Terms of service

OVERVIEW
Welcome to TrueJapan! The terms "we", "us", and "our" refer to TrueJapan. TrueJapan operates this store and website, including all related information, content, features, tools, products, and services, to provide you, the customer, with a personalized shopping experience (the “Services”). TrueJapan is based on Shopify, which enables us to provide you with the Services.

The following terms and conditions, together with the policies referenced herein (these “Terms and Conditions” or “Terms”), describe your rights and obligations when using the Services.

Please read these Terms and Conditions carefully, as they contain important information about your legal rights and cover topics such as warranty disclaimers and limitations of liability.

By visiting, interacting with, or using our Services, you agree to these Terms and Conditions (link) and our Privacy Policy (link). If you do not agree to these Terms and Conditions or the Privacy Policy, you may not use or access our Services.

SECTION 1 – ACCESS AND ACCOUNT

By agreeing to these Terms and Conditions, you represent that you are of legal age in the state or region where you reside and that you have given us your consent to allow your minor dependents to use the Services on devices that you own, have purchased, or manage.
In order to use the Services, including accessing or browsing our online stores or purchasing products or services we offer, you may be asked to provide certain information, such as your email address and billing, payment, and delivery information. You represent and warrant that all information you provide in our stores is accurate, current, and complete, and that you have the full right to provide such information.
You are solely responsible for the security of your account login information and for all activity on your account. You may not transfer, sell, assign, or license your account to another person.

SECTION 2 – OUR PRODUCTS

We have made every effort to display our products and services as accurately as possible in our online stores. However, we would like to point out that the colors or appearance of the products may differ from those displayed on your screen due to the device you use to access the shop and its settings and configuration.
We do not guarantee that the appearance or quality of the products or services you purchase will meet your expectations or correspond to the representations in our online shops.
All product descriptions are subject to change at any time without notice at our sole discretion. We reserve the right to remove products from our range at any time and to limit the quantities of products we offer to any person, geographic region, or jurisdiction on a case-by-case basis.

Section 3 – ORDERS

By placing an order, you are making an offer to purchase. TrueJapan reserves the right to accept or reject your order at its sole discretion for any reason. Your order is only considered accepted once it has been confirmed by TrueJapan. Acceptance of your order is conditional upon receipt and processing of your payment. Please check your order carefully before submitting it, as TrueJapan may not be able to accommodate cancellation requests after an order has been accepted. If we do not accept, change, or cancel an order, we will attempt to notify you via the email address, billing address, and/or phone number provided when you placed your order.
Returns or exchanges of your purchases will only be made in accordance with our right of withdrawal (link).
You represent and warrant that your purchases are for your personal use or the use of your household and not for commercial resale or export.

SECTION 4 – PRICES AND BILLING

Prices, discounts, and special offers are subject to change without notice. The price charged for a product or service is the price valid at the time of ordering and will be specified in the order confirmation you receive by email. Unless expressly stated otherwise, the prices quoted do not include taxes, shipping, handling, customs, or import fees.
The prices quoted in our online stores may differ from the prices in brick-and-mortar stores or in online stores or other stores operated by third parties. We may offer promotions for the Services from time to time that may affect pricing and are subject to terms and conditions other than these Terms. In the event of any conflict between the terms of a promotion and these Terms, the terms of the promotion shall prevail.

You agree to provide current, complete, and accurate purchase, payment, and account information for all purchases made in our stores. You agree to promptly update your account and other information, including your email address, 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 provide is true, correct, and complete, (ii) you are authorized to use this credit card for the purchase, (iii) the charges incurred by you will be honored by your credit card company, and (iv) you will pay the charges incurred by you at the prices quoted, including shipping and handling charges and all applicable taxes.

SECTION 5 – SHIPPING AND DELIVERY

We are not liable for shipping and delivery delays. All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by shipping providers, customs clearance, or events beyond our control. Once we have handed over the products to the shipping provider, the title and risk of loss are transferred to you.

If a shipment is returned to us due to circumstances for which the customer is responsible, such as an incorrect or incomplete delivery address, failure to collect the shipment, refusal of delivery, or unsuccessful age verification, we reserve the right to charge the actual costs incurred for the return shipment and any subsequent re-delivery. The customer may demonstrate that no costs or substantially lower costs were incurred.

SECTION 6 – INTELLECTUAL PROPERTY

Our Services, including but not limited to all brands, trademarks, text, illustrations, images, graphics, product reviews, video and audio files, as well as their design, selection and arrangement, are the property of TrueJapan, its affiliates or licensors and are protected by US and foreign patent, copyright and other intellectual property laws.

These Terms of Service permit you to use the Services solely for personal, non-commercial purposes. You may not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store, or transmit the material in the Services without our prior written consent. Unless expressly provided herein, nothing in these Terms of Use grants you any license or other rights to patents, trademarks, copyrights, or other intellectual property of TrueJapan, Shopify, or third parties, nor may any such grant be inferred from these provisions. Unauthorized use of the Services may violate federal and state intellectual property laws. All rights not expressly granted herein are reserved by TrueJapan.

