Last updated: March 17, 2024
These Terms of Service ("Terms," "Terms of Service") constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you"), and Hanamori Cakes Co., Ltd. ("Company," "we," "us," or "our"), concerning your access to and use of the hanamoricakes.jp website as well as any other media form, media channel, mobile website, or mobile application related, linked, or otherwise connected thereto (collectively, the "Site") and our services.
You agree that by accessing the Site and/or using our services, you have read, understood, and agreed to be bound by all of these Terms of Service. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF SERVICE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND OUR SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.
Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Service at any time and for any reason. We will alert you about any changes by updating the "Last updated" date of these Terms of Service, and you waive any right to receive specific notice of each such change.
It is your responsibility to periodically review these Terms of Service to stay informed of updates. You will be subject to and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Service by your continued use of the Site after the date such revised Terms of Service are posted.
Unless otherwise indicated, the Site and our services are our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the "Content") and the trademarks, service marks, and logos contained therein (the "Marks") are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of Japan, international copyright laws, and international conventions.
The Content and the Marks are provided on the Site "AS IS" for your information and personal use only. Except as expressly provided in these Terms of Service, no part of the Site, services, or the Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content, and the Marks.
By using the Site and our services, you represent and warrant that: (1) you have the legal capacity and you agree to comply with these Terms of Service; (2) you are not a minor in the jurisdiction in which you reside, or if a minor, you have received parental permission to use the Site; (3) you will not access the Site or services through automated or non-human means, whether through a bot, script, or otherwise; (4) you will not use the Site for any illegal or unauthorized purpose; and (5) your use of the Site and services will not violate any applicable law or regulation.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your access and refuse any and all current or future use of the Site and our services (or any portion thereof).
We make every effort to display as accurately as possible the colors, features, specifications, and details of the products available on the Site. However, we do not guarantee that the colors, features, specifications, and details of the products will be accurate, complete, reliable, current, or free of other errors, and your electronic display may not accurately reflect the actual colors and details of the products.
All products are subject to availability, and we cannot guarantee that items will be in stock. We reserve the right to discontinue any products at any time for any reason. Prices for all products are subject to change without notice.
We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product or service made on the Site is void where prohibited.
Order Acceptance: All orders are subject to our acceptance. We reserve the right, at our sole discretion, to refuse or cancel any order for any reason, including but not limited to product or service availability, errors in the description or price of the product or service, error in your order, or other reasons. If we cancel your order after your payment method has been charged, we will issue a credit to your payment method in the amount of the charge.
Payment Terms: We accept various forms of payment as indicated on our Site. Payment is required at the time of order placement unless other arrangements have been made in writing. All prices are listed in Japanese Yen (¥). You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Site. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed.
Lead Times and Production: Custom cake orders require advance notice based on the complexity of the design and our current production schedule. Standard lead times are 5-7 business days for custom cakes, with complex designs requiring 10-14 business days. Rush orders may be accommodated when possible, subject to availability and additional fees. Lead times exclude weekends and public holidays. The lead time begins from the date we receive your confirmed order and payment, not from the date of initial consultation.
Pickup and Delivery: Products are available for pickup at our location during scheduled business hours or can be delivered within our service area. Delivery fees are calculated based on distance and will be clearly communicated during the ordering process. You must provide accurate delivery information including recipient name, phone number, and complete address. Someone must be available to receive the delivery at the scheduled time. We partner with local courier services for delivery, and while we strive to meet all scheduled delivery times, we are not liable for delays caused by circumstances beyond our control, including but not limited to weather conditions, traffic, courier issues, or incorrect delivery information provided by you.
Cancellation Policy: Due to the custom nature of our products and the time-sensitive production process, cancellations are subject to the following terms: Orders cancelled more than 48 hours before the scheduled pickup or delivery time are eligible for a full refund minus a 10% administrative fee. Orders cancelled between 24-48 hours before scheduled pickup or delivery time are eligible for a 50% refund. Orders cancelled less than 24 hours before scheduled pickup or delivery time are not eligible for a refund. Cancellations must be submitted in writing via email to hello@hanamoricakes.jp or confirmed via phone at +81 92-801-2680.
