Terms & Conditions
By browsing, accessing or using this website or by using any facilities or services made available through it or by transacting through or on it, you are agreeing to the terms and conditions that appear below (all of which are called the “Agreement”). This Agreement is made between you and us. Power in Stones (https://power-in-stones.com) is a website (the “Website”) operated by Power in Stones (the “Website Owner”). The Website Owner, including subsidiaries and affiliates (or “we” or “us” or “our”) provides the information contained on this Website or any of the pages comprising the Website to visitors (“Visitors”) (cumulatively referred to as “you” or “your” hereinafter) subject to the terms and conditions set out in these Website terms and conditions, the privacy policy, refund policy and any other relevant terms and conditions, policies and notices which may be applicable to a specific section or module of this website.
Website Availability
In the event that Power in Stones, in its sole discretion, considers that you are making any illegal and/or unauthorised use of the Website, and/or your use of the Website is in breach of these Terms, we reserves the right to take any action that it deems necessary, including and not limited to termination of your use of the Website without notice and, in the case of illegal use, instigating legal proceedings.
We reserves all rights to make any changes to the Website or to discontinue any aspect or feature of the Website without prior notice. We may suspend the Website for any reason whatsoever, including but not limited to repairs, planned maintenance or upgrades, and shall not be liable to you for any such suspension.
Your Status
By placing an order to purchase products (Order) through the Website, you warrant that:
You are at least at the age of 18 years old; and
You are legally capable of entering into binding contracts.
The Contract Between You and Us
For the avoidance of doubt, your contract with us relates only to your use of the Website and the products available therein.
After placing an Order, you will receive an email from us acknowledging that we have received your order. Please note that this does not mean that your Order has been accepted. Your Order constitutes an offer to us to buy a product via the Website. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an email that confirms that the Purchase (the Purchase Confirmation). The contract between you and us (Contract) will only be formed when we send you the Purchase Confirmation.
Credit Card Payment
The liability to use a card fraudulently will be on the user and the onus to ‘prove otherwise’ shall be exclusively on the user. We will not be liable for any credit card fraud. In a credit card transaction, you must use your own credit card.
When a card is being used for your purchase, you will receive a transaction with '0362638855-IOJ-ecshop' as the transaction's billing descriptor.
Trademarks
Trademarks, names, logos and service marks (collectively “trademarks”) displayed on this website are registered and unregistered trademarks of the Website Owner. Nothing contained on this website should be construed as granting any license or right to use any trademark without the prior written permission of the Website Owner.
Specific Use
You further agree not to use the website to send or post any message or material that is unlawful, harassing, defamatory, abusive, indecent, threatening, harmful, vulgar, obscene, sexually orientated, racially offensive, profane, pornographic or violates any applicable law and you hereby INDEMNIFY the Website Owner against any loss, liability, damage or expense of whatever nature which the Website Owner or any third party may suffer which is caused by or attributable to, whether directly or indirectly, your use of the website to send or post any such message or material.
Orders
By completing the purchase transaction, you will receive a receipt of purchase via email, completed with Order Id and date of purchase. Orders will only be confirmed when you receive the Purchase Confirmation email by us.
Non-acceptance of orders by us
We can refuse to accept or fulfill any order in our absolute discretion, including, without limitation, if:
There is a pricing or description error when the order is placed which is obvious and could have reasonably been recognized as a mispricing;
Your payment is refused;
If we refuse to accept an order, we will not be obliged to offer any compensation for loss or disappointment suffered by you.
Disclaimer of Liability
When rendering our Services, we will not verify if, and cannot guarantee that, all information is accurate, complete or correct, nor can we be held responsible for any errors (including manifest and typographical errors), inaccurate, misleading or untrue information or non-delivery of information.
The Website Owner shall not be responsible for and DISCLAIMS all liability for any loss, liability, damage (whether direct, indirect or consequential), personal injury or expense of any nature whatsoever which may be suffered by you or any third party (including your company), as a result of or which may be attributable, directly or indirectly, to your access and use of the website, any information contained on the website, your or your company’s personal information or material and information transmitted over our system. In PARTICULAR, neither the Website Owner nor any third party or data or content provider shall be liable in any way to you or to any other person, firm or corporation whatsoever for any loss, liability, damage (whether direct or consequential), personal injury or expense of any nature whatsoever arising from any delays, inaccuracies, errors in, or omission of any share price information or the transmission thereof, or for any actions taken in reliance thereon or occasioned thereby or by reason of non-performance or interruption, or termination thereof.
User of the Website
The Website Owner does not make any warranty or representation that information on the website is appropriate for use in any jurisdiction (other than Japan). By accessing the website, you warrant and represent to the Website Owner that you are legally entitled to do so and to make use of information made available via the website.
Non-Commercial Use
This Website is for your personal, non-commercial use only. You may not use this site, or any of its content, to further any commercial purpose, including any advertising or advertising revenue generation activity on your own site. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, or sell any content, software, products, or services contained within this site.
Visitor Registration
Registration requirements may change from from time to time. When you register, you are required to provide information about yourself that is true, accurate, current and complete in all respects. Should any of your registration information change, please notify us immediately either using the Website’s automated service, or via e-mail at info@shoppu.com. Visitors will need to register with the Website in order to use some of the services or features made available on this Website.
General
Entire Agreement
These website terms and conditions constitute the sole record of the agreement between you and the Website Owner in relation to your use of the website. Unless otherwise specifically stated that these website terms and conditions supersede and replace all prior commitments, undertakings or representations, whether written or oral, between you and the Website Owner in respect of your use of the website. Neither you nor the Website Owner shall be bound by any express tacit or implied representation, warranty, promise or the like not recorded herein.
Alteration
The Website Owner may at any time modify any relevant terms and conditions, policies or notices. You acknowledge that by visiting the website from time to time, you shall be bound to the current version of the relevant terms and conditions (the “current version”) and, unless stated in the current version, all previous versions shall be superseded by the current version. You shall be responsible for reviewing the then current version each time you visit the website.
Conflict
Where any conflict or contradiction appears between the provisions of these website terms and conditions and any other relevant terms and conditions, policies or notices, the other relevant terms and conditions, policies or notices which relate specifically to a particular section or module of the website shall prevail in respect of your use of the relevant section or module of the website.
Cession
The Website Owner shall be entitled to cede, assign and delegate all or any of its rights and obligations in terms of any relevant terms and conditions, policies and notices to any third party.
Severability
Any provision of any relevant terms and conditions, policies and notices, which is or becomes unenforceable in any jurisdiction, whether due to voidness, invalidity, illegality, unlawfulness or for any reason whatever, shall, in such jurisdiction only and only to the extent that it is so unenforceable, be treated as pro non scripto and the remaining provisions of any relevant terms and conditions, policies and notices shall remain in full force and effect. All provisions of any relevant terms and conditions, policies and notices are, notwithstanding the manner in which they have been grouped together or linked grammatically, severable from each other.
Applicable
You hereby consent to the exclusive jurisdiction of the courts of Japan in respect of any disputes arising in connection with the website, or any relevant terms and conditions, policies and notices or any matter related to or in connection therewith. Any relevant terms and conditions, policies and notices shall be governed by and construed in accordance with the laws of Japan without giving effect to any principles of conflict of law.