Terms of Service

Acknowledgment

Our Terms of Use were last updated on September 1st, 2023.

Please read these terms and conditions carefully before using Our Service.

These Terms of Use are a legal agreement between You and Shotengai株式会社 ("us", "our", "we" or "Shotengai") regarding using Shotengai.com (the "Site"）, any Shotengai mobile apps (the "App"), and other materials (the "Materials") and services (the "Services") available on them.

By accessing or using our Site or mobile apps, you have read, understood, agreed, and will follow these Terms. If You disagree with any part of these Terms of Use, then You may not access the Site or other Apps. Agreeing to these Terms also means you agree to our Privacy Policy.

Information, statements, and reviews about products from subscribers haven't been evaluated by the U.S. Food and Drug Administration. Results and satisfaction may vary and be inaccurate. Shotengai does not own, accept, or take responsibility for such statements.

We reserve the right to revise the products and services available on the Site and to change, suspend, or discontinue any aspect of the Site at our sole discretion without notice to you, and we will not be liable to you or to any third party for doing so. We may also set Site use rules or limit access without notice. For material Service or price changes, account holders will receive 30 days' email notice before the change. If you object, stop using the Site and mobile apps and cancel any subscription within 30 days of getting our notice. Continuing to use the Site means you accept the changes.

Use of the Site

We grant you permission to use this website for your own personal and noncommercial use, as long as you follow our terms of use. You are responsible for anything you upload, post, or transmit on the site, as well as the consequences of such actions. You need written permission from Shotengai for any other use of the site. You cannot copy, modify, or distribute any content from the site without express written consent. You cannot modify, publish, transfer, sell, or otherwise exploit any content found on the site, whether in whole or in part.

We forbid using the site for the following purposes:

Uploading, posting, or transmitting material that violates intellectual property, publicity, or privacy rights.
Posting untrue, inaccurate, or unauthorized information.
Engaging in conduct that could lead to criminal or civil liability or violate laws.
Attempting to undermine network security or gain unauthorized access to systems.

You cannot use automated means like bots or scrapers to access site content. You cannot manipulate or disrupt the site or interfere with how others use it. This includes overloading the site or circumventing security measures. You cannot display parts of the site within another website. You cannot resell or provide use of the site to third parties without permission.

We offer mobile apps to access some site services and content on mobile devices. To use an app, you must have a compatible mobile device. We do not guarantee app compatibility with your device. We grant you permission to download and use the app code for one registered account on devices you own or lease, solely for personal use. You cannot:

Modify, disassemble, decompile, or reverse engineer the apps except as legally allowed.
Rent, lease, lend, resell, distribute, or transfer the apps to third parties or use them for timesharing or similar services.
Copy the apps.
Remove, block, damage, or otherwise interfere with security features, content access prevention features, or use limitation features.
Delete copyright or proprietary rights notices from the apps.

We may upgrade the apps automatically. You consent to such upgrades and agree these terms apply to them. The license grant does not constitute a sale of the apps. We and our third-party licensors retain ownership and rights. Standard data rates may apply to app usage.

Additional terms apply to iOS apps:

These terms are between you and Shotengai, not Apple.
You must follow Apple's App Store Terms of Service when using iOS apps.
Shotengai, not Apple, is responsible for the iOS apps and their content and services. Apple has no obligation to support the iOS apps. Apple disclaims all warranties for the iOS apps to the extent permitted by law.
Shotengai, not Apple, is responsible for addressing any claims relating to the iOS apps or your use of them, including product liability claims, failure to comply with legal or regulatory requirements, and consumer protection claims. All such claims are subject to these terms and laws applicable to Shotengai as an iOS app provider.
Shotengai, not Apple, will investigate, defend, settle, and resolve any third-party intellectual property infringement claims relating to the iOS apps or your use of them, as required by these terms.
You represent that you are not located in or associated with embargoed countries or parties.
You will follow all applicable third-party agreements when using iOS apps, like wireless service agreements.
Apple and its subsidiaries are third-party beneficiaries of these terms regarding your license to use the iOS apps. By accepting these terms, Apple has the right to enforce them against you as they relate to the iOS app license.

Additional terms apply to Android apps:

These terms are between you and Shotengai, not Google.
You must follow Google's then-current Android Market Terms of Service when using Android apps.
Google only provides the Android Market where you got the app. Shotengai is solely responsible for Android apps and their content/services. Google has no obligation or liability regarding the Android apps or these terms.
You agree that Google is a third-party beneficiary of these Android app-related terms.

Additional Terms and Conditions

You agree that special terms may apply to certain products, orders, or areas of the site, such as those regarding ordering, shipping, returns, and reviews ("Special Terms"). These Special Terms become part of our full terms by reference. If our full terms conflict with the Special Terms, the Special Terms will replace the parts of the full terms that they specifically say they are replacing.

