The CIDER ON FILM online shop is provided by CIDER ON FILM (hereinafter referred to as "CIDER ON FILM," "we," "us," or "our"). These TERMS & CONDITIONS (hereinafter referred to as these "TERMS & CONDITIONS") govern your access to and use of the cideronfilm.bigcartel.com online shopping website (hereinafter referred to as the "Website") and all services provided via the Website (hereinafter referred to as the "Services"). The term “you” or “your” shall refer to any person or entity that views, uses, accesses, browses, or submits any content or material to the Website. Access to the Website, the use of the Services, and the purchase of products is subject to these TERMS & CONDITIONS and the PRIVACY POLICY available on the Website. As used in these TERMS & CONDITIONS, references to our “Affiliates” include our owners, subsidiaries, affiliated companies, officers, directors, managers, suppliers, partners, sponsors, employees, contractors and advertisers, and includes (without limitation) all parties involved in creating, producing, and/or delivering the Website and its contents, the Services, and/or the Products.
ACCEPTANCE OF THESE TERMS & CONDITIONS
These TERMS & CONDITIONS apply to all Website visitors and users of the Website or Services, and by visiting or using the Website, you agree to be bound by these TERMS & CONDITIONS. If you don't agree with any term or condition in these TERMS & CONDITIONS, please do not use the Website or any Service. Any violation of the TERMS & CONDITIONS as described herein may lead to the suspension of the Services provided to you. We reserve the right to terminate the Services at any time for any reason whatsoever and do not guarantee continued access to the Services. These TERMS & CONDITIONS are subject to change without notice. While we make effort to respond to feedback, we do not guarantee technical or other user support.
MINORS
The Services are available only to, and may only be used by, individuals who are of adult age that can form legally binding contracts under applicable law. Individuals under adult age can use the Services only in conjunction with and under the supervision of a parent or legal guardian. In this case, the adult is the user and is responsible for any and all activities, subscribers, and purchases.
ELIGIBILITY FOR USE
We may, at our sole discretion, refuse to offer the Services to any person or entity and may change the eligibility criteria for such at any time. You are solely responsible for ensuring that these TERMS & CONDITIONS are in compliance with all laws, rules, and regulations applicable to you. The right to access the Services may be revoked where these TERMS & CONDITIONS or use of the Services is prohibited or to the extent that the offering, sale, or provision of the Services or the Products conflicts with any applicable law, rule, or regulation. Further, the Services are offered only for your use, and not for the use or benefit of any third party.
WEBSITE CONTENT
You have a personal, non-transferable, non-exclusive right to access and use the Content of this Website subject to these TERMS & CONDITIONS. The term "Content" refers to all information, text, images, data, links, software, or other material accessible through the Website or Services, whether created by us or provided by another person for display on the Website or through the Services. The Content may contain typographical errors, other inadvertent errors, or inaccuracies. We reserve the right to make changes to document names and content, descriptions or specifications of products or services, or other information without obligation to issue any notice for such changes. You may view, copy, download, and print the Content that is available on this Website or through the Services, so long as the Content is used solely for internal informational purposes only. No part of this Website or its Content may be reproduced or transmitted in any form, by any means, electronic or mechanical, including photocopying and recording for any other purpose other than for personal promotional or informational purpose. Nothing contained on this Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use this Website or any Content displayed on this Website, through the use of framing or otherwise, except: (a) as expressly permitted by these TERMS & CONDITIONS; or (b) with our prior written permission or the permission of such third party that may own the trademark or copyright of the material displayed on this Website. All images shown on this Website are for reference purposes only. We reserve the right to change the contents at any time, and we reserve the right to cancel the Services at any time.
REGISTRATION AND PRODUCT SALES
In order to purchase from the CIDER ON FILM online store, you must add products to your cart and complete the checkout procedure. To register you can simply provide the information required in our checkout registration forms, which can be accessed through the Website. All information that you provide to us is subject to the PRIVACY POLICY. You are responsible for ensuring that your registration information is correct.
