Terms of service
TERMS OF SERVICE — KIOKUDEN
OVERVIEW
Welcome to KiokuDen. The terms "we", "us" and "our" refer to KiokuDen. KiokuDen operates this store and website, including all related information, content, features, tools, products and services in order to provide you, the customer, with a curated shopping experience (the "Services"). KiokuDen is powered by Shopify, which enables us to provide the Services to you.
The below terms and conditions, together with any policies referenced herein (these "Terms of Service" or "Terms") describe your rights and responsibilities when you use the Services.
Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability.
By visiting, interacting with or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy [LINK]. If you do not agree to these Terms of Service or Privacy Policy, you should not use or access our Services.
SECTION 1 — ACCESS AND ACCOUNT
By agreeing to these Terms of Service, you represent that you are at least 18 years of age. If you are under 18, you may only use our Services with the involvement and consent of a parent or legal guardian.
To use the Services, including accessing or browsing our store or purchasing any products or services we offer, you may be asked to provide certain information, such as your email address, billing, payment and shipping information. You represent and warrant that all information you provide is correct, current and complete, and that you have all rights necessary to provide it.
You are solely responsible for maintaining the security of your account credentials and for all activity on your account. You may not transfer, sell, assign or license your account to any other person.
SECTION 2 — OUR PRODUCTS
We have made every effort to accurately represent our products and services. However, colours or product appearance may differ from how they appear on your screen due to your device type, settings and configuration.
We do not warrant that the appearance or quality of any products purchased will meet your expectations or be identical to how they are depicted in our store.
All product descriptions are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue any product at any time and may limit quantities available to any person, geographic region or jurisdiction on a case-by-case basis.
SECTION 3 — ORDERS
When you place an order, you are making an offer to purchase. KiokuDen reserves the right to accept or decline your order for any reason at its discretion. Your order is not accepted until KiokuDen confirms acceptance. We must receive and process your payment before your order is accepted.
Please review your order carefully before submitting, as KiokuDen may be unable to accommodate cancellation requests after an order has been accepted. In the event that we do not accept, amend or cancel an order, we will attempt to notify you using the contact details provided at the time of ordering.
Your purchases are subject to return or exchange solely in accordance with our Returns Policy [LINK].
You represent and warrant that your purchases are for your own personal or household use and not for commercial resale or export.
SECTION 4 — PRICES AND BILLING
Prices, discounts and promotions are subject to change without notice. The price charged for a product will be the price in effect at the time the order is placed and will be confirmed in your order confirmation email. Unless otherwise stated, prices displayed do not include VAT (where applicable), shipping, handling or import charges.
Prices in our store may differ from those offered through third-party platforms or physical retailers. We may offer promotions from time to time that are governed by separate terms; where there is a conflict, the promotion terms will take precedence.
You agree to provide current, complete and accurate payment and account information for all purchases. You agree to promptly update your account details, including your email address and payment information, so that we can complete your transactions and contact you as needed.
You represent and warrant that: (i) any payment information you provide is true, correct and complete; (ii) you are authorised to use the payment method provided; (iii) charges incurred will be honoured by your payment provider; and (iv) you will pay all charges incurred, including shipping and any 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 carriers, customs processing or events outside our control. Once we transfer products to the carrier, risk of loss passes to you.
SECTION 6 — INTELLECTUAL PROPERTY
Our Services, including all trademarks, brands, text, displays, images, graphics, product reviews, video and audio, and the design, selection and arrangement thereof, are owned by KiokuDen, its affiliates or licensors and are protected by United Kingdom and international copyright, trademark and other intellectual property laws.
These Terms permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, republish, download, store or transmit any material from the Services without our prior written consent.
KiokuDen's name, logo, product and service names, designs and slogans are trademarks of KiokuDen. You must not use such trademarks without our prior written permission. Shopify's name, logo and related marks are trademarks of Shopify Inc. All other trademarks belong to their respective owners.
SECTION 7 — OPTIONAL TOOLS
You may be provided with access to tools offered by third parties as part of the Services, which we neither monitor nor have any control over.
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. We shall have no liability arising from or relating to your use of any optional third-party tools.
Any use of optional tools is entirely at your own risk and discretion. We may also offer new features through the Services in the future, which shall be subject to these Terms.
SECTION 8 — THIRD-PARTY LINKS
The Services may contain links or references to third-party websites. We are not responsible for the content, accuracy or practices of any third-party site. If you choose to leave our Services to access third-party content, you do so at your own risk.
We are not liable for any harm or damages related to your use of third-party websites or your purchase of products or services from them. Please review the relevant third-party's policies before engaging in any transaction. Complaints regarding third-party products or services should be directed to the relevant third party.
SECTION 9 — RELATIONSHIP WITH SHOPIFY
KiokuDen is powered by Shopify, which enables us to provide the Services to you. However, all sales and purchases made in our store are made directly with KiokuDen. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of transactions between you and KiokuDen, including any injury, damage or loss resulting from purchased products. You expressly release Shopify and its affiliates from all claims, damages and liabilities arising from your purchases and transactions with KiokuDen.
SECTION 10 — PRIVACY POLICY
All personal information we collect through the Services is subject to our Privacy Policy [LINK]. Certain personal information may also be subject to Shopify's Privacy Policy. By using the Services, you acknowledge that you have read and understood these policies.
Because the Services are hosted by Shopify, Shopify collects and processes personal information about your access to and use of the Services. Information you submit may be shared with Shopify and third parties in other countries in order to provide services to you.
SECTION 11 — FEEDBACK
If you submit any ideas, suggestions, feedback, reviews or proposals (collectively "Feedback"), you grant us a perpetual, worldwide, royalty-free licence to use, reproduce, modify, publish and distribute such Feedback for any purpose, including to operate, improve and promote the Services.
