Terms of service

 

Overview
Welcome to Muupique! “we,” “us,” and “our” refer to Muupique. Muupique operates this store and website and provides you with a curated shopping experience (the “Services”), which includes all related information, content, features, tools, products, and services. Muupique is powered by Shopify and provides the Services to you.

These Terms of Service and all policies referenced herein (collectively, the “Terms”) explain your rights and responsibilities when using the Services.

These Terms contain important information about your legal rights, including disclaimers of warranties and limitations of liability. Please read them carefully.

By browsing or interacting with the Services, you are deemed to agree to these Terms and our Privacy Policy. If you do not agree to these Terms or the Privacy Policy, do not use or access the Services.

Article 1 – Access and Accounts
By agreeing to these Terms, you represent that you are of the age of majority in your state or province (or equivalent jurisdiction) of residence, and that you have given consent to allow any of your minor dependents to use the Services via devices you own, purchase, or control.
To use the Services (including accessing or viewing our online store or purchasing products or services we provide), you may be asked 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.

Article 2 – Our Products
We make every effort to depict products and services accurately in our online store. However, please note that colors and the appearance of products on your screen may differ from the actual items due to your device type and settings/configuration.
We do not warrant that the appearance or quality of any products or services you purchase will meet your expectations or match what is displayed in the online store.
Descriptions of products may be changed from time to time at our discretion without notice. We reserve the right to discontinue the sale of any product at any time and, in our sole discretion, to limit the quantities of products offered to any person, region, or jurisdiction.

Article 3 – Orders
Placing an order constitutes an offer to purchase. Muupique reserves the right, in its sole discretion and for any reason, to accept or reject any order. An order is not complete until Muupique confirms its acceptance. Before we accept your order, we must receive and process your payment. Please review your order carefully before finalizing it. After an order has been accepted, Muupique may be unable to accommodate requests to cancel. If we decline, modify, or cancel an order, we will endeavor to notify you using the email address, billing address, and/or phone number you provided at the time of purchase.
Returns or exchanges for your purchases will only be handled in accordance with our Refund Policy [LINK].
You represent and warrant that products you purchase are for your personal or household use and not for resale or export for commercial purposes.

Article 4 – Pricing and Billing
Prices, discounts, and promotions are subject to change without notice. The price of a product or service applicable to your order is the price in effect at the time of purchase and will appear on your order confirmation email. Unless expressly stated otherwise, listed prices exclude taxes, shipping, handling, duties, and import fees.
Prices displayed in our online store may differ from prices offered in physical stores or third-party online stores or other outlets. We may run promotions from time to time in connection with the Services; such promotions may affect pricing and are governed by terms separate from these Terms. If there is a conflict between promotional terms and these Terms, the promotional terms will control.
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 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.
You represent and warrant that: (i) the credit card information you provide is true, accurate, and complete; (ii) you are duly authorized to use the card for the purchase; (iii) charges made by you will be honored by your card issuer; and (iv) you will pay charges including posted prices, shipping, handling, and all applicable taxes.

Article 5 – Shipping and Delivery
We are not responsible for delays in shipping or delivery. Any delivery times are estimates only and are not guaranteed. We are not liable for delays caused by carriers, customs clearance, or circumstances beyond our control. Title and risk of loss pass to you when we deliver products to the carrier.

Article 6 – Intellectual Property
The Services—including, without limitation, trademarks, branding, text, displays, images, graphics, product reviews, video and audio, and the design, selection, and arrangement thereof—are owned by Muupique and its affiliates or licensors and are protected by U.S. and foreign patent, copyright, and other intellectual property laws.
Under these Terms, you are permitted to use the Services only for personal, non-commercial purposes. You may not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store, or transmit any content on the Services without our prior written consent. Except as expressly provided herein, nothing in these Terms shall be construed as granting any license or other rights under the patents, trademarks, copyrights, or other intellectual property rights of Muupique, Shopify, or any third party. Unauthorized use of the Services may violate federal and state intellectual property laws. All rights not expressly granted in these Terms are reserved by Muupique.
The names, logos, product and service names, designs, and slogans of Muupique are trademarks of Muupique or its affiliates or licensors. You must not use such marks without Muupique’s prior written permission. The names, logos, 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.