USAGE OF PRODUCTS
CIDER ON FILM does not take responsibility for any medical emergencies caused by the use of our products. In all cases of discomfort, discontinue use and consider care if necessary.
BILLING AND PAYMENTS
Payment is by credit card only. All information that you provide to CIDER ON FILM, including your credit card information, is subject to the PRIVACY POLICY. All purchases are processed via the STRIPE e-commerce payment processing service (stripe.com), which will transfer and deliver the funds to us at the time of purchase. We are not responsible for any fees or charges that your issuing bank or credit card provider may charge you. By submitting your credit card information, you grant CIDER ON FILM the right to process your information with said third-party payment service, which may change from time to time; and you agree that CIDER ON FILM will not be responsible for any failures of the third-party payment service to adequately protect such information. All financial matters regarding your information are subject to the conditions of the third-party payment service provider's terms of service. You acknowledge that we may change the third-party payment service and move your information to other service providers that also encrypt your information using secure socket layer technology (SSL) or other comparable security technology. All sales are final: No claims, no returns. However, if you have a complaint, please contact us at [email protected]. We will do our best to rectify any problems very quickly and will use the feedback for future improvement.
SHIPPING, CUSTOMS, AND RISK OF LOSS
Shipments are trackable. The tracking number can be provided to you automatically upon product shipment. The Products purchased from this Website will be shipped by a third-party carrier. As a result, title and risk of loss or damage for such Products will pass to you upon the delivery of the Products to the carrier by CIDER ON FILM. Any shipping dates and/or arrival times given are only estimates. If packages are lost in the mail, we may re-send them upon our discretion, but we make no such guarantees. Only a single shipping attempt is included in the price of the product. Items are, more often than not, shipped internationally. When items cross borders, while rare they may be subject to customs duties at sampling intervals as determined by customs officials. Handling such customs duties is the customer's responsibility, as the customer is the importer of such items. No customs duties or customs handling services of any kind are included in the price of CIDER ON FILM products. Also, please be advised that we are not responsible for damage during shipping. For such a case, please contact your local shipping handler. However, we take all precautions to make sure that you receive your box without any problems. Should a case of non-arrival occur, please contact your local shipping handler directly or contact us at [email protected].
SALES TAXES
Shipping for the U.S., EU, U.K., Australia, New Zealand, and Canada includes all local taxes. Taxes for Japan and all other regions are calculated separately.
GENERAL DISCLAIMERS
You assume all responsibility and risk with respect to your use of the Website. THE WEBSITE AND ALL CONTENT, MERCHANDISE, AND OTHER INFORMATION ON OR ACCESSIBLE FROM OR THROUGH THIS WEBSITE OR A “LINKED” SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SECURITY, OR ACCURACY. SPECIFICALLY, BUT WITHOUT LIMITATION, CIDER ON FILM DOES NOT WARRANT THAT: (1) THE INFORMATION ON THIS WEBSITE IS CORRECT, ACCURATE, OR RELIABLE; (2) THE FUNCTIONS CONTAINED ON THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE; (3) DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (4) THAT THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION PURCHASED OR OBTAINED BY YOU FROM THE WEBSITE FROM US OR OUR AFFILIATES WILL MEET YOUR EXPECTATIONS. CIDER ON FILM makes no warranties of any kind regarding any sites to which you may be directed or hyperlinked from this Website. Hyperlinks are included solely for your convenience, and CIDER ON FILM makes no representations or warranties with regard to the accuracy, availability, suitability, or safety of information provided at such sites. CIDER ON FILM does not endorse, warrant, or guarantee any products or services offered or provided by or on behalf of third parties on the Website.
EXCLUSIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
IN NO EVENT SHALL CIDER ON FILM OR ITS OFFICERS, DIRECTORS, MANAGERS, EMPLOYEES, OR AFFILIATES BE LIABLE TO ANY USER OF THIS WEBSITE OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, OR LOSS OF USE) ARISING OUT OF THE USE, INABILITY TO USE, UNAUTHORIZED ACCESS TO OR USE OR MISUSE OF THE PRODUCTS OR THE SERVICES OR THE WEBSITE OR ANY INFORMATION CONTAINED THEREON, WHETHER BASED UPON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF THE PERSON OR ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. Further, we shall not be liable for any unauthorized access to our servers or stored personal/financial information. We make no guarantees for the availability or reliability of the website, products, or services or for the safety of use or the suitability of the services to your purpose. Our responsibility shall be limited to the fullest extent permitted by Japanese law.
