Terms of service

OVERVIEW
These "Terms of Service" apply to your access and use of the website operated by Hishinuma Trading Co. Ltd (www.umeshuya.co.uk) and throughout the site, the terms “we”, “us” and “our” refer to Hishinuma Trading Co. Ltd trading as UMESHUYA LONDON. We offer this website, including all information, tools and services available to you (the user), conditioned upon your acceptance of all terms, conditions, policies and notices stated below.

By using our site and/ or purchasing goods/service from us, you confirm that you accept these terms (“Terms of Service “) of use and that you will comply with them. If you do not agree to these terms, you must not use our site. We recommend that you make a copy of these terms for future reference. These terms apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
 Any new features or tools which are added to the current store shall also be subject 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 to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your countries of residence, or that you are the age of majority in your countries of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorised purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.

2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us. 

3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk. This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

5 - PRODUCTS OR SERVICES
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colours and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any colour will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

6 - E-GIFT CARDS 

The E-Gift Card (digital gift voucher) is only available for use on our site in the UK and must be purchased and/or used by those over the age of 18. Purchases of E-Gift Cards will be confirmed by email to the email address notified to us at the time of purchase once the transaction has been processed. E-Gift cards can be forwarded to the intended recipient by email but will be delivered to the email address as notified to us during the purchase process. The email will set out the value of the E-Gift Card, the expiry date and will contain a link to the unique code required to use the E-Gift Card at checkout in order to redeem the E-Gift Card.

The recipient of an E-Gift Card is responsible for its safekeeping and proper use. From time to time E-Gift Cards can get caught up in spam filters and the recipient should make sure that they check these filters. If sending, you must alert the recipient of the E-Gift Card to these Terms of Service. We do not accept responsibility for any E-Gift Card which is sent to an incorrect email address that you supplied to us, or which is lost, stolen or deleted. We do not accept responsibility for any E-Gift Card that cannot be delivered to the email address which you supplied to us due to spam filters, firewalls or other security measures operating on the relevant software systems or devices, the capacity of their mailbox or any other reason outside our control.

There may be occasions when E-Gift Cards cannot be used in conjunction with other offers to make a purchase as notified from time to time.

6-1.  E-Gift Cards will automatically expire 12 months after the date of purchase. The E-Gift Card will not be capable of use after that date and any unused balance on the card will be lost.

E-Gift Cards cannot be redeemed or exchanged for cash or vouchers (including another E-Gift Card) and are non-transferable. If the price payable on any relevant order exceeds the amount of the E-Gift Card the balance must be paid by a credit or debit card or other payment method accepted by us. The value of any purchases made using the E-Gift Card will be deducted from the value stated on the E-Gift Card. Any remaining balance can be used before the expiry date of the E-Gift Card for future purchases. You can check the balance on any E-Gift Card by using the link in the email you receive to activate the E-Gift Card. E-Gift Cards cannot be topped up.

6-2. Cancellation of E-Gift Card

You have the right to cancel a contract for the purchase of an E-Gift Card within 14 days without giving any reason. You must notify us by email at hello@umeshuya.co.uk

Where any purchase made using an E-Gift Card is cancelled in accordance with any applicable Refund Policy and the total purchase price has been paid using an E-Gift Card, any refund will be applied to that E-Gift Card. Where that price has been paid using an E-Gift Card and a credit or debit card the refund will be applied to the E-Gift Card and the relevant payment card on a pro-rata basis to the amounts paid using those differing methods.

If for any reason payment is not made by your bank or card company for the initial purchase of the E-Gift Card or there is any chargeback requested by you the E-Gift Card and its value will be cancelled.

When using an E-Gift Card to purchase any products certain personal information will need to be provided during the ordering process. Any personal data that is provided during the purchase process or in connection with the use of an E-Gift Card may be stored in our database. Please refer to our Privacy Policy on how we collect, store, use and process these various kinds of personal data.

We reserve the right to refuse to accept any E-Gift Card in payment or part payment for any products where we reasonably suspect that the E-Gift Card or any amount on it may have been stolen or obtained by fraud or in any other illegal way. The cancellation period will expire after 14 days from the day of the conclusion of the contract. If you cancel the contract within the agreed period, we will reimburse you for the relevant payments received from you using the same means of payment as you used for the initial transaction.

7 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase 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.

For more detail, please review our Returns Policy.

8 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
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 the 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 tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

9 - THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully 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 should be directed to the third-party.

10 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libellous 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 e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

11 - PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy. Please review our Privacy Policy.

12 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

13 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, national, regional or countries regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

14 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We have taken every effort and care in representing the website content. The content is provided for general information only, but it is not intended to amount to advice on which you should rely. We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. The links should not be interpreted as approval by us of those linked website or information since we have no control over the contents of those sites or resources.
 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.


You agree not to use our site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.


15 - GOVERNING LAW
These terms of use and their subject matter are governed by English law. The Courts of England and Wales will have exclusive jurisdiction except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.


16 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to UMESHUYA LONDON by email at hello@umeshuya.co.uk

Version: January 2023