Site not for Minors

The site is available to registered and unregistered visitors 13 and older who have not been banned from Shotengai for any reason. We can revoke your access to the site’s products and services at any time for any reason, including violating these terms or the privacy policy, without notice. By using the site, you affirm that you are at least 18 years old. If you are under 18, you affirm that you are using the site with the consent and permission of your parent or legal guardian. They have given you permission to use the site and agree to these terms on your behalf. If you are the parent or guardian of a minor using the site, you agree to bind the minor to these terms. You also agree to fully indemnify and hold us harmless if the minor violates these terms. Use of the site is forbidden where prohibited by law.

Fraud Protection

As we process your order, we may screen it to check for fraud or other unauthorized or illegal activity. We reserve the right to refuse an order if we suspect fraud, unauthorized activity, or illegal activity. If we do suspect such activity, we may reject your order or contact you at the phone number or email you provided to confirm your order. We also reserve the right to cancel accounts or refuse to ship to certain addresses if we suspect fraud or other unauthorized or illegal activity. We take these precautions to protect customers and ourselves.

Product Information/Limitation on Quantities/Fulfillment

Except for user-submitted content, we try to ensure the site information is accurate and complete. However, product descriptions, images, features, specs, and prices are subject to change without notice. The inclusion of a product on the site does not mean it will necessarily be available. For any reason, including after you place an order, we reserve the right to:

Limit quantities of or stop offering a product.
Add conditions to honoring coupons, promo codes, or other promotions.
Bar you from completing transactions or using the site.
Refuse to provide you with a product. Some information may have errors we can correct without penalty. We also reserve the right to change or end events/promotions without notice.

Our third-party fulfillment partner will process and fulfill all orders. Delivery dates we provide are non-binding estimates only. You have no claim against us for delays or early deliveries. We may deliver in installments. You should inspect your package to ensure undamaged contents. If you are unavailable for delivery, the delivery person may leave the package at your door. We are not responsible for:

Items delivered to incorrect addresses you or the recipient provided.
Delivery issues because you or the recipient were unavailable.
Decreased quality because of an incorrect address you or the recipient provided, or a reroute you or the recipient requested.

You must file all claims for damaged/missing shipments through our third-party fulfillment partner.

Propietary Rights

You acknowledge and agree that between you and us:

The site, mobile apps,and all materials/elements on them are our property or that of our licensors.
They are protected by copyright, trademark,and/or other proprietary rights and laws.

You may not:

Sell, license, rent, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit,or modify content/materials on the site.
Create derivative works from site content/materials. All other trademarks belong to their respective owners. Except as specifically stated in these terms, no license or rights are granted just by accessing or using the site.

We reserve all rights not granted in these terms.

Contributed Content Guidelines

We value your engagement. When contributing content, please keep these guidelines in mind:

By submitting content to the site, you grant us a perpetual, irrevocable, worldwide, royalty-free, non-exclusive license to use, copy, distribute, publicly display, modify, make derivative works of, and sub-license your content or parts of it for any purpose we deem appropriate, including commercial purposes.

You represent and warrant that:

You have the full right to grant us this license to any content you submit.
Your content does not include anything to which you do not have rights (like text, images, music, or video).
Your content does not contain anything libelous, unlawful, abusive, or obscene. We may use any content you submit without obligation of confidentiality, attribution, or compensation to you.

We reserve the right not to post your content if it:

Defames, abuses, harasses, stalks, threatens, or violates others' rights.
Uses obscenities, discrimination, or inappropriate language.
Advertises, spams, or links to other offers/sites.
Provide contact information like emails, URLs, phone numbers, and addresses.
Is unduly critical/spiteful of other posted content/authors.
Contains software/material protected by intellectual property laws you do not own or control rights to or have consent to use.
Contains viruses, corrupted files, or damaging software.
Falsifies or deletes author attributions, notices, or labels of software/material origin or impersonates any person/entity or misrepresents your affiliation.

For feedback on products, pricing, ordering, delivery, or customer service, contact us directly and do not contribute to the site. Any feedback you provide through any communication is non-confidential and non-proprietary. You assign all rights, titles, and interests in any intellectual property/proprietary rights in your feedback to us. We may use feedback for any purpose without attribution or compensation. Where prohibited, you grant us an exclusive, transferable, worldwide, royalty-free license (including sublicense rights) to use and exploit all feedback as we determine. However, we are not obligated to use, display, reproduce, or distribute your feedback and you have no right to compel us to do so.

General Disclaimers

You assume all responsibility and risk related to using the site and mobile apps.

