Terms of service

OVERVIEW
Welcome to taikoSHIN! The terms “we,” “us,” and ‘our’ refer to taikoSHIN. taikoSHIN operates this store and website, including all related information, content, features, tools, products, and services, to provide you, the customer, with a personalized shopping experience (the “Services”). taikoSHIN is based on Shopify, which enables us to provide the Services to you.

The following terms and conditions, together with the policies referenced herein (these “Terms and Conditions” or “Terms”), describe your rights and obligations when you use the Services.

Please read these Terms and Conditions carefully, as they contain important information about your legal rights and cover topics such as warranty disclaimers and limitations of liability.

By visiting, interacting with, or using our Services, you agree to these Terms and Conditions and our Privacy Policy https://taikoshin.com/en/policies/privacy-policy. If you do not agree to these Terms and Conditions or the Privacy Policy, you may not use or access our Services.

SECTION 1 – ACCESS AND ACCOUNT
By agreeing to these Terms and Conditions, you represent that you are of legal age in the state or region where you reside and that you have given us your consent to allow your minor dependents to use the Services on devices that you own, have purchased, or manage.
In order to use the Services, including accessing or browsing our online stores or purchasing products or services we offer, you may be asked to provide certain information, such as your email address and billing, payment, and delivery information. You represent and warrant that all information you provide in our stores is accurate, current, and complete, and that you have the full right to provide such information.
You are solely responsible for the security of your account login information and for all activity on your account. You may not transfer, sell, assign, or license your account to another person.

SECTION 2 – OUR PRODUCTS
We have made every effort to display our products and services as accurately as possible in our online stores. However, we would like to point out that the colors or appearance of the products may differ from those displayed on your screen due to the device you use to access the shop and its settings and configuration.
We do not guarantee that the appearance or quality of the products or services you purchase will meet your expectations or correspond to the representations in our online shops.
All product descriptions are subject to change at any time without notice at our sole discretion. We reserve the right to remove products from our range at any time and to limit the quantities of products we offer to any person, geographic region, or jurisdiction on a case-by-case basis.

Section 3 – ORDERS
By placing an order, you are making an offer to purchase. taikoSHIN reserves the right to accept or reject your order at its sole discretion for any reason. Your order is only considered accepted once it has been confirmed by taikoSHIN. Acceptance of your order is conditional upon receipt and processing of your payment. Please check your order carefully before submitting it, as taikoSHIN may not be able to accommodate cancellation requests after an order has been accepted. If we do not accept, change, or cancel an order, we will attempt to notify you via the email address, billing address, and/or phone number provided when you placed your order.
Returns or exchanges of your purchases will only be made in accordance with our right of withdrawal https://taikoshin.com/en/policies/refund-policy. 
You represent and warrant that your purchases are for your personal use or use in your household and not for commercial resale or export.

SECTION 4 – PRICES AND BILLING
Prices, discounts, and special offers are subject to change without prior notice. The price charged for a product or service is the price valid at the time of ordering and will be specified in the order confirmation you receive by email. Unless expressly stated otherwise, the prices quoted do not include taxes, shipping, handling, customs, or import fees.
The prices quoted in our online stores may differ from the prices in brick-and-mortar stores or in online stores or other stores operated by third parties. We may offer promotions for the Services from time to time that may affect pricing and are subject to terms and conditions other than these Terms. In the event of any conflict between the terms of a promotion and these Terms, the terms of the promotion shall prevail.
You agree to provide current, complete, and accurate purchase, payment, and account information for all purchases made in 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 authorized to use this credit card for the purchase, (iii) the charges incurred by you will be honored by your credit card company, and (iv) you will pay the charges incurred by you at the prices quoted, including shipping and handling charges and all applicable taxes.

