Terms of service
OVERVIEW
Welcome to VANE MERE! The terms "we", "us" and "our" refer to VANE MERE. VANE MERE
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"). VANE MERE is powered by
Shopify, which enables us to provide the Services to you.
The below 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 these Terms of Service carefully, as they include important information about your
legal rights and cover areas such as warranty disclaimers and limitations of liability.
By visiting, interacting
with or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms of
Service or Privacy Policy, you should not use or access our Services.
SECTION 1 - ACCESS AND
ACCOUNT
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, and you have given us your consent to allow any of your minor
dependents to use the Services on devices you own, purchase or manage.
To use the Services, including accessing
or browsing our online stores or purchasing any of the products or services we offer, you may be asked to provide
certain information, such as your email address, billing, payment, and shipping information. You represent and
warrant that all the information you provide in our stores is correct, 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 of your account activity. You may not transfer, sell, assign, or license your
account to any other person.
SECTION 2 - OUR PRODUCTS
We have made every effort to
provide an accurate representation of our products and services in our online stores. However, please note that
colors or product appearance may differ from how they may appear on your screen due to the type of device you use to
access the store and your device settings and configuration.
We do not warrant that the appearance or quality of
any products or services purchased by you will meet your expectations or be the same as depicted or rendered in our
online stores.
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 may limit the quantities of any products
that we offer to any person, geographic region or jurisdiction, on a case-by-case basis.
SECTION 3 -
ORDERS
When you place an order, you are making an offer to purchase. VANE MERE reserves the right
to accept or decline your order for any reason at its discretion. Your order is not accepted until VANE MERE
confirms acceptance. We must receive and process your payment before your order is accepted. Please review your
order carefully before submitting, as VANE MERE may be unable to accommodate cancellation requests after an order
is accepted. In the event that we do not accept, make a change to, or cancel an order, we will attempt to notify you
by contacting the e‑mail, billing address, and/or phone number provided at the time the order was made.
Your
purchases are subject to return or exchange solely in accordance with our Return & Refund Policy.
You represent and
warrant that your purchases are for your own personal or household use and not 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 expressly stated, posted prices do not
include taxes, shipping, handling, customs or import charges.
Prices posted in our online stores may be
different from prices offered in physical stores or in online or other stores operated by third parties. We may
offer, from time to time, promotions on the Services that may affect pricing and that are governed by terms and
conditions separate from these Terms. If there is a conflict between the terms for a promotion and these Terms, the
promotion terms will govern.
You agree to provide current, complete and accurate purchase, payment and account
information for all purchases made at our stores. You agree to promptly update your account and other information,
including your email address, credit card numbers and expiration dates, so that we can complete your transactions
and contact you as needed.
You represent and warrant that (i) the credit card information you provide is true,
correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred
by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted
prices, including 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 shipping carriers, customs
processing, or events outside our control. Once we transfer products to the carrier, title and risk of loss passes
to you.
SECTION 6 - INTELLECTUAL PROPERTY
Our Services, including but not limited to
all trademarks, brands, text, displays, images, graphics, product reviews, video, and audio, and the design,
selection, and arrangement thereof, are owned by VANE MERE, its affiliates or licensors and are protected by U.S.
and foreign patent, copyright and other intellectual property laws.
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, publicly perform, republish, download, store, or transmit any of the material on the Services
without our prior written consent. Except as expressly provided herein, nothing in these Terms grants or shall be
construed as granting a license or other rights to you under any patent, trademark, copyright, or other intellectual
property of VANE MERE, Shopify or any third party. Unauthorized use of the Services may be a violation of federal
and state intellectual property laws. All rights not expressly granted herein are reserved by VANE MERE.
NEVER
GAPE's names, logos, product and service names, designs, and slogans are trademarks of VANE MERE or its affiliates
or licensors. You must not use such trademarks without the prior written permission of VANE MERE. Shopify's name,
logo, product and service names, designs and slogans are trademarks of Shopify. All other names, logos, product and
service names, designs, and slogans on the Services are the trademarks of their respective owners.
SECTION 7 - OPTIONAL TOOLS
You may be provided with access to customer tools offered by
third parties as part of the Services, which we neither monitor nor have any control nor input.
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
features through the Services (including the release of new tools and resources). Such new features shall also be
deemed part of the Services and are subject to these Terms of Service.
