OVERVIEW

Welcome to Hanyori Skin! The terms “we”, “us” and “our” refer to Hanyori Skin. Hanyori Skin operates this store and website, including all related information, content, features, tools, products and services, in order to provide you, the customer, with a personalised shopping experience (the “Services”). Hanyori Skin is powered by Shopify, which enables us to provide the Services to you.

The following terms and conditions, together with any policies referred to 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 address matters such as warranty disclaimers and limitations of liability.

By visiting, interacting with or using our Services, you agree to be bound by these Terms and Conditions 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 confirm that you have reached the age of majority in the state, federal state or region in which you reside and that you have given us your consent to allow your minor dependants to use the Services on devices that you own, have purchased or manage.

To use the Services, including accessing or browsing our online stores or purchasing products or services offered by us, you may be required 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 are fully authorised to provide such information.

You are solely responsible for maintaining the security of your account login details and for all activities carried out through 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, please note that the colours or appearance of products may differ from those displayed on your screen due to the device you use to access the store and its settings and configuration.

We do not warrant that the appearance or quality of any products or services purchased by you will meet your expectations or correspond exactly to the representations shown in our online stores.

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

SECTION 3 – ORDERS

By placing an order, you submit an offer to purchase. Hanyori Skin reserves the right, at its sole discretion, to accept or reject your order for any reason.

Your order will only be considered accepted once it has been confirmed by Hanyori Skin. Acceptance of your order is subject to receipt and successful processing of your payment.

Please review your order carefully before submitting it, as Hanyori Skin may no longer be able to accommodate cancellation requests once an order has been accepted.

If we do not accept, modify or cancel an order, we will attempt to notify you using the email address, billing address and/or telephone number provided when the order was placed.

Returns or exchanges of purchases will only be handled in accordance with our Right of Withdrawal Policy [LINK].

You represent and warrant that your purchases are intended for your personal or household use and not for commercial resale or export.

SECTION 4 – PRICES AND BILLING

Prices, discounts and special offers may be changed without prior notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be stated in the order confirmation sent to you by email.

Unless expressly stated otherwise, displayed prices do not include taxes, shipping charges, handling charges, customs duties or import fees.

Prices displayed in our online stores may differ from prices in physical retail stores, online stores or other shops operated by third parties.

From time to time, we may offer promotions relating to the Services that may affect pricing and may be subject to terms and conditions different from these Terms. In the event of any conflict between the terms of a promotion and these Terms and Conditions, the terms of the promotion will prevail.

You agree to provide current, complete and accurate purchase, payment and account information for all purchases made through our stores.

You agree to promptly update your account and other information, including your email address, credit card numbers and expiry dates, so that we can complete your transactions and contact you where necessary.

You represent and warrant that:

1. The credit card information you provide is true, accurate and complete.

2. You are authorised to use the credit card for the purchase.

3. The charges incurred by you will be accepted by your credit card provider.

4. You will pay all charges incurred by you at the stated prices, including shipping and handling charges and all applicable taxes.

SECTION 5 – SHIPPING AND DELIVERY

We are not liable for delays in shipping or delivery. All delivery times are estimates only and are not guaranteed.

We are not responsible for delays caused by shipping carriers, customs clearance or events beyond our control.

Once we have handed the products over to the shipping carrier, title to the products and the risk of loss pass to you.

SECTION 6 – INTELLECTUAL PROPERTY

Our Services, including but not limited to all brands, trademarks, text, representations, images, graphics, product reviews, video and audio files, as well as their design, selection and arrangement, are owned by Hanyori Skin, its affiliates or licensors and are protected by United States and foreign patent, copyright and other intellectual property laws.

These Terms and Conditions permit you to use the Services solely for personal, non-commercial purposes.

Without our prior written consent, you may not reproduce, distribute or modify any material contained in the Services, create derivative works from it, publicly display or perform it, republish it, download it, store it or transmit it.

Except as expressly provided herein, nothing in these Terms and Conditions grants, or may be construed as granting, you any licence or other rights in any patent, trademark, copyright or other intellectual property belonging to Hanyori Skin, Shopify or any third party.

Unauthorised use of the Services may constitute a violation of federal and state intellectual property laws. All rights not expressly granted herein are reserved by Hanyori Skin.

The Hanyori Skin names, logos, product and service names, designs and slogans are trademarks of Hanyori Skin, its affiliates or licensors. You may not use these trademarks without the prior written permission of Hanyori Skin.

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 appearing within the Services are the trademarks of their respective owners.

SECTION 7 – OPTIONAL TOOLS

You may be provided with access to customer tools offered by third parties as part of the Services, which we do not monitor and over which we have no control or influence.

You acknowledge and agree that we provide access to such tools on an “as is” and “as available” basis, without any warranties, representations, conditions or endorsement of any kind.

We disclaim all liability arising from or relating to your use of optional third-party tools.

