By using SUGIMOTO SEICHA USA INC.’s products (“Products”) and services or web sites (“Services”), you agree to the following terms and conditions, and any policies, guidelines or amendments thereto that may be presented to you from time to time, including but not limited to Program Policies and Legal Notices (collectively, the “Terms”). We may update the Terms in the future, and you will be able to find the most current version of this agreement at sugimotousa.com/terms-and-conditions.
1. USE OF PRODUCTS AND SERVICES
SUGIMOTO SEICHA USA INC. (“Company”) offers Products and Services to you. In order to access and or purchase certain Products and/or Services, you may be required to provide current, accurate identification, contact, and other information as part of the registration and purchase process and/or continued use of Company Services.
2. APPROPRIATE CONDUCT
You agree to use Company Services only for purposes that are legal, proper and in accordance with the Terms and any applicable policies or guidelines. You agree that you will not engage in any activity that interferes with or disrupts Company Services. To report any activity or Content that may violate the Terms, please go to sugimotousa.com/contact
In addition to this Agreement, your use of some specific Company Products and Services are governed by the policies or guidelines specific to those Products and/or Services and which are specifically incorporated into this agreement.
You understand that the technical processing and transmission of Company Services, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks, devices or services.
4. PROPRIETARY RIGHTS
You acknowledge and agree that Company Products and/or Services and any necessary software used in connection with Company Products and/or Services (“Software”) contain proprietary and confidential information that are protected by applicable intellectual property and other laws and treaties. You further acknowledge and agree that Content contained in sponsor advertisements or presented to you through Company Products and/or Services are protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by Company or other proper third party rights holders, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on Content, Company Products and/or Services in whole or in part except as specifically authorized in a separate written agreement.
trademark, service mark, trade dress, company name, or product name in a way that is likely to cause confusion among consumers. You also agree not to remove, obscure, or alter Company’s or any third party’s copyright notice, trademarks, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through the Company Products and/or Services or Software.
We ship orders within 24 business hours. Mostly, orders placed by 12pm PST are shipped in the same business day. We offer the following shipping options.
A. Shipping to Continental U.S. by UPS
(Does not include orders to HI or AK)
|Component||UPS Ground||UPS 2nd Day Air||UPS Next Day Air|
|Orders ≤ $74.99||$7.95||Actual Cost*||Actual Cost*|
|Orders ≥ $75.00||Free||Actual Cost*||Actual Cost*|
*The actual cost for express service is calculated during a check-out process.
B. Shipping to HI & AK by USPS
Shipping to HI or AK is processed by USPS Priority Mail unless you choose the UPS express service. USPS Priority Mail generally takes 3 – 5 business days to deliver.
|Component||USPS Priority Mail||UPS 2nd Day Air||UPS Next Day Air|
|Orders ≤ $74.99||$10.95||Actual Cost*||Actual Cost*|
|Orders ≥ $75.00||Free||Actual Cost*||Actual Cost*|
*The actual cost for express service is calculated during a check-out process.
C. International Shipping
We gladly ship orders for our International Customers. All international orders are processed by USPS International Priority Mail, and shipping cost will be calculated during a check-out process.
6. RETURN POLICY
You may return most items sold by Company within 30 days of delivery for a full refund (less original S&H fee), and we will only pay the return shipping cost if the return is a result of our error. Please note that Company is unable to exchange or return items unless you received a damaged, defective, or incorrect item upon arrival of your package. All such cases must be reported to the Company within 3 days of delivery, otherwise, the sale is considered firm and we will be unable to issue any returns or exchanges.
We also cannot accept returns or exchanges for certain items under any circumstances, including:
- Any item that is returned more than 30 days after delivery.
- Any item that is not in its original condition, is damaged, or is missing parts.
- Any product missing the serial number or UPC.
- Any “Final Sale” items as marked on the Product’s Description page.
If you received your item(s) from Company as a gift from your friend or relative who placed the order through our Online Store, please have the gift giver contact us to arrange the appropriate return or exchange.
7. MODIFICATIONS TO PRODUCTS AND SERVICES
Company reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, Company Products and/or Services (or any part thereof) with or without notice. You agree that Company shall not be liable to you or to any third party for any modification, suspension or discontinuance of Company Products and/or Services.
