Términos del servicio

Overview

This website is operated by Tenkujima LLC. Throughout the site, the terms “we,” “us,” and “our” refer to Tenkujima. Tenkujima offers this website, including all information, content, products, tools, and services available from this site, to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.

By visiting our website and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following Terms of Service, including any additional terms, conditions, and policies referenced herein or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation browsers, customers, vendors, merchants, and contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms. If you do not agree to all the terms and conditions of this agreement, you may not access the website or use our Services.

Any new features, products, tools, or services added to the current store shall also be subject to these Terms of Service. We reserve the right to update, change, or replace any part of these Terms by posting updates and/or changes to our website. It is your responsibility to review this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Shopify Inc., which provides us with the online e-commerce platform that allows us to sell our products and services to you.

Section 1 — Online Store Terms

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state, province, or jurisdiction 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 this site.

You may not use our products or Services for any illegal or unauthorized purpose, nor may you, in the use of the Service, violate any laws in your jurisdiction, including but not limited to intellectual property laws, food safety laws, consumer protection laws, or export/import regulations.

You must not transmit any worms, viruses, malware, or any code of a destructive nature.

A breach or violation of any of these Terms may result in the immediate termination of your access to our Services.

Section 2 — General Conditions

We reserve the right to refuse service to anyone for any reason at any time, to the fullest extent permitted by law.

You understand that your content, excluding credit card information, may be transferred unencrypted and may involve transmissions over various networks and changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, use of the Service, access to the Service, or any contact on the website through which the Service is provided, without our express written permission.

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

Section 3 — Accuracy, Completeness, and Timeliness of Information

We make reasonable efforts to provide accurate and current information on our website. However, we are not responsible if information made available on this site is not accurate, complete, or current.

The material on this site is provided for general information only and should not be relied upon as the sole basis for making decisions. Any reliance on the material on this site is at your own risk.

This site may contain historical information. Historical information is provided for reference only and may not be current.

We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information unless required by law. You agree that it is your responsibility to monitor changes to our site.

Section 4 — Modifications to the Service and Prices

Prices for our products are subject to change without notice.

We reserve the right at any time to modify, suspend, or discontinue the Service, or any part or content thereof, without notice.

We shall not be liable to you or to any third party for any modification, price change, suspension, or discontinuance of the Service.

Section 5 — Products and Services

Certain products or services may be available exclusively online through our website. These products may have limited quantities and are subject to return or exchange only according to our Return & Refund Policy.

Tenkujima products are food products. For food safety and quality reasons, certain products may be non-returnable once opened, used, consumed, removed from original packaging, or otherwise tampered with.

We have made every effort to display as accurately as possible the colors, packaging, product images, and product descriptions that appear on our website. However, we cannot guarantee that your device’s display of any color, packaging detail, or product appearance will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis.

We reserve the right to limit the quantities of any products or services that we offer. All product descriptions, availability, and pricing are subject to change at any time without notice, at our sole discretion.

We reserve the right to discontinue any product at any time. Any offer for any product or Service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations.

Section 6 — Product Use, Storage, and Food Safety

Our matcha and related food products should be stored according to the instructions provided on the product packaging or on our website.

Matcha is sensitive to heat, moisture, light, and odor. Product quality may be affected by improper storage, handling, or exposure after delivery. Tenkujima is not responsible for quality issues caused by improper storage or handling after the product has been delivered.

Our products are intended for personal consumption unless otherwise expressly agreed in writing. You agree not to misuse, relabel, repackage, resell, or redistribute our products in violation of applicable laws or without appropriate authorization.

Information on our website related to taste, preparation, caffeine, ingredients, origin, or product characteristics is provided for general informational purposes only. It is not intended as medical, nutritional, or health advice.

If you have allergies, sensitivities, dietary restrictions, medical conditions, or concerns about caffeine consumption, you should review the product information carefully and consult a qualified professional before consuming our products.

