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Terms of service

OVERVIEW

This website is operated by VOLKS USA, INC.. Throughout the site, the terms “we”, “us” and “our” refer to VOLKS USA, INC.. VOLKS USA, INC. offers this website, including all information, tools and Services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, customers, wholesalers, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by this Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any of VOLKS USA’s services.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of VOLKS USA’s Terms of Service at any time on this page. We reserve the right to update, change, or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

SECTION 1 – COMPANY INFORMATION

Questions about the Terms of Service should be sent to us at service@volksusa.com

VOLKS USA, INC.
1108 W 135th ST, Gardena, CA, 90247, USA
1.310.782.8324

VOLKS INC. (JP)
60 Goshonouchi Nakamachi, Shichi-jo, Shimogyo-ku, Kyoto, Japan 600-8862
https://www.volks.co.jp/cs/

SECTION 2 - ONLINE STORE TERMS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of VOLKS USA, INC.’s services to violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
Please refer to SECTION 12 for additional information of prohibited activities.
A breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION 3 - GENERAL CONDITIONS

VOLKS USA, INC. reserves the right to refuse service to anyone for any reason at any time.
You understand that your content (excluding credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information will always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of VOLKS USA’s service, use of the service, or access to the service or any contact on the website through which the service is provided, without express written permission by VOLKS USA, INC.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 4 - PRODUCTS OR SERVICES

4.1 - OVERVIEW - All sales on VOLKS USA are FINAL. We do not accept any returns or refunds except for cases that are specified in our [Warranty] Certain products or services may be available exclusively online through the VOLKS USA, INC. website and/or webstore.
We reserve the right to limit the sales of our products or services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer.
We reserve the right to decline any order that we believe, at our sole discretion, circumvents quantity restrictions. Our quantity restrictions may be put in place to ensure fair and equitable access to our offerings for all customers.
We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of VOLKS USA, INC.

4.2 - AREA OF BUSINESS - VOLKS USA's services are available for registered users residing within the USA, US Territories, Canada, and Mexico.

4.3 - LOTTERY - For full details visit [Lottery Terms]. Lottery is a method VOLKS USA utilizes to decide a winner to purchase the Limited Edition Items, it is not a free gift. Entries will not ensure your chance to win the lottery or to purchase the items of your choice. Lottery entries are only eligible for registered users on the VOLKS USA web-store residing in the USA, US Territories, Canada and Mexico. Lottery entries are a commitment to purchase. If you win multiple items in the lottery you must pay for all of them. Nonpayment for lottery items may result in order cancellation and account termination. Terminated accounts will no longer be able to use any services provided by VOLKS USA.

4.4 - PRE-ORDERS - For full details visit [Pre-Order Policy]. Pre-orders are for items that are currently not in stock and have a future delivery or release date. Some pre-orders will have public release dates where they will be purchasable after the pre-order period has closed, while others will be limited edition and only available through the pre-order. Pre-orders are non-refundable and are unable to be cancelled. ※Cancellations requested during open pre-order periods are able to be cancelled and refunded.

 

4.5 - CHILDREN & PRODUCT SUITABILITY - We DO NOT recommend our products or services for those under the age of 15. Our products are not intended to be used as children’s toys. All the products on the VOLKS USA website are intended for adult hobbyists. Some products may have very small parts, complicated structures, fragile parts, etc.
Ultimately, the decision on whether our products will be suitable for the customer or intended recipient will be up to the purchaser. 

SECTION 6 - MODIFICATIONS TO SERVICES AND PRICES

Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the products or services (or any part or content thereof) without any prior notice.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

SECTION 7 - ACCURACY, COMPLETENESS OF INFORMATION

We cannot be held responsible if information made available on this site is not accurate, complete, or current. The material on this site is to the best of our knowledge and is provided for general information only. It should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain information on past releases, or other historical information. This information may not be current and is provided purely for your reference only. We reserve the right to modify the contents of this site at any time, however we have no obligation to it. You agree that it is your responsibility to monitor changes on our site.

SECTION 8 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order that you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we need to make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, shopping services, resellers, or other unauthorized distributors. Orders that we deemed to be suspicious may be cancelled.
You agree to provide current, complete, and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

SECTION 9 – CUSTOMER EMAILS, COMMENTS, AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us, you send creative ideas, suggestions, pitches, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise, you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any emails/submissions/comments that you forward to us. We are and shall be under no obligation (1) to maintain any emails/submissions/comments in confidence; (2) to pay compensation for any emails/submissions/comments; or (3) to respond to any emails/submissions/comments.
You agree that your emails/submissions/comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your emails/submissions/comments will not contain libelous or otherwise unlawful, abusive, or obscene material, or contain any computer virus or other malware that could in any way affect the operation of VOLKS USA, INC. or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any emails/submissions/comments. You are solely responsible for any emails/submissions/comments you make and their accuracy. We take no responsibility and assume no liability for any emails/submissions/comments created by you or any third-party.

SECTION 10 - PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy, which can be viewed here: [Privacy Policy]

SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information related to our services is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend, or clarify information in our services or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied on VOLKS USA or on any related website, should be taken to indicate that all information on VOLKS USA or on any related website has been modified or updated.

SECTION 12 - PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of VOLKS USA or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of VOLKS USA or any related website, other websites, or the Internet; (l) to share a user account with multiple individuals. We reserve the right to terminate your access to VOLKS USA, our services, or any related website for violating any of the prohibited uses.

SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of VOLKS USA will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use VOLKS USA will be accurate or reliable.
You agree that from time to time we may remove VOLKS USA’s services for indefinite periods of time or cancel our services at any time, without notice to you.
You expressly agree that your use of, or inability to use, VOLKS USA’s services is at your sole risk. VOLKS USA and all products and services provided to you through VOLKS USA are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall VOLKS USA, INC., our directors, officers, employees, affiliates, agents, contractors, , suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of VOLKS USA or any products procured using VOLKS USA, or for any other claim related in any way to your use of VOLKS USA or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of VOLKS USA or any content (or product) posted, transmitted, or otherwise made available via VOLKS USA, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 14 - INDEMNIFICATION

To the fullest extent permitted by law, you agree to indemnify, defend and hold harmless VOLKS USA, INC. and its parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 15 - TERMINATION

15.1 – TERMS - Terminated accounts will no longer be able to use any services provided by VOLKS USA. These Terms of Service are effective unless and until terminated by either you or us. You agree that if your use of the Services is terminated pursuant to these Terms, then you will not attempt to use the Services under any name, real or assumed, and further agree that if you violate this restriction after being terminated, then you will indemnify and hold us harmless from any and all liability that we may incur therefor.

15.2 – TERMINATION BY VOLKS USA - If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

15.3 – TERMINATION BY YOU - You are free to terminate your use of VOLKS USA’s services at any time by notifying us that you no longer wish to use our services at service@volksusa.com. Accounts that you request to have terminated will ineligible for reinstatement.

SECTION 16 - ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to VOLKS USA’s services constitutes the entire agreement and understanding between you and us and governs your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 17 - CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 18 – MISCELLANEOUS

18.1 – GOVERNING LAW -These Terms of Service and any separate agreements whereby we provide you shall be governed by and construed in accordance with the laws of United States.

18.2 – SEVERABILITY -In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

18.3 – THIRD PARTY SITES AND TOOLS - Certain content, products, and services available via our website and services may include or use materials, tools, applications, etc. You acknowledge and agree that we provide access to such tools ”as-is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of the optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new Services and/or features through the website (including the release of new tools and resources). Such new features and/or Services shall also be subject to these Terms of Service.
We are not liable for any harm or damages related to the purchase or use of goods, Services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.