Terms and Conditions Samuraiswords.Store
Last Updated: [05/24/2018]
The Terms and Conditions (“Terms”) describe how [Samuraiswords.Store] (“Company,” “we,” and “our”) regulates your use of this website [Samuraiswords.Store] (the “Site”). Please read the following information carefully to understand our practices regarding your use of the Site. The Company may change the Terms at any time. The Company may inform you of the changes to the Terms using the available means of communication. The Company recommends you to check the Site frequently to see the actual version of the Terms and their previous versions.
If you represent a legal entity, you certify that you entitled by such a legal entity to conclude the Terms as the legal entity you represent.
The Company does not knowingly collect personal data from persons under the age of 16 (sixteen). If you are under 16 (sixteen) years old, you may not use the Site and may not enter into the Terms under any circumstances.]
The Site allows you to use Services available on the Site. You shall not use the services for the illegal aims.
We may, at our sole discretion, set fees for using the Site for you. All prices are published separately on relevant pages on the Site. We may, at our sole discretion, at any time change any fees.
We may use certified payment systems which also may have their commissions. Such commissions may be implied on you when you choose a particular payment system. Detailed information about commissions of such payment systems may be found on their websites..
THIRD PARTY SERVICES
The Site may include links to other sites, applications, and platforms (hereinafter the “Linked Sites“).
The Company does not control the Linked Sites, and shall not be responsible for the content and other materials of the Linked Sites. The Company makes these links available to you for providing the functionality or services on the Site.
- PROHIBITED USES AND INTELLECTUAL PROPERTY
The Company grants you a non-transferable, non-exclusive, revocable license to access and use the Site from one device in accordance with the Terms.
You shall not use the Site for unlawful or prohibited purpose. You may not use the Site in a way that may disable, damage, or interfere in the Site.
All content present on the Site includes text, code, graphics, logos, images, compilation, software used on the Site (hereinafter and hereinbefore the “Content“). The Content is the property of the Company or its contractors and protected by intellectual property laws that protect such rights. You agree to use all copyright and other proprietary notices or restrictions contained in the Content and you are prohibited from changing the Content.
You may not publish, transmit, modify, reverse engineer, participate in the transfer, or create and sell derivative works, or in any way use any of the Content. Your enjoyment of the Site shall not entitle you to make any illegal and disallowed use of the Content, and in particular you shall not change proprietary rights or notices in the Content. You shall use the Content only for your personal and non-commercial use. The Company does not grant you any licenses to the intellectual property of the Company.
THE COMPANY MATERIALS
By posting, uploading, inputting, providing or submitting your Content you are granting the Company to use your Content in connection with the operation of Company’s business including, but not limited to, the rights to transmit, publicly display, distribute, publicly perform, copy, reproduce, and translate your Content; and to publish your name in connection with your Content.
No compensation shall be paid with regard to the use of your Content. The Company shall have no obligation to publish or enjoy any Content you may send us and may remove your Content at any time.
By posting, uploading, inputting, providing or submitting your Content you warrant and represent that you own all of the rights to your Content.
DISCLAIMER OF CERTAIN LIABILITIES
The information available via the Site may include typographical errors or inaccuracies. The Company shall not be liable for these inaccuracies and errors.
The Company makes no representations about the availability, accuracy, reliability, suitability, and timeliness of the Content contained on and services available on the Site. To the maximum extent allowed by the applicable law, all such Content and services are provided on the “as is” basis. The Company disclaims all warranties and conditions regarding this Content and services, including warranties and provisions of merchantability, fitness for a certain purpose.
To the maximum extent permitted by the applicable law, in no event shall the Company be liable for any direct, indirect, incidental, consequential, special, punitive damages including, but not limited to, damages for loss of enjoyment, data or profits, in the connection with the enjoyment or execution of the Site in the context of the inability or delay to enjoy the Site or its services, or for any Content of the Site, or otherwise arising out of the enjoyment of the Site, based on contract and non-contract liability or other reason.
If the exclusion or limitation of liability for damages, whether consequential or incidental, are prohibited in a particular case, the exclusion or limitation of liability shall not apply to you.
You agree to indemnify, defend and hold harmless the Company, its managers, directors, employees, agents, and third parties, for any costs, losses, expenses (including attorneys’ fees), liabilities regarding or arising out of your enjoyment of or inability to enjoy the Site or its services and Company’s services and products, your violation of the Terms or your violation of any rights of third parties, or your violation of the applicable law. The may assume the exclusive defence and you shall cooperate with the Company in asserting any available defences.
TERMINATION AND ACCESS RESTRICTION
The Company may terminate your access and account to the Site and its related services or any part at any time, without notice, in case of your violation of the Terms.
The governing law of the Terms shall be the substantive laws of the country where the Company is set up, except the conflict of laws rules. You shall not use the Site in jurisdictions that do not give effect to all provisions of the Terms.
No joint venture, partnership, employment, or agency relationship shall be implied between you and the Company as a result of the Terms or use of the Site.
Nothing in the Terms shall be a derogation of the Company’s right to comply with governmental, court, police, and law enforcement requests or requirements regarding your enjoyment of the Site.