PROFESSIONAL ADVICE DISCLAIMER
Any information that we provide to you, including product descriptions and instructions, is for informational purposes only. Use of the Website is not meant to serve as a substitute for professional advice. You should read and strictly follow all product labels, packaging inserts and instructions, and manufacturer directions and warnings before using any product. When appropriate, you should seek independent professional advice.
INDEMNIFICATION
By using this Website, the Services, or the Products, you agree to indemnify, hold harmless, and defend CIDER ON FILM and its Affiliates from any claims, damages, losses, liabilities, and all costs and expenses of defense, including but not limited to, attorneys' fees, resulting directly or indirectly from a claim by a third party that arises in connection with (i) use of this Website, the Services, or the Products by you or any other person accessing the Website using your member login account, (ii) your violation of any term of these TERMS & CONDITIONS; or (iii) your violation of any third-party right, including without limitation any copyright, property, or privacy right.
INTELLECTUAL PROPERTY RIGHTS
Unless otherwise noted, all Content contained on this Website is the property of CIDER ON FILM and/or its Affiliates or licensors, and is protected from unauthorized copying and dissemination by copyright law, trademark law, international conventions, and other intellectual property laws. Product names are trademarks or registered trademarks of their respective owners. We do not claim ownership of Content submitted by users without compensation by CIDER ON FILM and with the expectation that such Content will be made publicly accessible through our Website. By submitting such Content, however, you agree to grant us a worldwide, royalty-free, perpetual, irrevocable, non-exclusive license to use, distribute, reproduce, modify, adapt, create derivative works from, and publicly perform or display such Content. This license shall remain in effect until we delete the Content from our systems. We respect the intellectual property of others, and we ask you to do the same. If you or any user of this Website believes its copyright, trademark, or other property rights have been infringed on via a posting on this Website, you or the user should send notification to us immediately. To be effective, the notification must include: 1. A physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed on; 2. Identification of the copyrighted work claimed to have been infringed on; 3. Information reasonably sufficient to permit us to contact the complaining party, such as address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted; 4. Identification of the material that is claimed to be infringing on or to be subject to infringing activity and that is to be removed, along with information reasonably sufficient to permit us to locate the materials; 5. A statement that the complaining party has a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, agent, or the law; and 6. A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringing. You acknowledge and agree that upon the receipt of a notice of a claim of copyright infringement, we may immediately remove the identified materials from our Website without liability to you or any other party.
NO IMPLIED ENDORSEMENTS
In no event shall any reference to any third party or a third-party product or service be construed as an approval or endorsement by CIDER ON FILM of that third party or of any product or service provided by that third party. Likewise, a link to any third-party website does not imply that we endorse or accept any responsibility for the content or use of such website. As with the purchase of a product or service through any medium or in any environment, you are responsible for exercising appropriate judgment and caution.
JURISDICTIONAL ISSUES
We make no representation that the information on this Website, the Products, or Services that we provide are appropriate or available for use outside Japan. Those who choose to access this Website from outside Japan do so on their own initiative and at their own risk and are responsible for compliance with applicable local laws.
TERMINATION
We may terminate any user's access to our Website or Services, at our sole discretion, for any reason and at any time, with or without prior notice. It is our policy to terminate users that violate these TERMS & CONDITIONS, as deemed appropriate at our sole discretion. You agree that we are not liable to you or any third party for any termination of your access to our Website or Services.
