Terms of service

Overview

Welcome to brightway-osaka-store! The terms “we,” “us,” and “our” refer to brightway-osaka-store. brightway-osaka-store operates this store and website and provides you with a curated shopping experience, including all related information, content, features, tools, products, and services (the “Service”). brightway-osaka-store is powered by Shopify, which enables us to provide the Service to you.

These Terms of Service and all policies referenced herein (collectively, the “Terms” or “Terms of Service”) describe your rights and responsibilities when you use the Service.

These Terms include important information about your legal rights and cover topics such as disclaimers of warranties and limitations of liability, so please read them carefully.

By browsing or otherwise using the Service, you agree to these Terms and our Privacy Policy [LINK]. If you do not agree to these Terms or the Privacy Policy, please do not access or use the Service.

Section 1 — Access and Account

By agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence, and that you have given us your consent to allow any of your minor dependents to use the Service through devices you own, purchase, or manage.

To use the Service (including accessing or browsing the online store, or purchasing products and services), you may be required to provide certain information, such as your email address, billing information, payment information, and shipping information. 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 such information.

You are solely responsible for maintaining the confidentiality of your account credentials and for all activities that occur 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. However, please note that depending on your device type and your device settings/configuration, the colors and appearance displayed on your screen may differ from the actual products.

We do not guarantee that the appearance or quality of any product or service you purchase will meet your expectations or match what is shown on the online store.

Product descriptions may be changed at any time without notice, at our sole discretion. We reserve the right to discontinue the sale of any product at any time and may, on a case-by-case basis, limit the quantities of products offered to any person, region, or jurisdiction.

Section 3 — Orders

By placing an order, you are making an offer to purchase. brightway-osaka-store reserves the right, in its sole discretion, to accept or reject any order for any reason. Your order is not accepted until brightway-osaka-store confirms acceptance. We may need to receive and process your payment before we accept your order.

Please review your order carefully before submitting it. After an order is accepted, brightway-osaka-store may not be able to accommodate cancellation requests. If we do not accept your order, modify it, or cancel it, we will attempt to notify you by contacting the email address, billing address, and/or phone number provided at the time of the order.

Returns or exchanges of purchased items will be handled only in accordance with our Refund Policy [LINK].

You represent and warrant that the products you purchase are for your personal or household use only, and are not intended for resale or export for commercial purposes.

Section 4 — Pricing and Billing

Prices, discounts, and promotions are subject to change without notice. The price for a product or service will be the price in effect at the time the order is placed and will be shown in your order confirmation email. Unless otherwise stated, displayed prices do not include taxes, shipping, fees, duties, or import charges.

Prices displayed on our online store may differ from prices offered in physical stores or third-party online stores or other retail locations. We may offer promotions from time to time, which may affect pricing and may be governed by separate terms. In the event of any conflict between promotional terms and these Terms, the promotional terms will control.

You agree to provide current, complete, and accurate purchase information, payment information, and account information for all purchases made through our store. 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 duly authorized to use such credit card for the purchase; (iii) charges incurred by you will be honored by your credit card company; and (iv) you will pay the charges incurred by you at the posted prices, including shipping, fees, and all applicable taxes.

Section 5 — Shipping and Delivery

We are not responsible for shipping or delivery delays. Delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by carriers, customs clearance, or other circumstances beyond our control. Title and risk of loss pass to you upon our delivery of the products to the carrier.

Section 6 — Intellectual Property

The Service (including, without limitation, trademarks, branding, text, displays, images, graphics, product reviews, video and audio, and the design, selection, and arrangement thereof) is owned by brightway-osaka-store and its affiliates or licensors, and is protected by U.S. and foreign patent, copyright, and other intellectual property laws.

These Terms permit you to use the Service for 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 of the material on the Service without our prior written consent.