Order Modifications: Changes to confirmed orders may be accommodated depending on the stage of production. Modifications requested more than 48 hours before scheduled pickup or delivery can usually be accommodated without additional charge, subject to our review. Modifications requested between 24-48 hours before pickup or delivery may be possible with an additional fee, depending on the nature of the change and production status. Modifications requested less than 24 hours before pickup or delivery cannot be guaranteed and may not be possible.
Refund Policy: If you are not satisfied with your order, please contact us immediately at hello@hanamoricakes.jp or +81 92-801-2680. We take complaints seriously and will work with you to resolve any issues. Refunds or replacements are provided at our discretion and may include: full refund for products that arrive damaged or significantly differ from the order specifications; partial refund for minor issues that do not substantially affect the product; complimentary replacement cake for future delivery in cases where immediate replacement is not possible.
Refund Processing: Approved refunds will be processed to the original payment method within 5-10 business days of approval. You will receive email confirmation when your refund has been processed. Please allow additional time for your financial institution to post the credit to your account. We reserve the right to refuse refunds for damage caused after delivery, subjective taste preferences, or issues resulting from improper storage or handling after receipt.
Ingredients and Allergens: We provide detailed information about ingredients and allergens for all our products. However, our facility handles common allergens including eggs, dairy, wheat, tree nuts, peanuts, soy, and sesame. While we take precautions to prevent cross-contamination, including using separate preparation areas and cleaning protocols, we cannot guarantee that any product is completely free from allergen traces.
Customer Responsibility: It is your responsibility to inform us of any dietary restrictions, allergies, or sensitivities at the time of ordering. We will make every reasonable effort to accommodate your needs, but we cannot be held liable for allergic reactions resulting from undisclosed allergies, sensitivities, or from inadvertent cross-contamination despite our precautionary measures. If you have severe allergies, we recommend consulting with our team before placing an order to assess whether we can safely accommodate your needs.
Product Variations: As our products are handcrafted and made with natural ingredients, slight variations in appearance, color, and decoration may occur. These variations are part of the artisan nature of our products and do not constitute grounds for refusal or refund. We will make every effort to match your design specifications, but exact replication of colors, particularly when matching fabric swatches or printed materials, cannot be guaranteed due to the nature of food coloring and edible materials.
You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us. Prohibited activities include but are not limited to:
Disclaimer of Warranties: THE SITE AND OUR SERVICES ARE PROVIDED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE'S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE.
Limitation of Liability: IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE OR SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US FOR THE SPECIFIC PRODUCT OR SERVICE THAT IS THE SUBJECT OF THE CLAIM. CERTAIN JAPANESE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys' fees and expenses, made by any third party due to or arising out of: (1) your use of the Site or services; (2) breach of these Terms of Service; (3) any breach of your representations and warranties set forth in these Terms of Service; (4) your violation of the rights of a third party, including but not limited to intellectual property rights; or (5) any overt harmful act toward any other user of the Site with whom you connected via the Site.
Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
Governing Law: These Terms of Service and your use of the Site and services are governed by and construed in accordance with the laws of Japan applicable to agreements made and to be entirely performed within Japan, without regard to its conflict of law principles.
Dispute Resolution: Any legal action of whatever nature brought by either you or us (collectively, the "Parties" and individually, a "Party") shall be commenced or prosecuted in the courts of Kawasaki City, Kanagawa Prefecture, Japan, and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in such courts. The Parties agree that the courts of Kawasaki City, Kanagawa Prefecture shall have exclusive jurisdiction over any dispute arising out of or relating to these Terms.
Severability: If any provision of these Terms of Service is deemed unlawful, void, or unenforceable, then that provision shall be deemed severable from these Terms of Service and shall not affect the validity and enforceability of any remaining provisions.
Entire Agreement: These Terms of Service and any policies or operating rules posted by us on the Site or in respect to the services constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Service shall not operate as a waiver of such right or provision.
Changes to Terms: We reserve the right, in our sole discretion, to modify or replace these Terms of Service at any time. If a revision is material, we will try to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Site and services after those revisions become effective, you agree to be bound by the revised terms.
Contact Information: If you have any questions about these Terms of Service, please contact us at: Hanamori Cakes Co., Ltd., 4 Chome-11-8 Ogura, Saiwai Ward, Kawasaki, Kanagawa 212-0054, Japan. Email: hello@hanamoricakes.jp. Phone: +81 92-801-2680.