SECTION 8 - THIRD-PARTY
LINKS
The Services may contain materials and hyperlinks to websites provided or operated by third
parties (including any embedded third party functionality). We are not responsible for examining or evaluating the
content or accuracy of any third-party materials or websites you choose to access. If you decide to leave the
Services to access these materials or third party sites, you do so at your own risk.
We are not liable for any
harm or damages related to your access of any third-party websites, or your purchase or use of any products,
services, resources, or content on 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 and services should be directed to the third-party.
SECTION
9 - RELATIONSHIP WITH SHOPIFY
[NOTE TO MERCHANT: This section accurately characterizes Shopify's
relationship with your store and should not be removed or modified.]
VANE MERE is powered by Shopify, which
enables us to provide the Services to you. However, any sales and purchases you make in our Store are made directly
with VANE MERE. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of
any sales between you and VANE MERE, including any injury, damage, or loss resulting from purchased products and
services. You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising
from or related to your purchases and transactions with VANE MERE.
SECTION 10 - PRIVACY
POLICY
All personal information we collect through the Services is subject to our Privacy Policy,
which can be viewed here here, and certain personal
information may be subject to Shopify's Privacy Policy, which can be viewed here. By using the Services, you acknowledge that you
have read these privacy policies.
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 for
you. Information you submit to the Services will be transmitted to and shared with Shopify as well as third parties
that may be located in other countries than where you reside, in order to provide services to you. Review our
privacy policy here for more details on how we, Shopify,
and our partners use your personal information.
SECTION 11 - FEEDBACK
If you submit,
upload, post, email, or otherwise transmit any ideas, suggestions, feedback, reviews, proposals, plans, or other
content (collectively, "Feedback"), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use,
reproduce, modify, publish, distribute and display such Feedback in any medium for any purpose, including for
commercial use. We may, for example, use our rights under this license to operate, provide, evaluate, enhance,
improve and promote the Services and to perform our obligations and exercise our rights under the Terms of Service.
You also 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 will comply with these Terms. We are and shall be under no obligation (1) to maintain your Feedback in
confidence; (2) to pay compensation for your Feedback; or (3) to respond to your Feedback.
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, pornographic, obscene or otherwise objectionable or violates any party's
intellectual property or these Terms of Service.
You agree that your Feedback 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 Feedback will not contain libelous or otherwise unlawful, abusive or obscene Feedback, or
contain any computer virus or other malware that could in any way affect the operation of the Services or any
related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise
mislead us or third-parties as to the origin of any Feedback. You are solely responsible for any Feedback you make
and its accuracy. We take no responsibility and assume no liability for any Feedback posted by you or any
third-party.
SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be
information on or in the Services that contain 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 is inaccurate at any time without prior notice (including after you have submitted your
order).
SECTION 13 - PROHIBITED USES
You may access and use the Services for lawful
purposes only. You may not access or 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 or violate our intellectual property rights or the intellectual property rights of
others; (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or harm any of our employees or
any other person; (e) to transmit false or misleading information; (f) to send, knowingly receive, upload, download,
use, or re-use any material that does not comply with the these Terms; (g) to transmit, or procure the sending of,
any advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar
solicitation; (h) to impersonate or attempt to impersonate any other person or entity; or (i) to engage in any other
conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which, as determined by us, may
harm VANE MERE, Shopify or users of the Services, or expose them to liability.
In addition, you agree not to:
(a) 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 the Services; (b) reproduce, duplicate, copy, extract, sell, resell or
exploit any portion of the Services; (c) collect or track the personal information of others; (d) spam, phish,
pharm, or pretext the services; (e) use any robot, spider, scraping, data gathering and extraction tools, automatic
devices or processes, AI tools (such as agentic AI) or automated or manual means to access the Services; or (f)
interfere with, bypass, or circumvent the security or authorization features, robot exclusion headers, or other
measures we employ to restrict access to the Services. We reserve the right to suspend, disable, or terminate your
account at any time, without notice, if we determine that you have violated any part of these Terms.
SECTION 14 - AGENTS
14.1 This section ("Agent Terms") applies if you use, allow,
enable, or cause the deployment of an Agent to access, use, or interact with any Services. "Agent" means any
software or service that takes autonomous or semi-autonomous action on behalf of, or at the instruction of, any
person or entity and that can be executed on behalf of or using persons device, without direct supervision.
14.2
No Agent may access, use, or interact with Services unless, at all times, it identifies itself and operates in
strict accordance with the requirements in section 14.4 below. In addition, no Agent may access, use, or interact
with Services if we have requested that the Agent refrain from accessing, using, or interacting with any service.