Any use of optional tools offered through the website is entirely at your own risk and discretion.

You are responsible for familiarising yourself with and accepting the terms and conditions under which such tools are provided by the relevant 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 will also be considered part of the Services and will 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 embedded third-party features.

We are not responsible for reviewing or evaluating the content or accuracy of any third-party materials or websites that you access at your own discretion.

If you choose to leave the Services in order to access third-party materials or websites, you do so at your own risk.

We are not liable for any damage or loss arising from your access to third-party websites or from the purchase or use of products, services, resources or content available on third-party websites.

You should carefully review the third party’s policies and procedures and make sure that you understand them before entering into any transaction.

Any complaints, claims, concerns or questions regarding third-party products or services should be directed to the relevant third party.

SECTION 9 – RELATIONSHIP WITH SHOPIFY

Hanyori Skin is powered by Shopify, which enables us to provide the Services to you.

However, all sales and purchases made in our store are entered into directly between you and Hanyori Skin.

By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of the transactions between you and Hanyori Skin, including injuries, damage or losses arising from products or services purchased.

You expressly release Shopify and its affiliates from all liability for any claims, damages and obligations arising from or relating to your purchases and transactions with Hanyori Skin.

SECTION 10 – PRIVACY POLICY

All personal data that we collect through the Services is subject to our Privacy Policy, which can be viewed here: [LINK].

Certain personal data may also be subject to Shopify’s Privacy Policy, which can be viewed here.

By using the Services, you confirm that you have read these privacy policies.

As the Services are hosted by Shopify, Shopify collects and processes personal data relating to your access to and use of the Services in order to provide and improve the Services for you.

Data that you submit through the Services will be shared with Shopify and third-party service providers, which may be located in countries other than the country in which you reside, in order to provide the Services to you.

Please refer to our Privacy Policy [LINK] for further information about how we, Shopify and our partners use your personal data.

SECTION 11 – FEEDBACK

If you submit, upload, post, email or otherwise transmit ideas, suggestions, feedback, reviews, proposals, plans or other content, collectively referred to as “Feedback”, you grant us a perpetual, worldwide, sublicensable and royalty-free licence to use, reproduce, modify, publish, distribute and display such Feedback in any medium and for any purpose, including commercial purposes.

For example, we may exercise our rights under this licence in order to operate, provide, evaluate, expand, improve and promote the Services, fulfil our obligations and exercise our rights under these Terms and Conditions.

You further represent and warrant that:

1. You own all Feedback content or otherwise possess all rights necessary to submit it.

2. You have disclosed all compensation or incentives received in connection with submitting your Feedback.

3. Your Feedback complies with these Terms and Conditions.

We are under no obligation to:

1. Keep your Feedback confidential.

2. Pay compensation for your Feedback.

3. Respond to your Feedback.

We reserve the right, but are not obligated, to monitor, edit or remove Feedback that we determine, at our sole discretion, to be unlawful, offensive, threatening, defamatory, libellous, pornographic, obscene or otherwise objectionable, or that infringes any party’s intellectual property rights or these Terms and Conditions.

You represent that your Feedback does not infringe any rights of third parties, including copyright, trademark rights, privacy rights, personality rights or other personal or proprietary rights.

You further represent that your Feedback does not contain defamatory or otherwise unlawful, abusive or obscene material and is free from computer viruses or other malware that could affect the operation of the Services or any related website in any way.

You may not use a false email address, impersonate another person or otherwise mislead us or third parties as to the origin of any Feedback.

You are solely responsible for your Feedback and its accuracy. We accept no responsibility or liability for Feedback posted by you or any third party.

SECTION 12 – ERRORS, INACCURACIES AND OMISSIONS

From time to time, information available on or through the Services may contain typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, offers, product shipping charges, delivery times and availability.

Where information is inaccurate, we reserve the right to correct errors, inaccuracies or omissions, change or update information or cancel orders at any time and 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 directly or indirectly access or use the Services:

a. For any unlawful or malicious purpose.
b. To violate any international, federal, provincial, state or local regulations, rules, laws or ordinances.
c. To infringe or violate our intellectual property rights or the intellectual property rights of others.
d. To harass, abuse, insult, injure, defame, slander, disparage, intimidate or harm any of our employees or any other person.
e. To submit 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 procure the sending of advertising or promotional material, including junk mail, chain letters, spam or any similar solicitation.
h. To impersonate or attempt to impersonate any other natural person or legal entity.
i. To engage in any other conduct that restricts or inhibits the use of the Services or that, in our judgement, may harm Hanyori Skin, Shopify or users of the Services or expose them to liability.

In addition, you agree not to:

a. Upload or transmit viruses or any other type of malicious code that may affect the functionality or operation of the Services in any way.
b. Reproduce, duplicate, copy, sell, resell or exploit any portion of the Services.
c. Collect or track the personal data of others.
d. Engage in spam, phishing, pharming, pretexting, spidering, crawling or scraping activities.
e. Interfere with or circumvent the security features of the Services, any related website, other websites or the internet.

