the exclusion of, implied or other warranties, so the above disclaimers may not apply to you.
Please note that our liability where a product does not conform to the contract is governed by our Refund Policy and is not excluded by this Section.

Section 16 - Limitation of Liability
Except in cases of our wilful misconduct or gross negligence, our liability for any damage you incur in connection with your use of the Services, or with products purchased through the Services, is limited to an amount equivalent to the price of the product concerned.
We are not liable for loss of profits, loss of business opportunity or other damages arising from special circumstances, whether or not such damages were foreseeable.
The limitations of liability under this Section do not apply in cases of our wilful misconduct or gross negligence.

Section 17 - Indemnification
You agree to indemnify, defend and hold harmless CULTURE SUPPLY, Shopify and our affiliates, partners, officers, directors, employees, agents, contractors, licensors and service providers from and against any loss, damage, liability or claim payable to a third party (including reasonable legal fees) arising out of or relating to any of the following:
(1) your breach of these Terms of Service or of the documents incorporated herein;
(2) your violation of any law or of the rights of any third party;
(3) your access to or use of the Services.
We will notify you of any claim subject to indemnification. However, a failure to give prompt notice will not relieve you of your indemnification obligations unless you are materially prejudiced thereby. We may control the defence and settlement of any such claim at your expense, including the selection of counsel, provided that we will not settle any claim involving non-monetary obligations on your part without your consent (such consent not to be unreasonably withheld). You will cooperate in the defence of any indemnified claim, including by providing relevant materials.

Section 18 - Severability
If any provision of these Terms of Service is determined to be unlawful, void or unenforceable, that provision shall nonetheless remain 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 19 - Waiver and Entire Agreement
Our failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of that right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect of the Services constitute the entire agreement and understanding between you and us, and supersede 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) regarding your use of the Services.
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 or transfer this agreement or any of your rights or obligations under these Terms of Service without our prior written consent, and any such attempt shall 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 and Jurisdiction
These Terms of Service and any agreement relating to the Services we provide shall be governed by and construed in accordance with the laws of Japan.
In the event of any dispute between us and you in relation to the Services, the Tokyo District Court shall have exclusive jurisdiction as the court of first instance.

Section 22 - Headings
The headings used in these Terms are for convenience only and shall not affect the interpretation or application of these Terms of Service.

Section 23 - Changes to the Terms of Service
You can review the most current version of the Terms of Service at any time on this page.
We reserve the right, in our sole discretion, to update, change or replace any part of these Terms of Service, and we will give notice of such updates or changes by posting them on our website. It is your responsibility to check our website periodically for changes. Where required by applicable law, we will notify you of material changes to these Terms of Service, and such changes will take effect on the date stated in the notice. Your continued use of or access to the Services 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 info@culture-supply.com.
Our contact information is set out below.

Moon Made Inc.
info@culture-supply.com
1F, 3-38-1 Jingumae, Shibuya-ku, Tokyo 150-0001, Japan
+81-3-6271-5366