Article 7 – Optional Tools
We may provide you with access to third-party customer tools as part of the Services; 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.
Any use by you of optional tools offered through our site is entirely at your own risk and discretion, and you should ensure that you understand and agree to the terms on which tools are provided by the relevant third party.
We may also, in the future, offer new features (including new tools and resources) through the Services. Such new features will also be subject to these Terms.

Article 8 – Third-Party Links
The Services may include materials or hyperlinks to websites that are provided or 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 access materials or websites of third parties after leaving the Services, you do so at your own risk.
We will not be liable for any damages related to your access to third-party websites or your purchase or use of third-party goods, services, resources, or content. 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.

Article 9 – Relationship with Shopify
[Notice to merchants: This section accurately reflects the relationship between Shopify and your store and must not be deleted or modified.]
Muupique is powered by Shopify and provides the Services to you. However, all purchases you make at our store are made directly between you and Muupique. By using the Services, you acknowledge and agree that Shopify bears no responsibility for any aspect of the transactions between you and Muupique (including any damage or injury arising from products or services purchased). You expressly release Shopify and its affiliates from all claims, damages, and liability arising out of or related to your purchases and transactions with Muupique.

Article 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 (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 information regarding 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, which may be located outside your country of residence, for the purpose of providing the Services to you. For details on how we, Shopify, and our partners use your personal information, please see our Privacy Policy (here: [LINK]).

Article 11 – Feedback
If you submit, upload, post, email, or otherwise send ideas, suggestions, feedback, reviews, plans, proposals, or other content (collectively, “Feedback”), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute, and display the Feedback for any purpose, including commercial purposes. For example, we may exercise these rights to operate, provide, assess, enhance, improve, and promote the Services and to perform our obligations and exercise our rights under these Terms.
You further represent and warrant that: (i) you own or otherwise control all rights necessary in and to the Feedback; (ii) you have disclosed any compensation or incentives received in connection with the submission of the Feedback; and (iii) the Feedback complies with these Terms. We have no obligation to: (1) treat any Feedback as confidential; (2) compensate you for any Feedback; or (3) respond to any Feedback.
We may, in our sole discretion, monitor, edit, or remove Feedback that we deem unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, otherwise objectionable, or that infringes any third party’s intellectual property or violates these Terms, but we are not obligated to do so.
You agree that your Feedback will not infringe the rights of any third party, including copyright, trademark, privacy, publicity, or other personal or proprietary rights. You further agree that your Feedback will not contain libelous or otherwise unlawful, abusive, or obscene material, or any computer virus or malware that could affect the operation of the Services or related websites. You may not use a false email address, pretend to be someone other than yourself, 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.

Article 12 – Errors, Inaccuracies, and Omissions
Information on or within the Services may contain typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, offers, shipping charges, delivery times, or availability. We reserve the right to correct any errors, inaccuracies, or omissions; to change or update information; or to cancel orders if any information is inaccurate at any time without prior notice (including after you have submitted an order).

Article 13 – Prohibited Uses
You may access and use the Services only for lawful purposes. You may not, directly or indirectly, access or use the Services for: (a) any unlawful or malicious purpose; (b) violating international, federal, national, provincial, state, or local laws or regulations; (c) infringing or violating our or any third party’s intellectual property rights; (d) harassing, abusing, insulting, harming, defaming, slandering, disparaging, intimidating, or discriminating against our employees or any other person; (e) submitting false or misleading information; (f) transmitting, receiving, uploading, downloading, using, or re-using materials that do not comply with these Terms; (g) sending or arranging to send advertising or promotional material (including “junk mail,” “chain letters,” “spam,” or other solicitations); (h) impersonating or attempting to impersonate any person or organization; or (i) engaging in conduct that restricts or inhibits anyone’s use or enjoyment of the Services or that we determine may harm Muupique, Shopify, or users of the Services or expose them to liability.
You also agree not to: (a) upload or transmit any viruses or other malicious code that will or may affect the functionality or operation of the Services; (b) reproduce, duplicate, copy, sell, resell, or exploit any portion of the Services; (c) collect or track the personal information of others; (d) engage in spamming, phishing, pharming, pretexting, or web crawling/scraping; or (e) interfere with or circumvent the security features of the Services, related websites, 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 prior notice.