Section 7 — Accuracy of Billing and Account Information

We reserve the right to refuse any order you place with us.

We may, in our sole discretion, limit or cancel quantities purchased per person, per household, per customer account, per payment method, or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, or the same billing or shipping address.

If we make a change to or cancel an order, we may attempt to notify you by contacting the email address, billing address, shipping address, or phone number provided at the time the order was placed.

We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, distributors, bots, or unauthorized commercial purchasers.

You agree to provide current, complete, and accurate purchase and account information for all purchases made through our store. You agree to promptly update your account and other information, including your email address, shipping address, billing address, payment information, and other details, so that we can complete your transactions and contact you as needed.

For more detail, please review our Return & Refund Policy and Shipping Policy.

Section 8 — Shipping and Delivery

Shipping times, delivery estimates, and carrier timelines are provided for informational purposes only and are not guaranteed unless expressly stated.

Once an order has been transferred to the carrier, delivery timing may be affected by carrier delays, weather, incorrect addresses, customs processing, service interruptions, or other circumstances outside of our control.

You are responsible for providing accurate and complete shipping information. Tenkujima is not responsible for delays, failed deliveries, lost packages, or additional costs caused by incorrect, incomplete, or outdated shipping information provided by the customer.

If a package is marked as delivered by the carrier but you cannot locate it, please check with your household, building mailroom, front desk, neighbors, or local carrier. We will do our best to assist, but Tenkujima is not responsible for lost or stolen packages after carrier-confirmed delivery, except as required by law.

Section 9 — Optional Tools and Third-Party Services

We may provide you with access to third-party tools or services over which we neither monitor nor have control or input.

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

We shall have no liability arising from or relating to your use of optional third-party tools or services.

Any use by you of optional tools or third-party services offered through the site is entirely at your own risk and discretion. You should ensure that you are familiar with and approve of the terms provided by the relevant third-party provider.

We may also, in the future, offer new services, features, tools, or resources through the website. Such new features and services shall also be subject to these Terms of Service.

Section 10 — Third-Party Links

Certain content, products, or services available through our Service may include materials from third parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating their content, accuracy, policies, products, services, or practices.

We do not warrant and will not have any liability or responsibility for third-party materials, websites, products, services, or transactions.

Please review third-party policies and practices carefully before engaging in any transaction. Complaints, claims, concerns, or questions regarding third-party products or services should be directed to the relevant third party.

Section 11 — User Comments, Feedback, Reviews, and Submissions

If, at our request, you send certain submissions, or if you send us creative ideas, suggestions, proposals, reviews, photos, videos, feedback, or other materials, whether online, by email, by postal mail, through social media, or otherwise, you agree that we may use, edit, copy, publish, distribute, translate, and display such submissions in any medium, subject to applicable law.

We are under no obligation to maintain any comments or submissions in confidence, to pay compensation for any comments or submissions, or to respond to any comments or submissions.

We may, but have no obligation to, monitor, edit, or remove content that we determine, in our sole discretion, to be unlawful, offensive, threatening, defamatory, obscene, misleading, infringing, or otherwise objectionable, or that violates any party’s intellectual property rights or these Terms of Service.

You agree that your comments and submissions will not violate any right of any third party, including copyright, trademark, privacy, publicity, or other personal or proprietary rights.

You further agree that your comments and submissions will not contain unlawful, abusive, obscene, false, misleading, or malicious material, or any computer virus or other malware.

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

You are solely responsible for any comments or submissions you make and their accuracy. We take no responsibility and assume no liability for comments posted by you or any third party.

Section 12 — Personal Information

Your submission of personal information through the store is governed by our Privacy Policy.

Please review our Privacy Policy to understand how we collect, use, disclose, and protect personal information.

Section 13 — Errors, Inaccuracies, and Omissions

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies, or omissions. These may relate to product descriptions, product images, pricing, promotions, offers, shipping charges, transit times, availability, ingredients, preparation information, or other content.

