1. Introduction
Welcome to TheOtagiri.com (“we,” “our,” or “us”). These Terms and Conditions govern your use of our website located at https://theotagiri.com (the “Site”) and the purchase and use of all Otagiri products including mugs, cat mugs, music boxes, pottery, and other related merchandise (collectively, the “Products”).
By accessing our Site or purchasing our Products, you agree to comply with and be bound by these Terms and Conditions. If you do not agree with these terms, please do not use our Site or purchase our Products.
2. Account Registration
2.1 To access certain features of the Site or to purchase Products, you may be required to register for an account. You agree to provide accurate, current, and complete information during the registration process.
2.2 You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.
2.3 You agree to notify us immediately of any unauthorized use of your account or any other breach of security.
3. Product Information
3.1 We strive to display our Products accurately, but we do not warrant that product descriptions, images, pricing, or other content on the Site are accurate, complete, reliable, current, or error-free.
3.2 Otagiri Products are handcrafted items with roots in Japanese heritage. Due to the handcrafted nature of our Products, each item may have slight variations in design, color, or finish, which are not considered defects.
3.3 Product dimensions, capacities, and specifications are approximate and provided for reference only.
4. Pricing and Payment
4.1 All prices are listed in US Dollars unless otherwise specified and are subject to change without notice.
4.2 We reserve the right to correct pricing errors that may inadvertently occur on the Site.
4.3 Payment for all orders must be made in full at the time of purchase. We accept major credit cards, PayPal, and other payment methods as indicated on our Site.
4.4 All transactions are processed through secure payment gateways. We do not store your complete credit card information on our servers.
5. Shipping and Delivery
5.1 We ship to addresses within the United States and internationally where permitted by law.
5.2 Shipping costs are calculated based on the delivery location, package weight, and selected shipping method.
5.3 Estimated delivery times are provided for reference only and are not guaranteed. Delays may occur due to customs, weather conditions, or other factors beyond our control.
5.4 Risk of loss and title for Products purchased pass to you upon delivery to the carrier.
6. Returns and Refunds
6.1 We accept returns of unused, undamaged Products in their original packaging within 30 days of delivery.
6.2 To initiate a return, please contact us at theotagiri@hotmail.com with your order number and reason for return.
6.3 Return shipping costs are the responsibility of the customer unless the return is due to our error or a defective product.
6.4 Refunds will be issued to the original payment method once we receive and inspect the returned Products.
7. Product Warranty
7.1 We warrant that our Products will be free from manufacturing defects under normal use for 90 days from the date of purchase.
7.2 This warranty does not cover damage resulting from misuse, accidents, modifications, or normal wear and tear.
7.3 Our liability is limited to repair, replacement, or refund of the defective Product at our discretion.
7.4 For vintage or collectible Otagiri items, no warranty is provided regarding their condition beyond what is specifically described in the product listing.
8. Intellectual Property
8.1 All content on the Site, including text, graphics, logos, images, Product designs, and software, is our property or the property of our licensors and is protected by copyright, trademark, and other intellectual property laws.
8.2 The Otagiri® name and logo are registered trademarks. Any unauthorized use of these marks is strictly prohibited.
8.3 You may not use, reproduce, distribute, modify, or create derivative works from any content on our Site without our express written consent.
9. User Content
9.1 By submitting reviews, comments, or other content to our Site, you grant us a non-exclusive, royalty-free, perpetual, irrevocable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content worldwide.
9.2 You represent and warrant that your content does not infringe on the rights of any third party and complies with these Terms and Conditions.
9.3 We reserve the right to remove any user content that we deem inappropriate, offensive, or in violation of these terms.
10. Prohibited Activities
You agree not to:
10.1 Use the Site for any illegal purpose or in violation of any local, state, national, or international law.
10.2 Interfere with or disrupt the operation of the Site or servers or networks connected to the Site.
10.3 Attempt to gain unauthorized access to any portion of the Site or any other accounts, computer systems, or networks connected to the Site.
10.4 Use any automated means, including bots, scrapers, or spiders, to access the Site or collect content from the Site.
10.5 Impersonate any person or entity or falsely state or misrepresent your affiliation with a person or entity.
11. Limitation of Liability
11.1 To the maximum extent permitted by law, we shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses.
11.2 Our total liability for any claims arising from or related to your use of the Site or our Products shall not exceed the amount paid by you for the Product giving rise to such liability.
11.3 We do not warrant that the Site will be uninterrupted or error-free, that defects will be corrected, or that the Site or servers that make it available are free of viruses or other harmful components.
12. Indemnification
You agree to indemnify, defend, and hold harmless TheOtagiri.com, its officers, directors, employees, agents, and affiliates from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys’ fees) that arise from or relate to:
12.1 Your use of or inability to use the Site or Products;
12.2 Any user content you submit to the Site;
12.3 Your violation of these Terms and Conditions; or
12.4 Your violation of any rights of another party.
13. Third-Party Links
13.1 The Site may contain links to third-party websites or resources that are not owned or controlled by us.
13.2 We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or resources.
13.3 You acknowledge and agree that we shall not be responsible or liable for any damage or loss caused by or in connection with use of or reliance on any such content, goods, or services available on or through any such websites or resources.
14. Privacy Policy
Your use of the Site is also governed by our Privacy Policy, which is incorporated into these Terms and Conditions by reference. Please review our Privacy Policy at [URL] to understand our practices regarding the collection, use, and disclosure of your personal information.
15. Changes to Terms and Conditions
15.1 We reserve the right to modify these Terms and Conditions at any time.
15.2 Updates will be posted on this page with a revised “Last Updated” date.
15.3 Your continued use of the Site after any such changes constitutes your acceptance of the new Terms and Conditions.
16. Termination
16.1 We may terminate or suspend your access to the Site immediately, without prior notice or liability, for any reason, including without limitation if you breach these Terms and Conditions.
16.2 Upon termination, your right to use the Site will immediately cease.
16.3 All provisions of these Terms and Conditions that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
17. Force Majeure
We shall not be liable for any failure to perform our obligations under these Terms and Conditions where such failure results from any cause beyond our reasonable control, including, but not limited to, natural disasters, pandemics, civil unrest, terrorism, labor disputes, or governmental actions.
18. Governing Law and Jurisdiction
18.1 These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions.
18.2 Any dispute arising under or related to these Terms and Conditions shall be resolved exclusively in the state or federal courts located in California, and you consent to the personal jurisdiction of such courts.
19. Severability
If any provision of these Terms and Conditions is found to be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render these Terms and Conditions unenforceable or invalid as a whole, and such provision shall be deleted without affecting the remaining provisions.
20. Entire Agreement
These Terms and Conditions, together with our Privacy Policy, constitute the entire agreement between you and TheOtagiri.com regarding the use of the Site and supersede all prior agreements and understandings, whether written or oral.
21. Contact Information
If you have any questions about these Terms and Conditions, please contact us at:
TheOtagiri.com
1797 Fallen Leaf Ln
Lincoln, CA 95648
Email: theotagiri@hotmail.com
Phone: (916) 253-7943