Terms of service

Overview

Welcome to Haikara. “We,” “us” and “our” refer to Haikara. We operate this store and website, including associated information, content, features, tools, products and services (the “Services”), powered by Shopify.

These Terms of Service, together with the policies referenced here, describe your rights and responsibilities. Please read them carefully, including the warranty disclaimers and limitations of liability. By visiting or using the Services, you agree to these Terms and our Privacy Policy. If you disagree, do not use the Services. Nothing in these Terms excludes or restricts mandatory consumer rights or liability that cannot lawfully be excluded.

1. Access and accounts

You represent that you are at least the age of majority where you live and consent to use by minor dependants on devices you own, purchase or manage. You may need to provide contact, billing, payment and shipping details. Information must be accurate, current and complete, and you must have the right to provide it. You are responsible for your account credentials and activity. You may not transfer, sell, assign or license your account to another person.

2. Our products

We make efforts to present products accurately, but colors and appearance may vary with your device and settings. Subject to mandatory rights concerning quality and conformity, we do not promise that appearance or quality will meet every personal expectation. Product descriptions may change, and we may discontinue products or limit quantities by person, region or jurisdiction.

3. Orders

An order is an offer to purchase. We may accept or decline it; acceptance occurs when we confirm it after receiving and processing payment. Review orders before submitting them, as cancellation before dispatch may not always be possible. If an order is declined, changed or cancelled, we will attempt to notify you using the contact details provided. Returns and exchanges are governed by our Refund Policy and applicable statutory rights. Purchases are for personal or household use, not commercial resale or export.

4. Prices and billing

Prices, discounts and promotions may change. The price applicable when you order is reflected in your confirmation. Unless otherwise indicated or required by law, listed prices do not include shipping, handling, customs or import charges. Applicable taxes and charges are disclosed as required before purchase. Prices may differ from other stores. Separate promotion terms prevail where they conflict with these Terms.

Provide complete, accurate and current purchase, payment and account details, and promptly update email and payment information. You represent that card information is accurate, you are authorized to use the card, the issuer will honor the charges and you will pay applicable prices, shipping, fees and taxes.

5. Shipping and delivery

Delivery times are estimates. Delays may arise from carriers, customs or events beyond our control. Please see our Shipping Policy. The source terms provide for title and risk to pass upon transfer to the carrier, but this applies only where legally permitted. Where mandatory consumer law keeps risk with the seller until you or your designated recipient receives the goods, that law takes precedence.

6. Intellectual property

The Services, including trademarks, brands, text, displays, images, graphics, reviews, video, audio, design and arrangement, belong to Haikara, its affiliates or licensors and are protected by applicable intellectual property laws. You may use the Services for personal, non-commercial purposes only. Without prior written permission, you may not reproduce, distribute, modify, create derivative works, publicly display or perform, republish, download, store or transmit materials except as legally permitted. No other license or intellectual property right is granted, and all ungranted rights are reserved.

Haikara names, logos, product and service names, designs and slogans are trademarks of Haikara or its affiliates or licensors. Shopify marks belong to Shopify. Other marks belong to their respective owners. Their use requires the applicable owner's permission.

7. Optional tools

We may provide access to third-party tools that we do not monitor or control. Subject to applicable law, these are provided “as is” and “as available,” without endorsement or warranties, and use is at your discretion and risk. Review the provider's terms. Future features and tools form part of the Services and are subject to these Terms.

8. Third-party links

The Services may include third-party content, links and embedded features. We are not responsible for examining their accuracy or content. Review third-party policies before transacting. Complaints about third-party products or services should be directed to the provider. Any disclaimer of liability applies only to the extent permitted by law.

9. Relationship with Shopify

Haikara is powered by Shopify, which enables us to provide the Services. Sales and purchases in this store are directly with Haikara. You acknowledge that Shopify is not responsible for aspects of sales between you and Haikara, including injury, damage or loss arising from purchased products or services. To the extent permitted by law, you release Shopify and its affiliates from claims, damages and liabilities arising from purchases and transactions with Haikara.

10. Privacy

Personal information is subject to our Privacy Policy and, where applicable, Shopify's Privacy Policy. Shopify hosts the Services and collects and processes information about access and use to provide and improve them. Submitted information may be transmitted to Shopify and third parties outside your country. Read our Privacy Policy for details.

11. Feedback

By submitting ideas, suggestions, feedback, reviews, proposals, plans or other content (“Feedback”), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute and display it in any medium for any purpose, including commercial purposes. This may include operating, providing, evaluating, improving and promoting the Services and fulfilling obligations or exercising rights.

You represent that you have all necessary rights, disclose compensation or incentives associated with Feedback, and comply with these Terms. We need not keep Feedback confidential, pay for it or respond. We may, but need not, monitor, edit or remove unlawful, offensive, threatening, defamatory, pornographic, obscene, otherwise objectionable or infringing content.