Some Company Products and Services are supported by advertising revenue and may display advertisements and promotions on them. Such advertisements may be targeted to the content of information stored on the Company Services. The manner, mode and extent of advertising by Company on its Products and Services are subject to change. As consideration for your use of Company Products and Services, you agree that Company may place such advertising and that Company shall not be responsible or liable for any loss or damage of any sort incurred by you as a result of the presence of such advertisers on Company Products and/or Services or your subsequent dealings with advertisers.
Company makes no representations as to the security, quality or propriety of any website which may be accessed through this Website. Connected websites accessed through this Website are independent Websites over which Company does not exercise any control, whether financial, editorial or of any other kind and are not in any way endorsed by Company. Company is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
You agree to hold harmless and indemnify Company, and its subsidiaries, affiliates, officers, agents, employees, advertisers, licensors, suppliers or partners, (collectively “Company and Partners”) from and against any third party claim arising from or in any way related to your use of Company Products and/or Services, violation of the Terms or any other actions connected with use of Company Products and/or Services, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys’ fees, of every kind and nature, including the transaction of payment by third party vendors. In such a case, Company will provide you with written notice of such claim, suit or action.
11. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
- YOUR USE OF COMPANY PRODUCTS AND SERVICES IS AT YOUR SOLE RISK. COMPANY PRODUCTS AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMPANY AND PARTNERS EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
- COMPANY AND PARTNERS DO NOT WARRANT THAT (i) COMPANY PRODUCTS AND SERVICES WILL MEET YOUR REQUIREMENTS, (ii) COMPANY PRODUCTS AND SERVICES WILL BE TIMELY, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF COMPANY PRODUCTS AND SERVICES WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH COMPANY SERVICES WILL MEET YOUR EXPECTATIONS.
- ANY MATERIAL OBTAINED USING COMPANY PRODUCTS AND SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THE USE OF SUCH MATERIAL.
- NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM COMPANY OR THROUGH OR FROM COMPANY SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
12. LIMITATION OF LIABILITY
COMPANY WILL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL OR OTHER DAMAGE RESULTING FROM THE TRANSMISSION FROM THE COMPANY WEBSITE TO YOUR COMPUTER SYSTEMS OF VIRUSES, WORMS, TROJAN HORSES OR OTHER DESTRUCTIVE ITEMS, HOWEVER CAUSED, SUCH DAMAGE TO INCLUDE, WITHOUT LIMITATION, LOSS OF PROFITS, INTERRUPTION TO BUSINESS, LOSS OF THE WHOLE OR ANY PART OF A PROGRAM OR ANY DATA HOWSOEVER STORED WHETHER SAVED ON A COMPUTER SYSTEM OR OTHERWISE.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT COMPANY AND PARTNERS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF COMPANY OR PARTNERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM: (i) THE USE OR THE INABILITY TO USE COMPANY PRODUCTS AND SERVICES; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION PRODUCTS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM COMPANY SERVICES; (iii) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON COMPANY PRODUCTS AND SERVICES; OR (iv) ANY OTHER MATTER RELATING TO COMPANY PRODUCTS AND SERVICES.
13. EXCLUSIONS AND LIMITATIONS
NOTHING IN THIS AGREEMENT IS INTENDED TO EXCLUDE OR LIMIT ANY CONDITION, WARRANTY, RIGHT OR LIABILITY WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE ABOVE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
14. NO THIRD PARTY BENEFICIARIES
You agree that, except as otherwise expressly provided in the Terms, there shall be no third party beneficiaries to the Terms.
You agree that Company may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on Company Products and Services.
16. FORCE DE JURE
The obligations of Company to fulfill the terms of this Agreement will be waived in the event of force majeure (such as, but not limited to, inclement weather, public emergency or calamity, strike, labor disturbance, fire, interruption of transportation, casualty, physical disability, illness, flood, Act of God, or other disturbance or any governmental restriction) prevents normal and usual operation of Company.
17. GENERAL INFORMATION
Entire Agreement. The Terms (including any policies, guidelines or amendments that may be presented to you from time to time such as Program Policies and Legal Notices) constitute the entire agreement between you and Company and govern your use of Company Products and Services, superseding any prior agreements between you and Company for the use of Company Products and Services. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other Company Products and/or Services, affiliate services, third-party content or third-party software.
Choice of Law and Forum. The Terms and the relationship between you and Company shall be governed by the laws of the State of Washington without regard to its conflict of law provisions. You and Company agree to submit to the personal and exclusive jurisdiction of the courts located within King County, Washington.
Waiver and Severability of Terms. The failure of Company to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.
Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of Company Product and/or Services or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section headings in the Terms are for convenience only and have no legal or contractual effect.