Terms of service

Overview

Welcome to LosT Found! The terms "we", "us" and "our" refer to LosT Found. LosT Found operates this store and website, including all related information, content, features, tools, products and services, in order to provide you, the customer, with a curated shopping experience (the "Services"). LosT Found is powered by Shopify, which enables us to provide the Services to you.

The following terms and conditions, together with any policies referenced herein (these "Terms of Service" or "Terms"), describe your rights and responsibilities when you use the Services. Please read them carefully, as they contain important information about your legal rights, including disclaimers of warranties and limitations of liability.

By visiting, interacting with or using our Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms or the Privacy Policy, you may not use or access our Services.

Section 1 - Access and Account

By agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence, and that if any minor dependents use the Services on a device you own, purchase or control, you consent to their use of the Services.

For certain products and Services we provide, you may be asked to supply certain information, including email, billing, payment and shipping information. You represent and warrant that all information you provide to our store is accurate, current and complete, and that you have all rights necessary to provide this information.

You are solely responsible for maintaining the security of your account credentials and for all activity on your account. You may not transfer, sell, assign or license your account to any other person.

Section 2 - Our Products

We make every effort to represent our products and services as accurately as possible in our online store. However, please note that colors and product appearance may differ from what is displayed on your screen depending on the type and settings of the device you use to access the store.

We do not guarantee that the appearance or quality of any product or service you purchase will meet your expectations, or that it will be identical to what is depicted or presented in our online store.

All descriptions of products are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time, and we may limit the quantities of any products we offer on a case-by-case basis.

Section 3 - Orders

When you place an order, you are making an offer to purchase. LosT Found reserves the right, in its sole discretion, to accept or decline your order for any reason. An order is not accepted until LosT Found confirms acceptance. We must receive and process your payment before your order is accepted. Please review your order carefully before submitting it, as we may not be able to accommodate cancellation requests after an order has been accepted. If we do not accept, or if we modify or cancel your order, we will attempt to notify you using the email, billing address or phone number provided at the time of the order.

Purchases are eligible for return or exchange only in accordance with our Refund Policy.

You represent and warrant that your purchases are for your own personal or household use and are not intended for commercial resale or export.

Section 4 - Prices and Billing

Prices, discounts and promotions are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Unless otherwise stated, posted prices do not include taxes, shipping, handling, customs duties or import fees.

Prices posted in our online store may differ from prices offered in other stores operated by third-party services. In the event of a conflict between the terms of a promotion and these Terms, the promotional terms will govern.

You agree to provide current, complete and accurate purchase, payment and account information for all purchases made at our store. You agree to promptly update your email address and payment information as needed so that we can complete your transactions and contact you as required.

You represent and warrant that: (i) the payment information you supply is true, correct and complete; (ii) you are duly authorized to use the payment method; (iii) charges you incur will be honored by your payment provider; and (iv) you will pay all charges you incur at the posted prices, including all shipping and handling charges and all applicable taxes, if any.

Section 5 - Shipping and Delivery

We are not liable for shipping and delivery delays. All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by carriers, customs processing or other events beyond our control. Title and risk of loss pass to you when we hand the products over to the carrier.

Section 6 - Intellectual Property

Our Services (including, without limitation, all trademarks, branding, text, displays, images, graphics, product reviews, video and audio, and the design, selection and arrangement thereof) are owned by LosT Found, its affiliates or licensors, and are protected by patent, copyright and other intellectual property laws in Japan and elsewhere.

These Terms permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, republish, download, store or transmit any of the material on our Services without our prior written consent. Except as expressly provided in these Terms, no license or right under the intellectual property of LosT Found, Shopify or any third-party service is granted to you. All rights not expressly granted herein are reserved by LosT Found.

The LosT Found name, logo, product names, service names, designs and slogans are trademarks of LosT Found or its affiliates or licensors. You must not use them without the prior written permission of LosT Found. The Shopify name, logos and related marks are trademarks of Shopify. All other names, logos and marks on the Services are the trademarks of their respective owners.

Section 7 - Optional Tools

We may provide you with access to tools supplied by third-party services as part of the Services, which we neither monitor nor control.