Article 14 – Termination
We may, at any time and without notice, terminate these Terms or your access to the Services (or any part thereof) in our sole discretion. You will remain responsible for all amounts due up to and including the date of termination.
The following provisions will 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 that by their nature should survive termination.

Article 15 – Disclaimer of Warranties
Information provided on or through the Services is intended solely for general informational purposes. We make no warranties regarding the accuracy, completeness, or usefulness of such information. Any reliance you place on such information is entirely at your own risk. We disclaim all liability and responsibility arising from any reliance placed on these materials by you, other users of the Services, or any third party who may be informed of their contents.
Except where expressly stated by Muupique, the Services and all products provided through the Services are supplied “as is” and “as available,” without any representations, warranties, or conditions of any kind, whether express or implied, including, without limitation, warranties of merchantability, fitness for a particular purpose, durability, title, and non-infringement. We do not represent, warrant, or guarantee that your use of the Services will be uninterrupted, timely, secure, or error-free. Because some jurisdictions do not allow limitations on, or the exclusion of, implied or other warranties, the foregoing disclaimers may not apply to you.

Article 16 – Limitation of Liability
To the maximum extent permitted by law, in no event shall Muupique or our partners, directors, officers, employees, affiliates, agents, contractors, service providers, licensors, or Shopify and its affiliates be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages (including, without limitation, lost profits, lost revenue, lost savings, loss of data, replacement costs, or similar damages), whether based in contract, tort (including negligence), strict liability, or any other legal theory, arising from or related to your use of the Services or any products obtained through the Services. We are likewise not responsible for any errors or omissions in any content (or products) posted, transmitted, or otherwise made available via the Services, or for any loss or damage of any kind incurred as a result of the use thereof, even if advised of the possibility of such damages.

Article 17 – Indemnification
You agree to indemnify, defend, and hold harmless Muupique, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from and against any and all losses, damages, liabilities, or claims (including reasonable attorneys’ fees) paid to third parties, arising out of or related to: (1) your breach of these Terms or of any documents incorporated herein; (2) your violation of law or of any third party’s rights; or (3) your access to or use of the Services. We will notify you of any claim subject to indemnification; however, your indemnification obligations will not be relieved unless you suffer material prejudice from our failure to provide prompt notice. We may, at your expense, control the defense and settlement of any such claim, including selecting counsel. We will not settle any claim imposing non-monetary obligations on you without your consent (which shall not be unreasonably withheld). You agree to cooperate in the defense of any indemnified claim, including by providing relevant materials.

Article 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 remaining provisions.

Article 19 – Waiver and 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, together with any policies or operating rules posted by us on the Site or in respect of the Services, constitute the entire agreement and understanding between you and us and supersede all prior or contemporaneous agreements, communications, and proposals, whether oral or written (including prior versions of the Terms), with respect to the Services.
Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.

Article 20 – Assignment
You may not delegate, assign, or transfer any of your rights or obligations under these Terms without our prior written consent, and any attempted assignment without such consent shall be void. We may assign, transfer, or delegate these Terms and our rights and obligations hereunder without your consent or notice.

Article 21 – Governing Law and Jurisdiction

These terms of use shall be governed by Japanese law and interpreted in accordance with Japanese law.

For any disputes arising from these Terms of Use or our services, the district court or summary court that has jurisdiction over the location of our head office shall be the exclusive court of jurisdiction in the first instance.

Article 22 – Headings
Headings used in this Agreement are included for convenience only and shall not affect the interpretation or application of these Terms.

Article 23 – Changes to the Terms
You can review the most current version of the Terms 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 or changes on our website. You are responsible for checking our website periodically for changes. We will notify you of material changes to these Terms as required by applicable law, and such changes will take effect on the date specified in the notice. Your continued use of or access to the Services following the posting of any changes constitutes acceptance of those changes.

Article 24 – Contact Information
Questions about these Terms should be sent to: muupique@gmail.com.