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Terms and Conditions

 

Amaterasu (“AMATERASU”, “we”, “our”, “us”) website (our “Site” or “Sites”) and related services are made available to you pursuant to the following Terms and Conditions (“T & C”). By visiting AMATERASU.CA, you are accepting and consenting to our T & C. We may modify the T & C from time to time, and your continued use of our Site following such change shall signify your agreement to be bound by the modified T & C. For those persons wishing to use our services, they must read and agree to be bound by our policies on this Site. If you are under 18, you must let your parent or guardian know about the T & C of our Site before you register to use this Site or any of this Site’s services.

Registration

In order to use some of the services on this site, you must register. We may change registration requirements from time to time. When you register, you are required to provide information about yourself that is true, accurate, current and complete in the required fields. Should any of your registration information change, please notify us immediately at the following e-mail address: hello@amaterasu.ca

Purchases made on the site are for the personal or gift use of the buyer only and are not to be used for re-sale, commercial purposes or any other commercial benefit. AMATERASU reserves the right to restrict multiple quantities of an item being shipped to any one customer or mailing address.

Orders

All orders are subject to availability. Occasionally, some items are sold out or are late due to a late shipment from our supplier. Should your item be out of stock, you will not be charged for it and a notification will be sent out to the email address provided in your profile.

Pricing Policy

All prices shown on the site are in CAD (Canadian dollars) and/or USD (United States dollars) and applicable taxes on goods and shipping cost will be added to your total.

Price Adjustment Policy

AMATERASU is happy to offer a Price Adjustment on items purchased up to 7 days prior to the commencement date of a sale. Please be aware that the exact style and size of an item must be available for purchase at the time your request is made before any adjustment in the sale price can be approved. All approved Price Adjustments will be credited to your AMATERASU account in the form of a store credit which will be valid for 3 months. We are unable to offer price adjustment on items originally purchased in a sale or and no further adjustment will be honoured.

Acceptance of Your Order

Once you have completed your order, a confirmation email will be sent out to you. Unless you cancel your order, acceptance of your order and completion of the contract between you and AMATERASU will be perfected when we dispatch the goods to you. The sale contract is therefore concluded in British Columbia, Canada, and the language of the contract is English. We reserve the right not to accept your order in the event, for example, that we are unable to obtain authorization for payment, that shipping and or customs duty restrictions apply to a particular item, that the item ordered is out of stock or does not satisfy our quality control standards and is withdrawn, or that you do not meet the eligibility criteria set-out above. Furthermore, we may refuse to process a transaction for any reason or refuse service to anyone at any time at our sole discretion. We will not be liable to you or any third party by reason of our withdrawing any merchandise from the Site whether or not that merchandise has been sold; removing, screening or editing any materials or content on the Site; refusing to process a transaction or unwinding or suspending any transaction after processing has begun.

Payment

Payment can be made via with major credit cards listed on the site. All credit card holders are subject to validation checks and authorization by the card issuer. If the issuer of your payment card refuses to authorize payment to AMATERASU, we will not be liable for any delay or non-delivery. We take all reasonable care to make our Site as secure as we can make it. All credit card transactions take place are processed through Stripe servers, a secure online payment gateway that encrypts your card details in a secure host environment.

Insurance and Delivery

AMATERASU insures each purchase during the time it is in transit until it is delivered to you. If you have specified a recipient who is not you for delivery purposes (for example as a gift) then you accept that evidence of a signature by them (or at that delivery address) is evidence of delivery and fulfillment by AMATERASU and transfer of responsibility in the same way.

Tracking Your Order

You can check the current status of your shipment in your unique tracking number which we emailed to you. AMATERASU will store a record of your transactions for a minimum of one year.

Duties and Taxes

All orders are subject to duties and taxes when being shipped outside of Canada. Any goods shipped outside of Canada, all Duties and Taxes will be the responsibility of the customer.

Shipping

Shipping charges are based on Canadian orders. Any orders from outside of Canada are subject to added shipping charges.

Intellectual Property Rights

You acknowledge and agree that all copyright, designs, trademarks and all other intellectual property and material rights relating to the Content as herein described, including AMATERASU Software and other code contained in this Site, shall remain at all times vested in AMATERASU and/or are the property of their respective owners. All such Content, including third party trademarks, designs and related intellectual property rights mentioned or displayed on this Site are protected by national intellectual property and other laws and international treaty provisions. You are permitted to use the Content only as expressly authorized by AMATERASU and/or its third party licensors. Any reproduction or redistribution of the above listed Content is prohibited and may result in civil and criminal penalties. Violators will be prosecuted to the fullest extent permissible under applicable law. Without limiting the foregoing, copying and use of the above listed materials to any other server, location or support for publication, reproduction or distribution is expressly prohibited.

