Terms of service

TERMS OF SERVICE

OVERVIEW

Welcome to our online store. The terms "we", "us" and "our" refer to WESTWOOD HILLS, INC. WESTWOOD HILLS, INC. 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"). Our store is powered by Shopify, which enables us to provide the Services to you.

The following 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. 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 the age of majority in your state, province or country of residence, or that you are the age of majority and have given us your consent to allow any of your minor dependents to use the Services on devices you own, purchase or manage.

To use the Services, including accessing or browsing our online 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 this information.

You are solely responsible for maintaining the security of your account credentials and for all activity conducted through your account. You may not transfer, sell, assign or license your account to another person.

SECTION 2 - OUR PRODUCTS

We make reasonable efforts to provide accurate representations and descriptions of products offered through our store. However, colors, dimensions or product appearance may differ from how they appear on your screen due to your device, display settings, manufacturing variations or other factors.

We do not warrant that the appearance or quality of any product purchased through the Services will exactly match how it appears in photographs, videos, illustrations or other representations displayed through our store.

Product descriptions, prices and availability may change at any time without notice. We reserve the right to discontinue products or limit quantities offered to any person, geographic region or jurisdiction.

SECTION 3 - ORDERS

When you place an order, you are making an offer to purchase. WESTWOOD HILLS, INC. reserves the right to accept, decline or cancel an order where reasonably necessary, including because of product availability, suspected fraud, pricing errors or other legitimate reasons.

Your order is not accepted until we confirm acceptance and payment has been successfully processed.

Please review your order carefully before submitting it. We may be unable to accommodate cancellation or modification requests after an order has entered processing or fulfillment.

If we decline, modify or cancel an order, we will attempt to notify you using the email address, billing information or other contact information provided with the order.

Purchases are subject to our Return and Refund Policy.

You represent that purchases made through the Services are for lawful purposes.

SECTION 4 - PRICES AND BILLING

Prices, discounts and promotions are subject to change without notice. The price charged will be the price displayed at checkout when the order is placed.

Unless otherwise expressly stated, applicable taxes, duties, customs charges or other charges may be added where required.

You agree to provide current, complete and accurate purchase, payment and account information.

You represent and warrant that you are authorized to use any payment method submitted in connection with your purchase and that charges incurred will be honored by the applicable payment provider.

SECTION 5 - SHIPPING AND DELIVERY

Orders are fulfilled and shipped through third-party suppliers, fulfillment partners and shipping carriers.

Shipping and delivery times displayed or communicated through our store are estimates and are not guaranteed.

Delivery may be affected by carrier delays, customs processing, weather, holidays, product availability, destination restrictions or other circumstances outside our reasonable control.

Tracking information will be provided when available.

Please review our Shipping Policy for additional information concerning shipping and delivery.

SECTION 6 - INTELLECTUAL PROPERTY

Our Services, including trademarks, brands, text, displays, graphics, images, videos, audio, website design and other content owned or licensed by us, are protected by applicable intellectual property laws.

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

You must not reproduce, distribute, modify, create derivative works from, publicly display, republish, download, store or transmit protected material from the Services without authorization from the applicable rights holder, except as permitted by law.

Nothing in these Terms grants you any license or ownership rights in intellectual property belonging to WESTWOOD HILLS, INC., Shopify, our suppliers, licensors or other third parties.

Shopify's name, logo and related trademarks belong to Shopify. Other names, logos, products and trademarks appearing through the Services belong to their respective owners.

SECTION 7 - OPTIONAL TOOLS

You may be provided access to tools or services offered by third parties as part of the Services.

We may not monitor or control these third-party tools. Your use of third-party tools is subject to any applicable terms and policies imposed by those third parties.

We may also introduce new features, services or resources in the future. Unless otherwise stated, such features form part of the Services and are subject to these Terms.

SECTION 8 - THIRD-PARTY LINKS

The Services may contain links, materials or functionality provided by third parties.

We are not responsible for examining or evaluating the accuracy, content, policies, products or services of third-party websites or services.

If you access a third-party website or service, you do so subject to that third party's applicable terms and policies.

Please review the policies and practices of third parties before entering into transactions with them.

SECTION 9 - RELATIONSHIP WITH SHOPIFY

Our store is powered by Shopify, which enables us to provide the Services to you.

However, sales and purchases made through our store are made directly with WESTWOOD HILLS, INC. Shopify is not the seller of products offered by WESTWOOD HILLS, INC.

By using the Services, you acknowledge that Shopify is not responsible for the products sold by WESTWOOD HILLS, INC. or for fulfillment of orders placed with WESTWOOD HILLS, INC., except to the extent required by applicable law.

SECTION 10 - PRIVACY POLICY

Personal information collected through the Services is handled in accordance with our Privacy Policy.

Because our store is hosted by Shopify, Shopify may collect and process personal information relating to your access to and use of the Services in order to provide and improve its services.

