Shibui, LLC - Comprehensive Purchase & Satisfaction Policy

Effective Date: January 1, 2024

Welcome to Shibui, LLC (“Shibui”). As a specialized retailer of secondhand Japanese antiquities and rare designer goods, we take pride in offering unique, high-quality items that reflect craftsmanship and history. Due to the specialized nature of these products, all sales are final and governed by the terms outlined in this Comprehensive Purchase & Satisfaction Policy. By completing any transaction on Shibui’s website, you agree to be bound by these terms and conditions.

Finality of Sale and Return Limitations

All sales conducted through Shibui’s platform are hereby designated as final. Upon completion of a purchase, the buyer relinquishes any right to return, refund, or exchange the product under ordinary circumstances, save for the specific and limited exceptions set forth herein. By purchasing from Shibui, the buyer acknowledges that they have fully reviewed the product description, accompanying photographs, and other relevant information provided by Shibui. Absent the exceptions explicitly outlined below, no modifications, alterations, or reversals of the transaction shall be entertained under any circumstances.

"As-Is" Condition of Products Sold

All goods sold by Shibui are provided on an "as-is" basis, meaning that the buyer accepts the items in their existing state, including all known and unknown imperfections, wear, or age-related degradation. Shibui hereby disclaims, to the fullest extent permissible under applicable law, any and all warranties—whether express or implied—including but not limited to the implied warranties of merchantability, fitness for a particular purpose, or non-infringement.

Buyer Responsibility: Buyers are fully responsible for thoroughly reviewing all descriptions, images, and disclosures provided on the Shibui platform regarding each item’s condition. By proceeding with a purchase, the buyer expressly agrees that the item was presented with adequate detail to assess its condition.

Exceptions to the Final Sale Policy

While Shibui’s general policy deems all sales final, we recognize the need for certain limited exceptions where an item’s condition or attributes materially deviate from the descriptions provided. As such, Shibui extends the following narrow exceptions:

1. 
   Defective Goods Exception: Should an item be received in a condition that materially deviates from its stated functionality or structural integrity due to an undisclosed defect, the buyer may be eligible for a refund, exchange, or store credit, subject to the terms of this policy.
2. Material Misrepresentation Exception: Should it be determined that a product was materially misrepresented in Shibui’s description—such as the omission of significant flaws, inaccuracies concerning the item’s provenance, authenticity, or material composition—the buyer may seek a remedy as outlined below. For the avoidance of doubt, minor variances in appearance due to photographic lighting or standard wear associated with antique or secondhand items shall not qualify as material misrepresentation. Exclusion of Minor Imperfections: Shibui expressly disclaims responsibility for minor cosmetic imperfections consistent with the vintage or secondhand nature of the goods, including but not limited to slight scratches, patina, or wear due to age. These characteristics are intrinsic to the nature of the products sold by Shibui and do not constitute grounds for return under this policy.

Procedure for Initiating a Return Claim

In the limited event that a buyer believes the product falls within one of the aforementioned exceptions, the buyer must notify Shibui’s customer service department within seven (7) calendar days of the item’s delivery. Such notification must be made in writing and sent via email to orders@ShibuiUSA.com, including the following mandatory information:

• The buyer’s order number and relevant transaction details;
• A comprehensive explanation detailing the defect or material misrepresentation alleged by the buyer; and
• High-resolution photographs clearly depicting the issue(s) with the item.

Failure to initiate such a claim within the specified seven (7) day period shall constitute a waiver of the buyer’s right to any remedy under this policy, and the sale shall be considered conclusively final and binding. Shibui shall not be obligated to entertain or process any claims submitted after the lapse of this deadline.

Shibui's Review Process: Upon receipt of a timely claim submission, Shibui will conduct a thorough review of the claim, which may involve requesting further information, additional photographs, or even the return of the item for inspection at Shibui's discretion. Shibui reserves the right to determine, in its sole judgment, whether the item qualifies for return or refund under the terms of this policy.

Remedies Available to the Buyer

Upon successful verification of the defect or material misrepresentation, Shibui, at its sole discretion, may offer one of the following remedies:

• Refund: A refund of the purchase price, excluding any applicable shipping fees.
• Replacement or Exchange: An exchange for an equivalent item, subject to availability, or store credit for future purchases.
• Repair: In instances where a defect is repairable, Shibui may, at its discretion, offer to repair the item in lieu of providing a refund or exchange.

Shibui's liability under any circumstances is limited solely to the remedies outlined above, and the buyer agrees that no other remedies—whether consequential, incidental, or punitive—shall be available under this policy.

Limitation of Liability

Shibui’s liability shall in no event exceed the total purchase price paid by the buyer for the item in question. Under no circumstances shall Shibui be liable for indirect, incidental, consequential, or punitive damages arising from or related to the purchase, use, or inability to use any product sold on its platform. This limitation of liability applies to all legal claims, whether grounded in contract, tort, or any other legal theory.

Acceptance of Policy and Governing Law

By placing an order with Shibui, you signify your acknowledgment and acceptance of this Comprehensive Purchase & Satisfaction Policy. This policy shall be governed by and construed in accordance with the laws of the state of Florida, without regard to its conflict of laws principles. Any dispute arising under or related to this policy shall be adjudicated exclusively in the courts of Hillsborough County, Florida.

Contact Information

For inquiries or claims related to this policy, please contact us at:
Email: orders@ShibuiUSA.com.

Please review these terms carefully prior to completing your purchase. Your use of Shibui’s platform constitutes your agreement to be bound by this policy.