The Site, Apps, and all Materials, Merchandise, and Information on or available through the Site or linked Site are provided "As Is" and "As Available" without warranty of any kind, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, non-infringement, security or accuracy. Specifically, but not limited to, we do not warrant that:

The information is correct, accurate, or reliable.
The Site and Apps will be uninterrupted or error-free.
Defects will be corrected, or that the Site/Apps will befree of viruses or other harmful components.

You are solely responsible for properly and safely:

Washing, handling, preparing, storing, cooking, using, and consuming the products you receive.
Receiving and storing the products as recommended.

3.Knowing about any food allergies you have and verifying the products/contents before handling, preparing, using, or consuming them.

Advising non-account holders/non-ordering parties about safety requirements and potential allergens in the products. The products are not made in allergen-free facilities and may have the potential for cross-contamination.

We make no warranties of any kind about non-Shotengai sites you may access via links from this site. Links are for your convenience only. We make no representations/warranties about the accuracy, availability, suitability, or safety of such non-Shotengai sites.

We do not endorse, warrant, or guarantee any products/services offered on or through the site by third parties.

Disclaimers-No Professional Advice

Any information we provide about the products or otherwise (like product descriptions or instructions) is for informational purposes only. You should not take any action solely based on information on the site. Using the site does not replace professional advice.

You must:

Read and strictly follow all product labels, packaging inserts, instructions, manufacturer directions, and warnings.
Seek independent professional advice when appropriate.

The site is not meant as a substitute for such advice.

Taxes

The total price you pay will include:

The product price.
Any applicable sales tax based on the shipping address and current sales tax rate.

We will charge sales tax only in states where goods sold over the Internet are taxable.

Indemnification

You agree to indemnify, hold harmless, and defend us, our parent companies, subsidiaries, divisions, affiliates, and their respective officers, directors, employees, agents, and affiliates from and against any and all claims, liabilities, damages, costs, and expenses of defense including reasonable attorneys’ fees, in any way arising from or related to:

Your use of the site.
Your violation of these terms or the privacy policy.
Content you post to the site.
Your violation of any law or third-party rights.

Limitation of Liability

In no event will we, our subsidiaries, affiliates, or any of their respective officers, directors, employees, agents, or suppliers be liable to any site or app user for any:

Direct, indirect, special, incidental, punitive, consequential, or exemplary damages (like lost profits/data/use).
Damages arising from use/inability to use the site/apps, even if we knew of the possibility.

Our total liability to you for all damages, losses, and causes of action from your use of the site/apps will not exceed the amount you paid us in connection with the event giving rise to the liability.

You acknowledge the above paragraph applies to all content, merchandise, and services on the site. because some states prohibit limiting implied warranties or excluding/limiting certain damages, the above may not apply to all users.

International Use

We control and operate the site from the United States. We make no representation that materials on the site are appropriate or available for use outside the United States. If you choose to access this site from outside the United States, you do so at your own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

Risk of Loss

Any merchandise purchased from our site will be shipped by a third-party carrier. As a result, the title and risk of loss for such merchandise will be passed to you upon our delivery to the carrier.

Severability

If any part of these terms shall be held or declared to be invalid or unenforceable for any reason by any court of competent jurisdiction, such provision shall be ineffective but shall not affect any other part of these terms, and in such event, such provision shall be changed and interpreted so as to best accomplish the objectives of such unenforceable or invalid provision within the limits of applicable law or applicable court decisions.

Waiver/Remedies

The failure of Shotengai to partially or fully exercise any rights or the waiver of Shotengai of any breach of these terms and conditions by you shall not prevent a subsequent exercise of such right by Shotengai or be deemed a waiver by Shotengai of any subsequent breach by you of the same or any other term of these terms. The rights and remedies of Shotengai under these terms and any other applicable agreement between you and Shotengai shall be cumulative, and the exercise of any such right or remedy shall not limit Shotengai’s right to exercise any other right or remedy.

Customs/Duties

By creating an account and placing an order on Shotengai, all international customers recognize they are liable for any customs, duties, taxes, or fees that may incur. The recipient of the shipments must comply with all rules and regulations of the destination country. The recipient of said international shipments may be subject to import taxes, customs duties, and fees, which are levied once a shipment reaches the recipient's country. Additional charges for customs clearance must be fulfilled by the recipient; Shotengai has no control over these charges, nor can Shotengai predict what they may be.

The recipient of the shipment is the importer of record in the destination country and is responsible for all import duties, taxes, and fees, the clearance of said merchandise, and the process and remittal.

You (the recipient) are responsible for any duties and fees that may incur and Shotengai will not refund or pay for said fees.

Country/region