The names, logos, product and service names, designs, and slogans of TrueJapan are trademarks of TrueJapan or its affiliates or licensors. You may not use these trademarks without the prior written permission of TrueJapan. The name, logo, product and service names, designs, and slogans of Shopify 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 able to access customer tools offered by third parties as part of the Services, which we cannot monitor, control, or influence.
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 disclaim any liability arising from or related to the use of optional third-party tools.
Your use of any optional tools offered through the website is entirely at your own risk and discretion. You are responsible for familiarizing yourself with and accepting the terms and conditions under which the tools are provided by the respective third-party providers.
We may also offer new features through the Services in the future (including the release of new tools and resources). Such new features shall also be considered part of the Services and shall be subject to these Terms and Conditions.

SECTION 8 – THIRD-PARTY LINKS

The Services may contain materials and hyperlinks to websites provided or operated by third parties (including any embedded third-party features). We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites that you choose to access at your own discretion. If you decide to leave the Services to access any third-party materials or websites, you do so at your own risk.
We are not liable for any harm or damages resulting from your access to third-party websites or from your purchase or use of any products, services, resources, or content on third-party websites. You should carefully review 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 and services should be directed to the relevant third party.

SECTION 9 – RELATIONSHIP WITH SHOPIFY

[NOTE TO MERCHANTS: This section accurately describes Shopify's relationship with your store and should not be removed or altered].
TrueJapan is powered by Shopify, which allows us to provide you with the Services. However, all sales and purchases you make in our store are made directly with TrueJapan. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of the transactions between you and TrueJapan, including any injury, damage, or loss arising from purchased products and services. You hereby expressly release Shopify and its affiliates from all liability for any claims, damages, and liabilities arising out of or in connection with your purchases and transactions with TrueJapan.

SECTION 10 – PRIVACY POLICY

All personal data we collect through the Services is subject to our Privacy Policy, which can be viewed here (link). In addition, certain personal data may be subject to Shopify's Privacy Policy, which can be viewed here. 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 data about your access to and use of the Services in order to provide and improve the Services for you. Data you submit to the Services is shared with Shopify and third-party providers, who may be located in countries other than your country of residence, in order to provide the Services to you. Please see our Privacy Policy (link) for more information about how we, Shopify, and our partners use your personal data.

SECTION 11 – FEEDBACK

If you submit, upload, post, email, or otherwise transmit any 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 such Feedback in any medium for any purpose, including commercial use. For example, we may use our rights under this license to operate, provide, evaluate, enhance, improve, and promote the Services, and to comply with our obligations and exercise our rights under the Terms and Conditions.

You further represent and warrant that: (i) you own all Feedback Content or have all necessary rights to it; (ii) you have disclosed any compensation or incentives you received in connection with submitting your Feedback; and (iii) your Feedback complies with these Terms and Conditions. We are not obligated to (1) treat your feedback as confidential, (2) pay compensation for your feedback, or (3) respond to your feedback.

We reserve the right, but are not obligated, to monitor, edit, or remove feedback that we deem, in our sole discretion, to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable, or that violates any party's intellectual property or these Terms and Conditions.
You represent that your feedback does not infringe on any third-party rights, including copyrights, trademarks, privacy rights, publicity rights, or other personal or proprietary rights. You further warrant that your feedback does not contain any defamatory or otherwise unlawful, offensive, or obscene statements and is free of computer viruses or other malware that could in any way interfere with the operation of the Services or any related website. You may not use a false email address, impersonate any person, or otherwise mislead us or third parties as to the origin of the feedback. You are solely responsible for your feedback and its accuracy. We assume no responsibility or liability for feedback posted by you or any third party.

SECTION 12 – ERRORS, INACCURACIES, AND OMISSIONS

Occasionally there may be information on or in the Services that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. If there are any inaccuracies, we reserve the right to correct any errors, inaccuracies, or omissions, change or update information, or cancel orders at any time without prior notice (including after you have submitted your order).

SECTION 13 – PROHIBITED USES

You may only access and use the Services for lawful purposes. You may not access or use the Services, directly or indirectly: (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 or violate our intellectual property rights or the intellectual property rights of others; (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or harm any of our employees or any other person; (e) to transmit false or misleading information; (f) to send, knowingly receive, upload, download, use, or reuse any material that does not comply with these Terms and Conditions; (g) to transmit or cause to be transmitted any advertising or promotional material, including “junk mail,” “chain letters,” “spam,” or other similar promotional activities; (h) to impersonate or attempt to impersonate another person or entity; or (i) to engage in any other conduct that restricts or inhibits the use of the Services or which, in our sole discretion, may harm or expose TrueJapan, Shopify, or users of the Services to liability.