We reserve the right to suspend, disable or terminate your account at any time and 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 any part thereof, at any time and without notice at our sole discretion.

You will remain liable for all amounts due up to and including the date of termination.

The following sections will 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 OF WARRANTIES

The information presented on or through the Services is provided solely for general informational purposes.

We do not warrant the accuracy, completeness or usefulness of this 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 such materials by you, other visitors to the Services or any other person who may be informed of their contents.

UNLESS EXPRESSLY STATED OTHERWISE BY HANYORI SKIN, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED FOR YOUR USE ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND.

THIS INCLUDES 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 PERMIT THE EXCLUSION OF IMPLIED OR OTHER WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.

SECTION 16 – LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW, HANYORI SKIN, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS OR LICENSORS, OR THOSE OF SHOPIFY AND ITS AFFILIATES, WILL UNDER NO CIRCUMSTANCES BE LIABLE FOR ANY INJURY, LOSS, CLAIM OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND.

THIS INCLUDES, WITHOUT LIMITATION, LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS OR ANY SIMILAR DAMAGES.

THIS LIMITATION APPLIES WHETHER BASED IN CONTRACT, TORT, INCLUDING NEGLIGENCE, STRICT LIABILITY OR OTHERWISE.

IT APPLIES TO DAMAGES ARISING FROM YOUR USE OF THE SERVICES OR ANY PRODUCTS OBTAINED THROUGH THE SERVICES, AS WELL AS ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES OR ANY PRODUCT.

THIS INCLUDES, WITHOUT LIMITATION, ERRORS OR OMISSIONS IN CONTENT OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF USING THE SERVICES OR ANY CONTENT OR PRODUCTS POSTED, 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 Hanyori Skin, Shopify and our affiliates, partners, officers, directors, employees, agents, contractors, licensors and service providers from and against any losses, damages, liabilities or claims payable to third parties, including reasonable legal fees, arising from:

1. Your breach of these Terms and Conditions or the documents incorporated by reference.

2. Your violation of any law or the rights of a third party.

3. Your access to and use of the Services.

We will notify you of any claim subject to indemnification, provided that failure to give prompt notice will not relieve you of your obligations unless you are materially prejudiced as a result.

We may control the defence and settlement of any such claim at your expense, including the selection of legal counsel.

However, we will not settle any claim that requires you to assume non-monetary obligations without your consent, which may not be unreasonably withheld.

You agree to cooperate in the defence of any indemnifiable claim, including by providing relevant documents.

SECTION 18 – SEVERABILITY

If any provision of these Terms and Conditions is found to be unlawful, void or unenforceable, that provision will nevertheless remain enforceable to the fullest extent permitted by applicable law.

The unenforceable portion will be deemed severed from these Terms and Conditions.

Such a determination will not affect the validity and enforceability of the remaining provisions.

SECTION 19 – WAIVER AND ENTIRE AGREEMENT

Our failure to exercise or enforce any right or provision of these Terms and Conditions will not constitute a waiver of that right or provision.

These Terms and Conditions and any policies or operating rules posted by us on this website or in relation to the Services constitute the entire agreement and understanding between you and us and govern your use of the Services.

They supersede all previous or contemporaneous agreements, communications and proposals, whether oral or written, between you and us, including previous versions of these Terms and Conditions.

Any ambiguities in the interpretation of these Terms and Conditions may not be interpreted against the party that drafted them.

SECTION 20 – ASSIGNMENT

You may not transfer, assign or delegate this agreement or any of your rights or obligations under these Terms and Conditions without our prior written consent.

Any attempted transfer, assignment or delegation without such consent will be null and void.

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

SECTION 21 – GOVERNING LAW

These Terms and Conditions and any separate agreements under which we provide Services to you will be governed by and interpreted in accordance with the laws applicable to the federal, state or territorial courts of the country in which Hanyori Skin has its registered office.

You and Hanyori Skin agree to the jurisdiction and personal jurisdiction of those courts.

SECTION 22 – HEADINGS

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

SECTION 23 – CHANGES TO THE TERMS AND CONDITIONS

You may review the most current version of these Terms and Conditions at any time on this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms and Conditions by posting updates and changes on our website.

It is your responsibility to check our website regularly for changes.

We will notify you of any material changes to these Terms in accordance with applicable law.

Such changes will take effect on the date specified in the notice.

Your continued use of or access to the Services after any changes to these Terms and Conditions have been posted constitutes your acceptance of those changes.

SECTION 24 – CONTACT INFORMATION

Questions regarding these Terms and Conditions should be sent to hanyori.skin@gmail.com.

Our contact information is set out below:

KARATAS / +49 176 56003975 / info@hanyoriskin.com