You represent and warrant that you own or have the necessary rights to all Feedback you submit, and that your Feedback will comply with these Terms and not infringe any third-party rights. We are under no obligation to maintain your Feedback in confidence, pay compensation for it, or respond to it.
We may monitor, edit or remove Feedback that we determine to be unlawful, offensive, defamatory or otherwise objectionable, or that violates these Terms or any third-party rights.
SECTION 12 — ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on the Services that contains typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, shipping charges, transit times or availability. We reserve the right to correct any such errors and to change or update information or cancel orders at any time without prior notice.
SECTION 13 — PROHIBITED USES
You may access and use the Services for lawful purposes only. You may not use the Services: (a) for any unlawful or malicious purpose; (b) to violate any applicable laws or regulations; (c) to infringe our intellectual property rights or those of any third party; (d) to harass, abuse, harm or defame any person; (e) to transmit false or misleading information; (f) to send unsolicited advertising or promotional material; (g) to impersonate any person or entity; or (h) to engage in any conduct that restricts or inhibits anyone's use or enjoyment of the Services.
You also agree not to: (a) upload or transmit viruses or malicious code; (b) reproduce, sell or exploit any portion of the Services; (c) collect personal information of others; (d) use any automated tools, scrapers or AI agents to access the Services without authorisation; or (e) interfere with or circumvent the security features of the Services. We reserve the right to suspend or terminate your account at any time if we determine you have violated these Terms.
SECTION 14 — AGENTS
14.1 This section applies if you use, enable or deploy any automated software or service ("Agent") to access or interact with the Services.
14.2 No Agent may access the Services unless it identifies itself clearly and complies with the requirements in section 14.4. No Agent may access the Services if we have requested it refrain from doing so.
14.3 We may limit, including by technical measures, whether and how any Agent accesses the Services.
14.4 Agents must: (i) identify themselves as an Agent in all HTTP/HTTPS requests via the user agent string; (ii) not conceal or misrepresent that interactions are from an Agent; (iii) respond truthfully to any prompt seeking to determine if interactions are from a human or computer; and (iv) not circumvent any measures intended to block or control Agent access.
SECTION 15 — TERMINATION
We may terminate this agreement or your access to the Services at any time without notice at our sole discretion, and you will remain liable for all amounts due up to the date of termination.
The following sections will survive termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Governing Law, Privacy Policy, and any other provisions that by their nature should survive.
SECTION 16 — DISCLAIMER OF WARRANTIES
Information presented through the Services is provided for general information purposes only. We do not warrant its accuracy, completeness or usefulness. Any reliance you place on such information is at your own risk.
EXCEPT AS EXPRESSLY STATED BY KIOKUDEN, THE SERVICES AND ALL PRODUCTS ARE PROVIDED 'AS IS' AND 'AS AVAILABLE', WITHOUT ANY REPRESENTATION, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE AND NON-INFRINGEMENT. NOTHING IN THESE TERMS AFFECTS YOUR STATUTORY RIGHTS AS A CONSUMER UNDER APPLICABLE UK LAW.
SECTION 17 — LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, KIOKUDEN, OUR PARTNERS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS AND SERVICE PROVIDERS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING LOST PROFITS, LOST REVENUE, LOSS OF DATA OR REPLACEMENT COSTS, ARISING FROM YOUR USE OF THE SERVICES OR ANY PRODUCTS PURCHASED THROUGH THE SERVICES.
NOTHING IN THESE TERMS LIMITS OR EXCLUDES OUR LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE, FRAUD OR FRAUDULENT MISREPRESENTATION, OR ANY OTHER LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE UK LAW.
SECTION 18 — INDEMNIFICATION
You agree to indemnify, defend and hold harmless KiokuDen, Shopify, and our affiliates, partners, officers, directors, employees, agents and service providers from any losses, damages, liabilities or claims, including reasonable legal fees, arising out of: (1) your breach of these Terms; (2) your violation of any law or third-party rights; or (3) your access to and use of the Services.
We will notify you of any indemnifiable claim. We may control the defence and settlement of such a claim at your expense but will not settle any claim requiring non-monetary obligations from you without your consent.
SECTION 19 — SEVERABILITY
If any provision of these Terms is found to be unlawful, void or unenforceable, that provision shall be enforced to the fullest extent permitted by law and the unenforceable portion shall be severed from these Terms. This shall not affect the validity or enforceability of any remaining provisions.
SECTION 20 — WAIVER; ENTIRE AGREEMENT
Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of that right or provision.
These Terms of Service, together with any policies posted on this site, constitute the entire agreement between you and KiokuDen regarding your use of the Services and supersede all prior agreements, communications and proposals.
SECTION 21 — ASSIGNMENT
You may not transfer or assign this agreement or any of your rights under these Terms without our prior written consent. We may transfer, assign or delegate these Terms and our rights and obligations without notice to you.
SECTION 22 — GOVERNING LAW
These Terms of Service and any agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of England and Wales. You and KiokuDen agree to submit to the exclusive jurisdiction of the courts of England and Wales to resolve any dispute or claim arising out of or in connection with these Terms.
SECTION 23 — HEADINGS
Headings in these Terms are included for convenience only and shall not affect their interpretation.
SECTION 24 — CHANGES TO TERMS OF SERVICE
We reserve the right to update or replace any part of these Terms at any time by posting changes to this page. We will notify you of any material changes in accordance with applicable law. Your continued use of the Services following any changes constitutes acceptance of those changes.
SECTION 25 — CONTACT INFORMATION
Questions about these Terms of Service should be sent to: kiokuden@gmail.com
KiokuDen
Brookfield,
Clampgate Road,
Boston,
PE21 0SE