If any part of the Terms is determined to be void or unenforceable in accordance with applicable law then the void or unenforceable clauses will be deemed superseded by valid and enforceable clauses shall be similar to the original version of the Terms and other parts and sections of the Terms shall be applicable to you and the Company.
The Terms constitute the entire agreement between you and the Company regarding the enjoyment of the Site and the Terms supersede all prior or communications and offers, whether electronic, oral or written, between you and the Company.
The Company and its affiliates shall not be liable for a failure or delay to fulfil its obligations where the failure or delay results from any cause beyond Company’s reasonable control, including technical failures, natural disasters, blockages, embargoes, riots, acts, regulation, legislation, or orders of government, terroristic acts, war, or any other force outside of Company’s control.
In case of controversies, demands, claims, disputes, or causes of action between the Company and you relating to the Site or other related issues, or the Terms, you and the Company agree to attempt to resolve such controversies, demands, claims, disputes, or causes of action by good faith negotiation, and in case of failure of such negotiation, exclusively through the courts of the country where the Company is set up.
We are committed to resolve any complaints about our collection or use of your personal data. If you would like to make a complaint regarding this Terms or our practices in relation to your personal data, please contact us at: [Samuraiswords.Store@gmail.com]. We will reply to your complaint as soon as we can and in any event, within 30 days. We hope to resolve any complaint brought to our attention, however if you feel that your complaint has not been adequately resolved, you reserve the right to contact your local data protection supervisory authority
We welcome your comments or questions about this Terms. You may contact us in writing at [Samuraiswords.Store@gmail.com].
13. Using The Website and App
This is a legal agreement between buyers and SamuraiSwords.Store.
By purchasing any items from SamuraiSwords.Store, Buyer expressly warrants that he is in compliance with all applicable Federal, State, and Local laws in his country and applicable with all regulations regarding the purchase, ownership, and use of our swords. It is the buyer responsibility to applicable with all laws governing the purchase of any items sold on our website and app..
Buyer agrees that SamuraiSwords.Store will not be reliable for any federal, State or local laws violation, damage or harm that can occur from purchasing items at SamuraiSwords.Store, whether directly or indirectly. Buyer agrees to indemnify and hold no harm to SamuraiSwords.Store for all claims.
In order to purchase a sword, buyer must be 18 years old or above and must be of legal age according to the regulations in his State/Country, or have his parents’ consent and permission.
Samurai Swords Store offers battle ready and fully functional swords for collectors, our sword intended use is for collecting and decorative purposes, we do NOT Recommend the use of our swords for any other purpose.
We do not warranty our sword use for cutting purposes as this could be dangerous practice and we strongly recommend you not to do it, if you decide to put our swords for cutting tests that will be your responsibility and liability for any damage or injury that might occur.
We (SamuraiSwords.Store) cannot be held liable for any damage that might occur in any way, including accidents or injury relating to use of our swords. We only recommend to purchase our swords for collecting or decorative purposes.
All of the items purchased in SamuraiSwords.Store are custom made and made to order upon a purchase, we offer no refunds for custom sword orders. In any case a refund will be issued either due to cancellation or return, a 30% restocking fee will apply and original shipping costs are non-refundable. Buyer must pay for returned shipping and sword must be returned in the same condition it was shipped to buyer.
Buyer takes full responsibility to release item from the customs office, refunds will not be granted due to buyer refusal to pay his custom fees.
All of our swords are handmade and the custom swords shipped to the buyer might be slightly different than the way it looks on our 3d model and app, including but not limited to different shades of colors of the different components, slightly different designs or any other alteration you requested through our custom swords application.
You are not allowed to duplicate or use any of our 3d Model assets, images and renders for any purpose unless you have been given our written consent.
A. By purchasing swords from Samurai Swords Store, Buyer agrees to use our products in legal and appropriate manner in his state/country jurisdiction.
B. Buyer represents himself as of legal age to own swords,
C. Buyer agrees that he is intending to use of swords purchased through Samurai Swords Store in a legal manner at all times.
D. Billing information and payment will be provided through legal means, from buyer with legal rights to purchase.
E. Buyer shall be above 18 years of age or of a legal age in the area the purchase is being ordered and/or shipped.
F. Samurai Swords Store will not be held accountable for buyers who fails any aspect of purchasing criteria.
G. Buyer agrees to take full responsibility to comply with all federal and state laws and any regulation applicable in his country in regard to proper and legal use of swords by himself or others. Including but not limited to the legalities of the goods being ordered.
H. SamuraiSwords.Store will not be held responsible for any illegal or inappropriate use of our swords, including but not limited to injury or damage resulting from improper use of our swords, illegal use, use by minor representing himself as adult, etc.
I. Our Website and Application, it’s assets, images and logo may not be duplicated or used in any way, and our images, renders and swords models may NOT be used in any manner without full written consent of SamuraiSwords.Store
J. Buyer shall indemnify, defend and hold harmless Vendor from any damages, losses, , penalties, fees or expenses including, without limitation, Custom fees, reasonable attorney’s fees and costs incurred as a result of any injury or damage to persons (including death) or property resulting from purchasing our swords.
K. SamuraiSwords.Store offers made to order custom swords, as such those are designed specifically for your needs, and therefore are non refundable.