Except as expressly provided herein, nothing in these Terms shall be construed as granting you any license or other rights under any patent, trademark, copyright, or other intellectual property of brightway-osaka-store, Shopify, or any third party. Unauthorized use of the Service may violate federal and state intellectual property laws. All rights not expressly granted are reserved by brightway-osaka-store.

The brightway-osaka-store name, logo, product and service names, designs, and slogans are trademarks of brightway-osaka-store or its affiliates or licensors. You must not use such trademarks without our prior written permission. 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 Service are the trademarks of their respective owners.

Section 7 — Optional Tools

We may provide you with access to third-party tools as part of the Service. We do not monitor, control, or have input into such tools.

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 from or relating to your use of optional third-party tools.

Your use of optional tools offered through our site is entirely at your own risk and discretion, and you should ensure that you are familiar with and approve of the terms on which such tools are provided by the relevant third-party providers.

We may also offer new features through the Service in the future (including the release of new tools and resources). Such new features shall also be considered part of the Service and shall be subject to these Terms.

Section 8 — Third-Party Links

The Service may contain materials or hyperlinks to websites operated by third parties (including embedded third-party functionality). We are not responsible for examining or evaluating the content or accuracy of third-party materials or websites. If you leave the Service to access third-party materials or websites, you do so at your own risk.

We are not liable for any harm or damages related to your access to or use of third-party websites, or your purchase or use of goods, services, resources, or content on third-party websites. Please review third-party policies and practices carefully and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products or services should be directed to the third party.

Section 9 — Relationship with Shopify

[Merchant Note: This section accurately reflects the relationship between Shopify and your store and must not be removed or modified.]

brightway-osaka-store is powered by Shopify, which enables us to provide the Service to you. However, all purchases and sales you make at our store are made directly with brightway-osaka-store. By using the Service, you acknowledge and agree that Shopify is not responsible for any aspect of the sales between you and brightway-osaka-store (including any injury, damage, or losses arising from products or services purchased). You expressly release Shopify and its affiliates from any claims, damages, and liabilities arising from or related to your purchases and transactions with brightway-osaka-store.

Section 10 — Privacy Policy

All personal information we collect through the Service is subject to our Privacy Policy (available here: [LINK]). Certain personal information may also be subject to Shopify’s privacy policy. By using the Service, you acknowledge that you have read these privacy policies.

Because the Service is hosted by Shopify, Shopify collects and processes personal information related to your access to and use of the Service to provide and improve the Service. Information you submit through the Service may be shared with Shopify and third parties that may be located outside your country of residence and used to provide the Service to you. For details on how we, Shopify, and our partners use personal information, please review our Privacy Policy here: [LINK].

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 for any purpose, including commercial purposes. For example, we may use Feedback to operate, provide, evaluate, enhance, improve, and promote the Service, and to perform our obligations and exercise our rights under these Terms.

You also represent and warrant that: (i) you own or otherwise have all necessary rights to the Feedback; (ii) you disclose any compensation or incentives received in connection with your submission of Feedback; and (iii) your Feedback complies with these Terms. We have no obligation to (1) maintain Feedback in confidence, (2) pay compensation for Feedback, or (3) respond to Feedback.

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

You agree that your Feedback will not violate any third party rights, including copyright, trademark, privacy, publicity, or other personal or proprietary rights. You further agree that your Feedback will not contain defamatory 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, pretend to be someone else, or otherwise mislead us or third parties as to the origin of any Feedback. You are solely responsible for any Feedback you make and its accuracy. We take no responsibility and assume no liability for any Feedback posted by you or any third party.

Section 12 — Errors, Inaccuracies, and Omissions

Occasionally there may be information on or in the Service 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, to change or update information, or to cancel orders if any information in the Service is inaccurate at any time without prior notice (including after you have submitted your order).