SECTION 5 – DIGITAL VOUCHERS (GIFT CARDS)
(1) taikoSHIN offers digital gift cards via its online shop. Gift cards are vouchers that can be used to pay for goods and services in the taikoSHIN online shop. They are not legal tender and do not entitle the holder to a cash payout.
(2) Digital gift cards will be sent electronically by email to the email address provided by the customer after the order process has been successfully completed and payment has been made in full. You agree that you are solely responsible for the accuracy of the email address you provide. taikoSHIN is not liable for incorrect or incomplete information that results in non-delivery.
(3) Gift cards can only be redeemed in the online shop https://taikoshin.com. Redemption with third-party providers or for products and services from other providers is excluded.
(4) Gift cards can be redeemed in full or in partial amounts. Any remaining credit balance will remain and can be used for subsequent orders until the credit balance is completely used up. There is no entitlement to interest on the credit balance.
(5) Digital vouchers are valid for three (3) years from the date of issue. The period begins at the end of the calendar year in which the voucher was purchased. After the expiry date, any unused credit balance expires.
(6) Cash payment of the voucher value or any remaining credit balance is excluded. No activation, processing, or service fees are charged for gift cards.
(7) When purchasing a digital voucher, consumers are generally entitled to a statutory right of withdrawal. The right of withdrawal expires prematurely as soon as the voucher has been redeemed in full or in part. In the event of an effective withdrawal, the purchase price paid will be refunded via the original payment method.
(8) If an order that was paid for in full or in part with a gift card is effectively canceled or returned, the refund will be made in the amount of the voucher amount used in the form of a new voucher credit. Cash payment is also excluded in this case.
(9) Gift cards are to be treated like cash. taikoSHIN accepts no liability for loss, theft, or unauthorized use of a voucher code after it has been duly transmitted to the customer. If we suspect misuse or fraudulent use, we reserve the right to block vouchers or refuse redemption.
(10) Personal data is processed for the purpose of processing the purchase and redemption of gift cards. This processing is carried out in accordance with our privacy policy and the applicable data protection regulations.
(11) taikoSHIN reserves the right to amend the terms and conditions for gift cards at any time in accordance with legal requirements. Changes do not apply to vouchers that have already been purchased.

SECTION 6 – 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 providers, customs clearance, or events beyond our control. Once we have handed over the products to the shipping provider, the title and risk of loss are transferred to you.

SECTION 7 – INTELLECTUAL PROPERTY
Our Services, including but not limited to all brands, trademarks, text, representations, images, graphics, product reviews, video and audio files, as well as their design, selection and arrangement, are the property of taikoSHIN, its affiliates or licensors and are protected by US and foreign patent, copyright and other intellectual property laws.
These Terms and Conditions permit you to use the Services solely for personal, non-commercial purposes. Without our prior written consent, you may not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store, or transmit the material in the Services. Unless expressly provided herein, nothing in these Terms and Conditions grants you any license or other rights to patents, trademarks, copyrights, or other intellectual property of taikoSHIN, Shopify, or third parties, nor may any such grant be inferred from these provisions. Unauthorized use of the Services may constitute a violation of federal and state intellectual property laws. All rights not expressly granted herein are reserved by taikoSHIN.
The names, logos, product and service names, designs, and slogans of taikoSHIN are trademarks of taikoSHIN or its affiliates or licensors. You may not use these trademarks without the prior written permission of taikoSHIN. The name, logo, product and service names, designs, and slogans of Shopify 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 8 – OPTIONAL TOOLS
You may be able to access customer tools offered by third parties as part of the Services, which we cannot monitor, control, or influence.
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 disclaim any liability arising from or related to the use of optional third-party tools.
Your use of any optional tools offered through the website is entirely at your own risk and discretion. You are responsible for familiarizing yourself with and accepting the terms and conditions under which the tools are provided by the respective third-party providers.
We may also offer new features through the Services in the future (including the release of new tools and resources). Such new features shall also be considered part of the Services and shall be subject to these Terms and Conditions.

SECTION 9 – THIRD-PARTY LINKS
The Services may contain materials and hyperlinks to websites provided or operated by third parties (including any embedded third-party features). We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites that you choose to access at your own discretion. If you decide to leave the Services to access any third-party materials or websites, you do so at your own risk.
We are not liable for any harm or damage caused by your access to third-party websites or by your purchase or use of any products, services, resources, or content on third-party websites. You should carefully review 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 relevant third party.

SECTION 10 – RELATIONSHIP WITH SHOPIFY
taikoSHIN is powered by Shopify, which allows us to provide you with our services. However, all sales and purchases you make in our store are made directly with taikoSHIN. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of the transactions between you and taikoSHIN, including any injury, damage, or loss arising from purchased products and services. You hereby expressly release Shopify and its affiliates from all liability for any claims, damages, and liabilities arising out of or in connection with your purchases and transactions with taikoSHIN.

SECTION 11 – PRIVACY POLICY
All personal data we collect through the Services is subject to our Privacy Policy, which can be viewed here: https://taikoshin.com/en/policies/privacy-policy. In addition, certain personal data 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 data about your access to and use of the Services in order to provide and improve the Services for you. Data you submit to the Services is shared with Shopify and third-party providers, who may be located in countries other than the country in which you reside, in order to provide the Services to you. Please see our Privacy Policy [LINK] for more information about how we, Shopify, and our partners use your personal data.