We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice, including after you have submitted your order.

We undertake no obligation to update, amend, or clarify information in the Service or on any related website, except as required by law.

Section 14 — Prohibited Uses

In addition to other prohibitions set forth in these Terms, you are prohibited from using the site, its content, or the Service:

(a) for any unlawful purpose;
(b) to solicit others to perform or participate in unlawful acts;
(c) to violate any international, federal, state, provincial, or local laws, rules, or regulations;
(d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
(e) to harass, abuse, insult, harm, defame, slander, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, disability, or any protected status;
(f) to submit false or misleading information;
(g) to upload or transmit viruses, malware, or other malicious code;
(h) to collect or track the personal information of others;
(i) to spam, phish, pharm, pretext, spider, crawl, scrape, or use automated systems without authorization;
(j) for any obscene, abusive, or immoral purpose;
(k) to interfere with or circumvent the security features of the Service, related websites, other websites, or the Internet;
(l) to misuse, repackage, relabel, counterfeit, resell, or redistribute our products in violation of applicable law or without proper authorization.

We reserve the right to terminate your use of the Service or any related website for violating any prohibited uses.

Section 15 — Intellectual Property

All content on this website, including but not limited to text, product names, brand names, logos, graphics, images, videos, packaging designs, page layouts, icons, and other materials, is owned by or licensed to Tenkujima and is protected by intellectual property laws.

You may not copy, reproduce, distribute, modify, display, publish, sell, resell, exploit, or create derivative works from any portion of the website or its content without our express written permission.

The Tenkujima name, logo, product names, and related branding may not be used in connection with any product or service without our prior written consent.

Section 16 — Disclaimer of Warranties; Limitation of Liability

We do not guarantee, represent, or warrant that your use of our Service will be uninterrupted, timely, secure, or error-free.

We do not warrant that the results obtained from the use of the Service will be accurate or reliable.

You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the Service is at your sole risk.

The Service and all products and services delivered to you through the Service are, except as expressly stated by us, provided “as is” and “as available” for your use, without any representation, warranties, or conditions of any kind, either express or implied.

To the fullest extent permitted by law, Tenkujima LLC, our directors, officers, employees, affiliates, agents, contractors, service providers, suppliers, partners, and licensors shall not be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or similar damages, whether based in contract, tort, strict liability, or otherwise, arising from your use of the Service or any products purchased through the Service.

Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, our liability in such states or jurisdictions shall be limited to the maximum extent permitted by law.

Section 17 — Indemnification

You agree to indemnify, defend, and hold harmless Tenkujima LLC and our affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, employees, and representatives from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Service, your violation of any law, your misuse of the Service, your misuse of our products, or your violation of the rights of a third party.

Section 18 — Severability

If any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law.

The unenforceable portion shall be deemed severed from these Terms, and such determination shall not affect the validity and enforceability of any remaining provisions.

Section 19 — Termination

The obligations and liabilities of the parties incurred prior to the termination date shall survive termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us.

You may terminate these Terms at any time by notifying us that you no longer wish to use our Services or by ceasing to use our site.

If, in our sole judgment, you fail, or we suspect that you have failed, to comply with any term or provision of these Terms, we may terminate this agreement at any time without notice. You will remain liable for all amounts due up to and including the date of termination, and we may deny you access to our Services or any part thereof.

Section 20 — Entire Agreement

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

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

These Terms supersede any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us, including any prior versions of the Terms of Service.

Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.

Section 21 — Governing Law

These Terms of Service and any separate agreements whereby we provide you products or Services shall be governed by and construed in accordance with the laws of the State of New Jersey, United States, without regard to conflict of law principles.

Section 22 — Changes to Terms of Service

You can review the most current version of the Terms of Service at any time on this page.

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

It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms constitutes acceptance of those changes.

Section 23 — Contact Information

Questions about the Terms of Service should be sent to us at:

support@tenku-jima.com

Tenkujima LLC
New Jersey, United States