Information submitted through the Services may also be transmitted to service providers and other third parties involved in operating our store, processing payments, fulfilling orders, providing analytics, advertising or otherwise providing the Services.

Please review our Privacy Policy for additional information.

SECTION 11 - FEEDBACK

If you voluntarily submit reviews, suggestions, feedback, ideas, photographs or other content ("Feedback"), you grant us a non-exclusive, worldwide, royalty-free license to use, reproduce, modify, publish, distribute and display that Feedback for purposes related to operating, improving and promoting our Services, subject to applicable law.

You represent that you have the necessary rights to submit such Feedback and that it does not violate the rights of another person or applicable law.

We may remove Feedback that we reasonably determine violates these Terms or applicable law.

SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS

Information appearing through the Services may occasionally contain typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, shipping charges, delivery estimates or availability.

We reserve the right to correct errors, inaccuracies or omissions and to update information where reasonably necessary.

If an error materially affects an order you have already placed, we will take reasonable steps to notify you and provide any remedies required by applicable law.

SECTION 13 - PROHIBITED USES

You may use the Services only for lawful purposes.

You may not use the Services to violate applicable laws or regulations; infringe intellectual property or other rights; transmit malicious software; engage in fraud or deceptive conduct; harass or harm others; interfere with the operation or security of the Services; collect personal information unlawfully; or attempt to circumvent security or access restrictions.

We reserve the right to restrict or terminate access to the Services where we reasonably determine that these Terms or applicable law have been violated.

SECTION 14 - AUTOMATED SYSTEMS AND AGENTS

Automated systems, bots, agents or similar technologies must not access or interact with the Services in a manner that violates applicable law, circumvents technical protections, interferes with the Services, misrepresents the nature of the interaction or violates these Terms.

We may use reasonable technical measures to protect the Services against unauthorized automated access.

SECTION 15 - TERMINATION

We may suspend or terminate access to the Services where reasonably necessary, including in response to a material violation of these Terms, fraud, unlawful activity or threats to the security or operation of the Services.

Any provisions that by their nature should survive termination will continue to apply following termination.

SECTION 16 - DISCLAIMER OF WARRANTIES

To the fullest extent permitted by applicable law, the Services and products are provided on an "as is" and "as available" basis.

We do not guarantee that access to the Services will always be uninterrupted, timely, secure or error-free.

Nothing in these Terms excludes, limits or modifies any warranty, guarantee, right or remedy that cannot lawfully be excluded or limited under applicable consumer protection laws.

SECTION 17 - LIMITATION OF LIABILITY

To the fullest extent permitted by applicable law, WESTWOOD HILLS, INC., its directors, officers, employees, affiliates, contractors, service providers and licensors will not be liable for indirect, incidental, special, punitive or consequential damages arising from your use of the Services or products purchased through the Services.

Nothing in these Terms excludes or limits liability where such exclusion or limitation is prohibited by applicable law.

Your statutory consumer rights remain unaffected.

SECTION 18 - INDEMNIFICATION

To the extent permitted by applicable law, you agree to indemnify and hold harmless WESTWOOD HILLS, INC. and its affiliates, directors, officers, employees, agents, contractors, licensors and service providers from third-party claims arising from your material breach of these Terms, your unlawful use of the Services or your violation of another person's rights.

SECTION 19 - SEVERABILITY

If any provision of these Terms is determined to be unlawful, void or unenforceable, that provision will be enforced to the fullest extent permitted by applicable law and, where necessary, severed from these Terms.

The validity and enforceability of the remaining provisions will not be affected.

SECTION 20 - WAIVER; ENTIRE AGREEMENT

Our failure to exercise or enforce a right or provision of these Terms does not constitute a waiver of that right or provision.

These Terms, together with policies and notices incorporated into them, constitute the agreement governing your use of the Services, subject to any rights that cannot be excluded under applicable law.

SECTION 21 - ASSIGNMENT

You may not transfer or assign your rights or obligations under these Terms without our prior written consent, except where applicable law provides otherwise.

We may assign or transfer our rights and obligations in connection with a merger, acquisition, corporate restructuring, sale of assets or similar transaction, subject to applicable law.

SECTION 22 - GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Japan.

Any disputes arising out of or relating to these Terms or the Services shall be subject to the jurisdiction of the competent courts of Japan, subject to any mandatory consumer protection laws or jurisdictional rights that apply to the customer.

SECTION 23 - HEADINGS

Headings are provided for convenience only and do not limit or otherwise affect the interpretation of these Terms.

SECTION 24 - CHANGES TO TERMS OF SERVICE

We may update these Terms from time to time by posting an updated version through our website.

Where required by applicable law, we will provide notice of material changes.

Your continued use of the Services following the effective date of updated Terms constitutes acceptance of those Terms to the extent permitted by applicable law.

SECTION 25 - CONTACT INFORMATION

Questions about these Terms of Service should be sent to:

WESTWOOD HILLS, INC.
Yokohama, Kanagawa, Japan
Email: info@westwoodhills.jp