You acknowledge and agree that any such tools are provided "as is" and "as available" without any warranties, representations or conditions of any kind. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools is entirely at your own risk and discretion, and you should ensure that you agree to the terms on which the tools are provided by the relevant third-party provider.

We may also, in the future, offer new features through the Services. Such new features shall also be considered part of the Services and subject to these Terms.

Section 8 - Links to Third-Party Services

The Services may include materials and links to websites provided or operated by third-party services. We are not responsible for the content or accuracy of any third-party materials or websites you choose to access. If you leave the Services to access these materials, you do so at your own risk.

We are not liable for any harm or damages related to your access of third-party services, or your purchase or use of any products, services or content of third-party services. Please review the policies and practices of third-party services carefully before you engage in any transaction. Complaints, claims, concerns or questions regarding third-party products and services should be directed to the third-party service.

Section 9 - Relationship with Shopify

LosT Found is powered by Shopify, which enables us to provide the Services to you. However, sales and purchases in our store are made directly by LosT Found. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sale between you and LosT Found, including any injury, damage or loss arising from purchased products or services. You hereby expressly release Shopify and its affiliates from any and all claims, damages and liabilities arising from or related to your purchases and dealings with LosT Found.

Section 10 - Privacy Policy

All personal information we obtain through the Services is subject to our Privacy Policy, and certain personal information may be subject to Shopify's Privacy Policy. By using the Services, you acknowledge that you have read our Privacy Policy.

Because the Services are hosted by Shopify, Shopify collects and processes personal information about your access to and use of the Services in order to provide and improve the Services. Information you submit will be transmitted to and shared with Shopify and third-party services, which may be located in countries other than where you reside, in order to provide the Services to you. Please see our Privacy Policy for more information.

Section 11 - Feedback

If you submit ideas, suggestions, feedback, reviews, plans or other content (collectively, "Feedback"), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute and display that Feedback in any medium for any purpose, including commercial purposes.

You further represent and warrant that: (i) you own or have all necessary rights to all Feedback; (ii) you have disclosed any compensation or incentives received in connection with your submission of Feedback; and (iii) your Feedback complies with these Terms. We are under no obligation to keep Feedback confidential, to pay compensation for it, or to respond to it.

We may, but have no obligation to, monitor, edit or remove Feedback that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, obscene or otherwise objectionable, or that violates any intellectual property rights or these Terms.

You agree that your Feedback will not violate any right of any third party and will not contain unlawful or harmful code. You may not use a false email address or impersonate any person. You are solely responsible for your Feedback and its accuracy.

Section 12 - Errors, Inaccuracies and Omissions

Occasionally there may be information on the Services that contains typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, shipping charges, transit times and availability. We reserve the right to correct any errors or omissions, to change or update information, and to cancel orders (including after you have submitted your order) without prior notice.

Section 13 - Prohibited Uses

You may use the Services only for lawful purposes. You may not use the Services, directly or indirectly: (a) for any unlawful or malicious purpose; (b) to violate any international, federal, provincial or state regulations, rules, laws or local ordinances; (c) to infringe upon our intellectual property rights or the intellectual property rights of others; (d) to harass, abuse, defame, intimidate or harm another person; (e) to submit false or misleading information; (f) to send, receive or use any material that does not comply with these Terms; (g) to transmit spam, chain letters or other unsolicited advertising; (h) to impersonate any person; or (i) to interfere with anyone's use of the Services, or to damage LosT Found, Shopify or other users.

You further agree not to: (a) upload or transmit viruses or any other malicious code; (b) reproduce, extract or resell any part of the Services; (c) track the personal information of others; (d) engage in spam, phishing or fraud; (e) access the Services using robots, scrapers, data-harvesting tools, automated devices, AI tools or similar means (except as permitted under Section 14); or (f) circumvent our security measures or access restrictions. We reserve the right to suspend or terminate your account without notice if we determine that you have violated these Terms.

Section 14 - Agents

14.1 This section (the "Agent Terms") applies where you use, permit or deploy an Agent to access, use or interact with the Services. "Agent" means software or a service capable of taking autonomous or semi-autonomous actions on behalf of a person or entity without direct supervision.