In addition, you agree not to: (a) upload or transmit any viruses or other types of malicious code that in any way affect the functionality or operation of the Services; (b) reproduce, duplicate, copy, sell, resell, or exploit any portion of the Services; (c) collecting or tracking the personal data of others; (d) engaging in spam, phishing, pharming, pretexting, spidering, crawling, or scraping activities; or (e) compromising or circumventing the security features of the Services or any associated website, other websites, or the Internet. We reserve the right to suspend, disable, or terminate your account at any time without notice if we determine that you have violated any part of these Terms and Conditions.

SECTION 14 – TERMINATION OF THE CONTRACTUAL RELATIONSHIP

We may terminate this agreement or your access to the Services (or parts thereof) at any time without notice at our sole discretion. You will remain liable for all amounts due up to the date of termination of the contract.
The following sections shall survive termination of the contractual relationship: Intellectual Property, 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

The information presented in or through the Services is for general informational purposes only. We make no warranty as to the accuracy, completeness, or usefulness of this information. If you rely on this information, you do so at your own risk. We disclaim all liability and responsibility arising from your reliance on these materials, or the reliance of any other visitor to the Services or other person who is informed of their contents.
UNLESS EXPRESSLY STATED BY TrueJapan, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE, WITHOUT ANY EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT OR GUARANTEE THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE EXCLUSION OF IMPLIED OR OTHER WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

SECTION 16 – LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER TRUEJAPAN, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS OR LICENSORS, NOR SHOPIFY AND ITS AFFILIATES, SHALL BE LIABLE FOR ANY INJURIES, LOSSES, CLAIMS, OR 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 SIMILAR DAMAGES, WHETHER ARISING UNDER CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING OUT OF YOUR USE OF THE SERVICES OR PRODUCTS OBTAINED THROUGH THE SERVICES, OR FOR ANY OTHER CLAIMS RELATED IN ANY WAY TO YOUR USE OF THE SERVICES OR ANY PRODUCT, INCLUDING BUT NOT LIMITED TO ERRORS OR OMISSIONS IN CONTENT OR ANY LOSSES OR DAMAGES OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICES OR CONTENT (OR PRODUCTS) PUBLISHED, TRANSMITTED OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

SECTION 17 – INDEMNIFICATION

You agree to indemnify, defend, and hold harmless TrueJapan, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from and against any losses, damages, liabilities, or claims, including reasonable attorneys’ fees, arising from or related to (1) your breach of these Terms of Service or any documents they reference, (2) your violation of any law or the rights of a third party, or (3) your access to or use of the Services.

We will notify you of any claims subject to indemnification, provided that failure to give prompt notice does not relieve you of your obligations, unless such failure materially prejudices you. We may control the defense and settlement of such claims at your expense, including the selection of counsel, but we will not settle any claim requiring non-monetary obligations from you without your consent (which shall not be unreasonably withheld). You agree to cooperate in the defense of indemnifiable claims, including providing relevant documentation.

SECTION 18 – SEVERABILITY

If any provision of these Terms of Service is found to be unlawful, void, or unenforceable, that provision shall remain effective to the fullest extent permitted by law, and the unenforceable portion shall be deemed severed from these Terms. The validity and enforceability of the remaining provisions shall not be affected.

SECTION 19 – WAIVER; ENTIRE AGREEMENT

Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
These Terms of Service, together with any policies or operating rules published by us on this website or in relation to the Services, constitute the entire agreement between you and us and govern your use of the Services. They supersede any prior or contemporaneous agreements, communications, and offers, whether oral or written, between you and us (including, but not limited to, prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms shall not be construed against the party that drafted them.

SECTION 20 – ASSIGNMENT

You may not assign, delegate, or transfer this Agreement or your rights or obligations under these Terms without our prior written consent, and any attempt to do so is null and void. We may assign, delegate, or transfer these Terms and our rights and obligations without your consent or notice.

SECTION 21 – GOVERNING LAW

These Terms of Service and any separate agreements through which we provide you with Services are governed by the federal and state or territorial courts of the country where TrueJapan has its principal place of business and shall be construed in accordance with its laws. You and TrueJapan agree to submit to the jurisdiction and venue of these courts.

SECTION 22 – HEADINGS

The headings used in this Agreement are for convenience only and have no effect on these Terms of Service.

SECTION 23 – CHANGES TO TERMS OF SERVICE

You may review the most current version of the Terms of Service 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 on our website. It is your responsibility to check our website periodically for changes. We will notify you of any material changes to these Terms in accordance with applicable law. Such changes will become effective on the date indicated in the notice. Your continued use of or access to the Services after the posting of changes constitutes your acceptance of those changes.

SECTION 24 – CONTACT INFORMATION

If you have any questions regarding these Terms of Service, please contact us at ch@truejapan.de.
Our contact information is as follows:

TrueJapan UG (haftungsbeschränkt) 
ch@truejapan.de
Grüntenweg 2, 86859 Igling 
Commercial Register Number: HRB 41617
VAT ID: DE456506337