14.3 We may limit, including by technical measures, whether and how any Agent accesses, uses, and interacts with
Services.
14.4 Agents must: (i) in all HTTP/HTTPS requests, identify that the request is from an Agent and
disclose the name of the Agent by including the following in the request's user agent string: "Agent/[agent name]";
(ii) not conceal or obfuscate that any access, use, or interactions are from an Agent, such as by (a) mimicking
human behavior and interaction patterns, or (b) completing or circumventing CAPTCHAs or measures intended to
distinguish computer use from humans, (iii) respond truthfully to any question or prompt seeking to determine if
interactions are coming from a human or a computer, (iv) not circumvent or otherwise avoid any measure intended to
block, limit, modify, or control whether and how Agents access, use, or interact with the Services.
SECTION 15 - TERMINATION
We may terminate this agreement or your access to the Services
(or any part thereof) in our sole discretion at any time without notice, and you will remain liable for all amounts
due up to and including the date of termination.
The following sections will continue to apply following any
termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability,
Indemnification, Severability, Waiver; Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other
provisions that by their nature should survive termination.
SECTION 16 - DISCLAIMER OF
WARRANTIES
The information presented on or through the Services is made available solely for
general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any
reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility
arising from any reliance placed on such materials by you or any other visitor to the Services, or by anyone who may
be informed of any of its contents.
EXCEPT AS EXPRESSLY STATED BY VANE MERE, THE SERVICES AND ALL PRODUCTS
OFFERED THROUGH THE SERVICES ARE 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. WE
DO NOT GUARANTEE, REPRESENT OR WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR
ERROR-FREE. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE
DISCLAIMER MAY NOT APPLY TO YOU.
SECTION 17 - LIMITATION OF LIABILITY
TO THE FULLEST
EXTENT PROVIDED BY LAW, IN NO CASE SHALL VANE MERE, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES,
AGENTS, CONTRACTORS, SERVICE PROVIDERS OR LICENSORS, OR THOSE OF SHOPIFY AND ITS AFFILIATES, 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 THE SERVICES OR ANY PRODUCTS PROCURED USING THE SERVICES, OR FOR ANY OTHER CLAIM RELATED IN ANY
WAY TO YOUR USE OF THE SERVICES 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 THE SERVICES OR ANY CONTENT (OR
PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, EVEN IF ADVISED OF THEIR POSSIBILITY.
SECTION 18 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless NEVER
GAPE, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and
service providers from any losses, damages, liabilities or claims, including reasonable attorneys' fees, payable to
any third party due to or arising out of (1) your breach of these Terms of Service or the documents they incorporate
by reference, (2) your violation of any law or the rights of a third party, or (3) your access to and use of the
Services.
We will notify you of any indemnifiable claim, provided that a failure to promptly notify will not
relieve you of your obligations unless you are materially prejudiced. We may control the defense and settlement of
such claim at your expense, including choice of counsel, but will not settle any claim requiring non-monetary
obligations from you without your consent (not to be unreasonably withheld). You will cooperate in the defense of
indemnified claims, including by providing relevant documents.
SECTION 19 - 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.
SECTION 20 - WAIVER; 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 the Service 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 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 null and void. We may transfer, assign, or delegate these Terms and our rights
and obligations without consent or notice to you.
SECTION 22 - GOVERNING LAW
These
Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in
accordance with the federal and state or territorial courts in the jurisdiction where VANE MERE is headquartered.
You and VANE MERE consent to venue and personal jurisdiction in such courts.
SECTION 23 -
HEADINGS
The headings used in this agreement are included for convenience only and will not limit
or otherwise affect these Terms.
SECTION 24 - CHANGES TO TERMS OF SERVICE
You can
review the most current version of the Terms of Service at any time on this page.
We reserve the right, in 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. We will notify you of any
material changes to these Terms in accordance with applicable law, and such changes will be effective on the date
specified in the notice. Your continued use of or access to the Services following the posting of any changes to
these Terms of Service constitutes acceptance of those changes.
SECTION 25 - CONTACT
INFORMATION
Questions about the Terms of Service should be sent to us at support@vanemere.com.
Our contact information is posted
below:
Seller: VANE MERE
Email: support@vanemere.com
Phone number: +81 9047834973
Address: 2F-C, Shibuya Dogenzaka Tokyu Building, 1-10-8 Dogenzaka, Shibuya-ku, Tokyo,
Japan