Shibui, LLC - Terms and Conditions

Effective Date: January 1, 2024

Welcome to Shibui, LLC (“Shibui”). These Terms and Conditions (“Terms”) govern your use of our website and the services we provide through it. By accessing or using our website at shibuiusa.com , you agree to be bound by these Terms, and any applicable laws and regulations. If you do not agree to these Terms, please refrain from using our website.

1. Acceptance of Terms

By accessing and using the Shibui website, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions. Shibui reserves the right to modify or amend these Terms at any time. Any such changes will be posted on this page, and your continued use of the website constitutes your acceptance of those changes. It is your responsibility to regularly review these Terms.

2. Eligibility

You must be at least 18 years old or the age of legal majority in your jurisdiction to use this website. By using the website, you confirm that you meet these requirements.

3. Product Listings and Availability

All product listings on Shibui are subject to availability. Shibui endeavors to accurately describe and display its products, including the use of images and specifications. However, due to the unique and secondhand nature of our products, variations in color, texture, and appearance may occur. Shibui does not guarantee that the actual appearance of any item exactly matches its online depiction. All items are sold "as-is" and are subject to Shibui's Final Sale and "As-Is" Policy.

Shibui reserves the right to withdraw any products from sale at any time and to correct any errors in product descriptions or pricing.

4. Pricing and Payment

All prices on the website are listed in U.S. dollars unless otherwise noted. Prices and availability of products are subject to change without notice. The price charged for a product will be the price displayed at the time your order is placed, subject to the following exceptions:

• Errors: Shibui reserves the right to cancel any orders placed for products listed at the incorrect price due to typographical errors or errors in pricing information received from our suppliers.
• Sales and Use Tax: Shibui may charge and collect applicable sales or use tax for orders, depending on your jurisdiction.

 Shibui accepts various payment methods through secure third-party payment gateways. By providing your payment information, you authorize Shibui to process your payment using the provided details.

5. Order Acceptance and Cancellation

All orders placed through our website are subject to acceptance by Shibui. We reserve the right to refuse or cancel any order for any reason, including but not limited to:

• Product availability.
• Inaccuracies or errors in product or pricing information.
• Fraud prevention or suspected fraudulent activity.
• Other unforeseen circumstances.

In the event that we cancel an order, you will be notified via the contact information you provided during the checkout process. If payment has been made for a canceled order, a refund will be issued.

 

6. Shipping and Delivery

Shibui ships worldwide and will provide estimated shipping times during the checkout process. Shipping fees and any applicable duties or taxes are calculated based on your location. Please note that delivery times are estimates and may vary depending on your location and shipping carrier.

Shibui is not responsible for delays caused by customs, the shipping carrier, or other factors outside of our control. Title to the goods passes to you upon delivery to the carrier.

7. Returns, Refunds, and Final Sale

Due to the unique nature of our items, all sales are final. Please refer to our Comprehensive Purchase & Satisfaction Policy for details on returns related to defective or materially misrepresented items. Shibui will not process any return, refund, or exchange requests outside the provisions outlined in that policy.

8. Intellectual Property

All content on the Shibui website, including but not limited to text, images, logos, and designs, is the property of Shibui or its content suppliers and is protected by intellectual property laws. You are granted a limited, non-exclusive license to access and use the website solely for personal, non-commercial purposes. You may not reproduce, distribute, modify, or create derivative works from any part of the website without prior written consent from Shibui.

9. User Conduct

 By using the website, you agree to:

• Refrain from using the website for any unlawful or unauthorized purposes.
• Refrain from uploading or transmitting any harmful or malicious content, including viruses, malware, or harmful code.
• Avoid interfering with the proper functioning of the website or attempting to breach its security.

Shibui reserves the right to terminate or restrict your access to the website if we believe you have violated these Terms or engaged in any unlawful behavior.

10. Limitation of Liability

To the fullest extent permitted by law, Shibui shall not be liable for any direct, indirect, incidental, consequential, or punitive damages arising out of or related to your use of this website, your purchase of products from Shibui, or your inability to use the website. In no event shall Shibui’s total liability to you exceed the amount paid for the product(s) in question.

11. Disclaimer of Warranties

Shibui provides the website and all products sold on an "as-is" and "as-available" basis without any warranties, express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Shibui does not warrant that the website will be uninterrupted, secure, or error-free, or that any defects will be corrected.

12. Indemnification

You agree to indemnify, defend, and hold harmless Shibui, its officers, directors, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of or related to your use of the website, violation of these Terms, or violation of any rights of third parties.

13. Governing Law and Dispute Resolution

These Terms 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 disputes arising from or related to these Terms, your use of the website, or your purchase of products from Shibui shall be resolved exclusively in the courts of Hillsborough County, Florida.

14. Severability

If any provision of these Terms is held to be invalid or unenforceable, that provision shall be enforced to the maximum extent permissible, and the remaining provisions shall continue in full force and effect.

15. Entire Agreement

These Terms, along with our Comprehensive Purchase & Satisfaction Policy, Privacy Policy, and any other legal notices published by Shibui, constitute the entire agreement between you and Shibui concerning your use of the website and the purchase of products. Any failure by Shibui to enforce any provision of these Terms shall not be deemed a waiver of such provision or any future enforcement of that provision.

16. Contact Information

If you have any questions or concerns about these Terms and Conditions, please contact us at Email: orders@ShibuiUSA.com.