14.2 Agents may not access, use or interact with the Services unless they identify themselves and operate in accordance with the requirements in Section 14.4 below. If we request that an Agent refrain from accessing, using or interacting with any of the Services, the Agent must comply.

14.3 We may restrict, including through technical means, whether and how Agents access, use or interact with the Services.

14.4 Agents must: (i) disclose the Agent's name in all HTTP/HTTPS requests by including the user-agent string "Agent/[agent name]"; (ii) not conceal or obfuscate that access is by an Agent, including by mimicking human behavior or circumventing CAPTCHAs; (iii) respond truthfully to questions intended to determine whether an interaction is with a human or a computer; and (iv) not circumvent measures intended to block or control Agent access, use or interaction.

Section 15 - Termination

We may terminate this agreement or your access to the Services (or any part thereof) at any time, without notice, in our sole discretion. In that case, you remain responsible for all amounts due and payable up to the date of termination.

The following sections survive termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver and Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions that by their nature should survive.

Section 16 - Disclaimer of Warranties

Information provided on or through the Services is for general information purposes only. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is at your own risk.

Except as expressly stated by LosT Found, the Services and all products offered through them are provided to you "as is" and "as available", without any warranties of any kind, express or implied, including any implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. We do not warrant that your use of the Services will be uninterrupted, secure or error-free. Some jurisdictions limit the disclaimer of implied warranties, so the above disclaimers may not apply to you.

Section 17 - Limitation of Liability

To the maximum extent permitted by law, in no event shall LosT Found, our partners, directors, officers, employees, affiliates, agents, contractors, service providers, licensors, or Shopify and its affiliates, be liable for any direct, indirect, incidental, punitive, special or consequential damages (including, without limitation, lost profits, loss of data or replacement costs) arising from or relating to your use of the Services or any products, whether based on breach of contract, tort (including negligence), strict liability or otherwise.

Section 18 - Indemnification

You agree to indemnify, defend and hold harmless LosT Found, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors and service providers from any loss, damage, liability or claim, including reasonable attorneys' fees payable to third-party services, arising from or related to: (1) your breach of these Terms or the documents they incorporate by reference; (2) your violation of any law or the rights of a third-party service; or (3) your access to and use of the Services.

We will notify you of any claim subject to indemnification; however, our failure to promptly notify you will not relieve you of your obligations except to the extent you are materially prejudiced. You agree to cooperate in the defense of any indemnified claim.

Section 19 - Severability

If any provision of these Terms is determined to be unlawful, void or unenforceable, that provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms without affecting the validity and enforceability of the remaining provisions.

Section 20 - Waiver and Entire Agreement

Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of that right or provision.

These Terms and any policies or operating rules we post on this site or in respect of the Services constitute the entire agreement between you and us. These Terms supersede any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including any prior versions of these Terms). Any ambiguity in the interpretation of these Terms shall not be construed against the drafting party.

Section 21 - Assignment

You may not delegate, transfer or assign this agreement or any of your rights or obligations under these Terms without our prior written consent, and any such attempt will be void. We may transfer, assign or delegate these Terms and our rights and obligations without your consent or notice to you.

Section 22 - Governing Law

These Terms and any separate agreements under which we provide you the Services shall be governed by and construed in accordance with the laws of Japan. Any dispute arising from or relating to these Terms shall be subject to the exclusive jurisdiction of the Japanese court having jurisdiction over the location of LosT Found as the court of first instance.

Section 23 - Headings

The headings used in these Terms are for convenience only and will not limit or otherwise affect the scope of these Terms.

Section 24 - Changes to These Terms of Service

You can review the most current version of these Terms at any time on this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. We will notify you of any material changes to these Terms in accordance with applicable law, and such changes will take effect on the date specified in the notice. Your continued use of or access to the Services following the posting of any changes constitutes acceptance of those changes.

Section 25 - Contact Information

Questions about these Terms of Service should be sent to us at info@lostfound.store. Our contact information is as follows:

LosT Found (sole proprietor: Yuki Sato)
Saitama, Japan (full address available on request by email)
Email: info@lostfound.store