DISPUTES
These TERMS & CONDITIONS shall be governed by and construed in accordance with the laws of Japan. Any dispute relating in any way to your visit to, or use of, the Website, to the Products you purchase through the Website (including a subscription), or to your relationship with CIDER ON FILM shall be submitted for confidential arbitration to the court of first instance in Japan; provided, however, that to the extent that you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any court in Japan. You hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in the courts of Japan. Arbitration under these TERMS & CONDITIONS will be conducted pursuant to the commercial arbitration rules then prevailing in Japan. The arbitrator’s award will be final and binding, and may be entered into as a judgment in any court in Japan of competent jurisdiction. To the fullest extent permitted by applicable Japanese law, no arbitration under these TERMS & CONDITIONS will be joined to an arbitration involving any other party subject to these TERMS & CONDITIONS, whether through class-action proceedings or otherwise. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, related to or connected with the use of this Website or these TERMS & CONDITIONS must be filed within one (1) year after such claim of action arose or be forever banned. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, and allows for more-limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. YOU AND CIDER ON FILM AGREE THAT EACH MAY ONLY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and CIDER ON FILM agree otherwise, the arbitrator may not consolidate more than one person's claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim.
SEVERABILITY
If any part of these TERMS & CONDITIONS is held to be unlawful, void, or unenforceable, that part will be deemed severable and shall not affect the validity and enforceability of the remaining provisions.
ENTIRE TERMS & CONDITIONS
These TERMS & CONDITIONS constitute the entire agreement and understanding between the parties relating to the subject matter herein. We may, at our sole discretion and without notice, revise these terms at any time by updating this posting.
NOTICE
Except as explicitly stated otherwise, any notice required or permitted by these TERMS & CONDITIONS must be made in writing. Any notice to CIDER ON FILM must be given by postal mail after an inquiry and a request for company address is made to [email protected]. Any notice to you may be given: (1) to the email address that you provide to CIDER ON FILM during registration or when your email address changes, in which case notice will be deemed sufficient 24 hours after the email is sent unless the sending party is notified that the email address is invalid; or (2) by certified mail, postage prepaid, return receipt requested, to the last mailing address you provided to CIDER ON FILM, in which case the notice will be deemed sufficient one week after the mailing date.
MISCELLANEOUS
We shall not be liable for any failure to perform our obligations hereinunder where such failure results from any cause beyond our reasonable control, including, without limitation, mechanical, electronic, or communications failure or degradation, or due to force majeure events, such as earthquake, tsunami, floods, storms, infrastructure collapse, war, civil disturbances, rioting, or acts of God. These TERMS & CONDITIONS are personal to you and are not assignable, transferable, or sublicensable by you except with our prior written consent. We may assign, transfer, or delegate any of our rights and obligations hereinunder without consent. No agency, partnership, joint venture, or employment relationship is created as a result of these TERMS & CONDITIONS, and neither party has any authority of any kind to bind the other in any respect. Our failure to enforce any part of these TERMS & CONDITIONS shall not constitute a waiver of our right to later enforce that or any other part of these TERMS & CONDITIONS. Waiver of compliance in any particular instance does not mean that we will waive compliance in the future. In order for any waiver of compliance with these TERMS & CONDITIONS to be binding, we must provide you with written notice of such waiver through one of our authorized representatives.
MODIFICATIONS TO THESE TERMS & CONDITIONS
We may change the TERMS & CONDITIONS at any time for any reason by updating this posting. You are responsible for periodically reviewing these TERMS & CONDITIONS for revisions. Changes in the TERMS & CONDITIONS will be effective when posted. If CIDER ON FILM makes a material change, CIDER ON FILM will notify you here in these TERMS & CONDITIONS or by any other means as we deem appropriate. CIDER ON FILM may determine, at its sole discretion, in good faith, what constitutes a "material change" using common sense and reasonable judgment. Your use of the Website and/or the Services after we have modified this posting will constitute your acceptance of any changes.
Finally, your usage of the Website and all its Content and functions explicitly implies your consent to these TERMS & CONDITIONS.
CONTACT
For any problems with purchasing, shipping, or the online shop, please contact [email protected]. For any other reason, you may contact us at the same address: [email protected]
Effective date of these TERMS & CONDITIONS: Jan. 1, 2021