Section 13 — Prohibited Uses

You may access and use the Service only for lawful purposes. You may not access or use the Service, directly or indirectly, for: (a) any unlawful or malicious purpose; (b) violating any international, federal, provincial, state, or local laws or regulations; (c) infringing or violating our intellectual property rights or the intellectual property rights of others; (d) harassing, abusing, insulting, harming, defaming, slandering, disparaging, intimidating, or discriminating against any person; (e) submitting false or misleading information; (f) transmitting, receiving, uploading, downloading, using, or re-using any material that does not comply with these Terms; (g) sending or procuring the sending of any advertising or promotional materials, including “junk mail,” “chain letters,” “spam,” or similar solicitation; (h) impersonating or attempting to impersonate any person or entity; or (i) any other conduct that we determine restricts or inhibits anyone’s use or enjoyment of the Service, or which may harm brightway-osaka-store, Shopify, or users of the Service, or expose them to liability.

In addition, you agree not to: (a) upload or transmit viruses or any other malicious code that could affect the functionality or operation of the Service; (b) reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service; (c) collect or track the personal information of others; (d) spam, phish, pharm, pretext, crawl, scrape, or engage in similar conduct; or (e) interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. If we determine that you have violated any provision of these Terms, we may suspend, disable, or terminate your account without notice.

Section 14 — Termination

We may terminate this agreement or your access to the Service (or any part thereof) at any time, without notice, in our sole discretion, and you will remain liable for all amounts due up to and including the date of termination.

The following provisions shall survive termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver, Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions which by their nature should survive termination.

Section 15 — Disclaimer of Warranties

Information provided on or through the Service is for general informational purposes only. 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

Section 16 — Limitation of Liability
To the maximum extent permitted by law, in no event shall brightway-osaka-store, our partners, directors, officers, employees, affiliates, agents, contractors, service providers, licensors, and Shopify and its affiliates be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind (including, without limitation, 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 or related to your use of the Service or any products obtained through the Service.

We shall not be liable for any errors or omissions in any content (or products) posted, transmitted, or otherwise made available through the Service, or for any loss or damage of any kind incurred as a result of the use of the Service or any content (or products), even if advised of their possibility.

Section 17 — Indemnification

You agree to indemnify, defend, and hold harmless brightway-osaka-store, 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) payable to any third party arising from or related to:

(1) your breach of these Terms or any documents incorporated by reference;
(2) your violation of any law or the rights of a third party; or
(3) your access to or use of the Service.

We will notify you of any claim subject to indemnification; however, failure to provide prompt notice shall not relieve you of your indemnification obligations unless you are materially prejudiced by such failure. We may, at your expense, manage the defense and settlement of any such claim, including selecting counsel, provided that we will not agree to any settlement that imposes any non-monetary obligation on you without your consent (which shall not be unreasonably withheld). You agree to cooperate in the defense of such claims, including by providing relevant information.

Section 18 — 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 severed from these Terms. Such determination shall not affect the validity and enforceability of any other remaining provisions.

Section 19 — Waiver and Entire Agreement

Failure by 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 this site or in respect to the Service constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written (including, without limitation, any prior versions of these Terms).

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

Section 20 — Assignment

You may not assign, transfer, or delegate any of your rights or obligations under these Terms without our prior written consent. Any attempted assignment without such consent shall be null and void.

We may assign, transfer, or delegate these Terms and our rights and obligations without your consent or notice.

Section 21 — Governing Law

These Terms and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the courts having jurisdiction over the location of the head office of brightway-osaka-store (including the federal and state courts (or territorial courts)). You and brightway-osaka-store agree to submit to the venue and personal jurisdiction of such courts.

Section 22 — Headings

Headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

Section 23 — Changes to 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 by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. We will notify you of material changes to these Terms as required by applicable law, and such changes will be effective as of the date set forth in the notice. Your continued use of or access to the Service following the posting of any changes constitutes acceptance of those changes.

Section 24 — Contact Information

Questions about the Terms of Service should be sent to od-brightway@inter-shoes.com

Our contact information is as follows:

[Insert legal business name]
od-brightway@inter-shoes.com
[Insert business address]
[Insert business phone number]
[Insert business registration number]
[Insert VAT registration number]