Feedback must not infringe intellectual property, privacy, personality or other rights, contain unlawful, abusive, hateful or obscene content, or include viruses or malware. Do not use a false email address, impersonate others or mislead about its source. You are responsible for your Feedback and its accuracy.

12. Errors and omissions

Information may contain errors or omissions concerning descriptions, prices, promotions, offers, shipping charges, transit times or availability. Subject to applicable law, we may correct, update or cancel orders affected by inaccurate information, including after submission.

13. Prohibited uses

Use the Services only lawfully. Do not use them for unlawful or malicious purposes; violate laws or regulations; infringe rights; harass, abuse, threaten, defame or harm people; submit false or misleading information or prohibited materials; send spam or unsolicited promotions; impersonate others; or interfere with others' use or expose Haikara, Shopify or users to harm or liability.

Do not transmit malicious code, exploit or resell portions of the Services without authorization, collect others' personal information, engage in phishing or fraud, use automated extraction or access tools contrary to these Terms, or interfere with security, access controls or robot exclusions. We may suspend, disable or terminate accounts that violate these Terms.

14. Agents

14.1 This section applies if you use, authorize, enable or deploy software or services that act autonomously or semi-autonomously on behalf of a person or entity to access or interact with the Services (“Agents”).

14.2 Agents may access or interact with the Services only if they identify themselves and comply with section 14.4. They must stop if asked not to access or interact with the Services.

14.3 We may limit whether and how Agents access or interact with the Services, including through technical measures.

14.4 Agents must identify agent-originated HTTP/HTTPS requests and disclose their name through a user-agent string in the form “Agent/[agent name]”; not conceal or disguise their identity by imitating human interaction or completing or bypassing CAPTCHAs or other human-verification measures; respond truthfully to questions about whether an interaction is human or automated; and not bypass controls that block, limit or regulate agent access.

15. Termination

Subject to applicable law, we may terminate this agreement or access to all or part of the Services at our discretion. Amounts due up to termination remain payable. Provisions concerning intellectual property, Feedback, termination, warranties, liability, indemnity, severability, waiver, entire agreement, assignment, governing law, privacy and others intended by their nature to survive remain effective.

16. Disclaimer of warranties

General information on the Services is provided for information purposes. To the extent permitted by law, we do not warrant its accuracy, completeness or usefulness, and reliance is at your risk. Except as expressly stated by Haikara or required by law, the Services and products are provided “as is” and “as available,” without express or implied warranties or conditions, including merchantability, quality, fitness for purpose, durability, title or non-infringement. We do not guarantee uninterrupted, timely, secure or error-free service. Some jurisdictions limit these exclusions; mandatory rights remain unaffected.

17. Limitation of liability

To the maximum extent permitted by law, Haikara and its partners, directors, officers, employees, affiliates, agents, contractors, service providers and licensors, and Shopify and its affiliates, disclaim liability for injury, loss, claims and direct, indirect, incidental, punitive, special or consequential damages, including lost profits, revenue, savings or data, replacement costs and similar losses, arising from use of the Services or products, whether in contract, tort, strict liability or otherwise, including content errors or omissions. This does not exclude liability that cannot lawfully be excluded or restrict mandatory consumer remedies.

18. Indemnification

To the extent permitted by law, you agree to indemnify, defend and hold harmless Haikara, Shopify and their affiliates, partners, officers, directors, employees, agents, contractors, licensors and service providers from third-party losses, damages, liabilities or claims, including reasonable legal fees, arising from your breach of these Terms or incorporated documents, violation of law or third-party rights, or access to or use of the Services. We will notify you of covered claims; delayed notice does not remove obligations unless it materially prejudices you. We may control defense and settlement, including counsel, at your expense, but will not settle a claim requiring non-monetary obligations from you without consent, not to be unreasonably withheld. You agree to cooperate, including by providing relevant documents.

19. Severability

If a provision is unlawful, invalid or unenforceable, it will apply to the fullest lawful extent, with the unenforceable portion severed. Remaining provisions remain valid.

20. Waiver and entire agreement

Failure to enforce a right or provision is not a waiver. These Terms and posted policies or operating rules form the entire agreement concerning the Services and supersede prior or contemporaneous agreements, communications and proposals, including earlier versions. Interpretation ambiguities are not to be construed against the drafting party, to the extent permitted by law.

21. Assignment

You may not delegate, transfer or assign this agreement or your rights or obligations without our prior written consent. We may transfer, assign or delegate our rights and obligations to the extent permitted by law and without reducing your mandatory protections.

22. Governing law

These Terms and separate agreements for the Services are governed by the laws of the jurisdiction where Haikara is headquartered, with jurisdiction in its applicable federal, state or territorial courts. Mandatory protections and jurisdiction rights available to consumers in their country of residence take precedence.

23. Headings

Headings are for convenience and do not limit the Terms.

24. Changes

The current Terms are available on this page. We may update or replace provisions by posting changes here. Review them periodically. We will notify you of material changes where required by law; they take effect on the stated date. Continued use after changes take effect signifies acceptance where legally applicable.