Content

In addition to the Intellectual property rights mentioned above, Content is defined as any graphics, photographs, including all image rights, sounds, music, video, audio or text on this Site. AMATERASU.CA tries to ensure that the information on this site is accurate and complete. AMATERASU does not warrant or represent that AMATERASU’s Content is accurate, error-free or reliable or that your use of AMATERASU’s Content will not infringe rights of third parties. Your use of the Web Site is at your risk. AMATERASU does not warrant that the functional aspects of the Web Site or AMATERASU’s Content will be error free or that this Web Site, AMATERASU Content or the server that makes it available are free of viruses or other harmful components. If your use of this Web Site, or AMATERASU’s Content results in the need for servicing or replacing property, material, equipment or data, AMATERASU is not responsible for those costs. Without limiting the foregoing, everything on the Web Site is provided to you “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, REASONABLE CARE AND SKILL, OR NON-INFRINGEMENT. AMATERASU and its suppliers make no warranties about AMATERASU.CA Content, software text, downloads, graphics, and links, or about results to be obtained from using the Web Site. You bear the entire risk of the completeness, accuracy or usefulness of any Content found on this Site. AMATERASU.CA  reserves the right to withdraw, temporarily or permanently, any Content from this Site at any time and for any reason. Removal may be immediate and without notice. You confirm that AMATERASU.CA  is not liable to you or any third party for any such withdrawal.

Activity

You use this Site at your sole risk. You agree that you will be personally responsible for your use of this Site and for all of your communication and activity on this Site. We reserve the right to deny you access to this Site, or any part of this Site, at any time without notice. If we determine, in our sole discretion, that you engaged in prohibited activities, were not respectful of other users, or otherwise violated the T & C, we may deny you access to this Site on a temporary or permanent basis and any decision to do so is final.

Third Party 

We may include hyperlinks on this Site to other websites or resources operated by parties other than AMATERASU, including advertisers. AMATERASU has not reviewed all of the sites linked to its Web Site and is not responsible for the content or accuracy of any off-site pages nor are we responsible for the availability of such external websites or resources, and do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content of such websites, including (without limitation) any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external websites or resources.

General

While AMATERASU will use reasonable endeavours to verify the accuracy of any information it places on the Site, it makes no warranties, whether express or implied in relation to its accuracy. This Site is provided on an “as is” and “as available” basis without any representation or endorsement made and we make no warranties of any kind, whether express or implied, in relation to this Site, or any transaction that may be conducted on or through this Site including but not limited to, implied warranties of non-infringement, compatibility, security, accuracy, conditions of completeness, or any implied warranty arising from course of dealing or usage or trade. We make no warranty that this Site will meet your requirements or will be uninterrupted, timely, secure or error-free, that defects will be corrected, or that this Site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the materials. We will not be responsible or liable to you for any loss of Content or material uploaded or transmitted through this Site. To the fullest extent permissible under applicable law, we disclaim any and all warranties of any kind, whether express or implied, in relation to the products available through this Site including but not limited to, implied warranties of satisfactory quality and fitness for a particular purpose. Nothing in these T & C shall limit your rights as a consumer. You acknowledge that we cannot guarantee and therefore shall not be in any way responsible for the security or privacy of this Site and any information provided to or taken from this Site by you. You agree that, except for death and personal injury arising from our negligence, We will not be liable in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent misrepresentations) or otherwise out of or in connection with this contract, for any economic losses (including without limitation, loss of revenues, profits, contracts, business or anticipated savings), any loss of goodwill or reputation, or any special or indirect or consequential losses in any case whether or not such losses were incurred by that party arising out of or in connection with the provisions of any matter under the T & C.

Indemnification

At our request, you agree fully to defend, indemnify and hold harmless AMATERASU immediately on demand, its officers, directors, agents, affiliates, licensors, and suppliers, from and against all liabilities, claims, expenses, damages and losses, including legal fees, arising from any breach of the T & C by you or any other liabilities arising out of your use of this Site, or the use by any other persons accessing this Site using your Internet account. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you hereunder.

Our Relationship

You acknowledge and agree that no joint venture, partnership, employment, or agency relationship exists between you and AMATERASU as a result of the T & C or your use of this Site. You agree that you may not and will not hold yourself out as a representative, agent, or employee of AMATERASU, and we shall not be liable for any representation, act, or omission on your part.

Entire Agreement

The T & C (as amended from time to time) constitutes the entire agreement between you and AMATERASU regarding your use of this Site, and supersedes any other agreement or understanding, arrangements, undertaking or proposal, written or oral, between you and AMATERASU in relation to such matters. In the event any other rules, code of conduct, or other matter posted on this Site conflicts with the terms of the T & C, the T & C shall govern. No oral explanation or oral information given by any party shall alter the interpretation of the T & C. You confirm that, in agreeing to accept the T & C, you have not relied on any representation save insofar as the same has expressly been made a representation in the T & C and you agree that you shall have no remedy in respect of any misrepresentation which has not become a term of the T & C save that your agreement contained in this Clause shall not apply in respect of any fraudulent misrepresentation whether or not such has become a term of the T & C.

No Waiver

No waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any provision.

Governing Law

The T & C together with all our policies and procedures are governed by and construed in accordance with the laws of British Columbia applicable to contracts entered into and to be fully performed in that province, without giving effect to conflicts of laws principles and you irrevocably submit to the exclusive jurisdiction of the courts of the Province of British Columbia.