SECTION 12 – 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 commercial use. For example, we may use our rights under this license to operate, provide, evaluate, enhance, improve, and promote the Services, and to comply with our obligations and exercise our rights under the Terms and Conditions.
You further represent and warrant that: (i) you own all Feedback Content or have all necessary rights to it; (ii) you have disclosed any compensation or incentives you received in connection with submitting your Feedback; and (iii) your Feedback complies with these Terms and Conditions. We are not obligated to (1) treat your feedback as confidential, (2) pay compensation for your feedback, or (3) respond to your feedback.
We reserve the right, but are not obligated, to monitor, edit, or remove any feedback that we deem, in our sole discretion, to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable, or that violates any party's intellectual property or these Terms and Conditions.
You warrant that your feedback does not infringe any third-party rights, including copyrights, trademark rights, privacy rights, personality rights, or other personal or property rights. You further warrant that your feedback does not contain any defamatory or otherwise unlawful, offensive, or obscene statements and is free of computer viruses or other malware that could in any way interfere with the operation of the Services or any associated website. You may not use a false email address, impersonate any person, or otherwise mislead us or third parties as to the origin of the feedback. You are solely responsible for your feedback and its accuracy. We assume no responsibility or liability for feedback posted by you or any third party.

SECTION 13 – ERRORS, INACCURACIES, AND OMISSIONS
Occasionally there may be information on or in the Services that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. If there are any inaccuracies, we reserve the right to correct any errors, inaccuracies, or omissions, change or update information, or cancel orders at any time without prior notice (including after you have submitted your order).

SECTION 14 – PROHIBITED USES
You may only access and use the Services for lawful purposes. 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 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 reuse any material that does not comply with these Terms and Conditions; (g) to transmit or cause to be transmitted any advertising or promotional material, including “junk mail,” “chain letters,” “spam,” or other similar promotional activities; (h) to impersonate or attempt to impersonate another person or entity; or (i) to engage in any other conduct that restricts or inhibits the use of the Services or which, in our sole discretion, may harm or expose taikoSHIN, Shopify, or users of the Services to liability.
In addition, you agree not to: (a) upload or transmit any viruses or other types of malicious code that in any way impair the functionality or operation of the Services; (b) reproduce, duplicate, copy, sell, resell, or exploit any portion of the Services; (c) collecting or tracking the personal data of others; (d) engaging in spam, phishing, pharming, pretexting, spidering, crawling, or scraping activities; or (e) compromising or circumventing the security features of the Services or any associated website, other websites, or the Internet. 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 and Conditions.

SECTION 15 – TERMINATION OF THE CONTRACTUAL RELATIONSHIP
We may terminate this agreement or your access to the Services (or parts thereof) at any time without notice at our sole discretion. You will remain liable for all amounts due up to the date of termination of the contract.
The following sections shall survive termination of the contractual relationship: 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
The information presented in or through the Services is for general informational purposes only. We make no warranty as to the accuracy, completeness, or usefulness of this information. If you rely on this information, you do so at your own risk. We disclaim all liability and responsibility arising from your reliance on these materials, or the reliance of any other visitor to the Services or other person who is informed of its contents.
UNLESS EXPRESSLY STATED BY taikoSHIN, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE, WITHOUT ANY EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, INCLUDING ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT OR GUARANTEE THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE EXCLUSION OF IMPLIED OR OTHER WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

SECTION 17 – LIMITATION OF LIABILITY
TO THE EXTENT PERMITTED BY LAW, taikoSHIN, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, OR LICENSORS, OR THOSE OF SHOPIFY AND ITS AFFILIATES, SHALL IN NO EVENT BE LIABLE FOR ANY INJURIES, LOSSES, CLAIMS OR DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, LOST REVENUES, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS OR SIMILAR DAMAGES, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING OUT OF YOUR USE OF THE SERVICES OR ANY PRODUCTS OBTAINED THROUGH THE SERVICES, OR FOR ANY OTHER CLAIMS RELATED IN ANY WAY TO YOUR USE OF THE SERVICES OR ANY PRODUCT, INCLUDING, BUT NOT LIMITED TO ERRORS OR OMISSIONS IN CONTENT OR LOSSES OR DAMAGES OF ANY KIND RESULTING FROM THE USE OF THE SERVICES OR THE CONTENT, PRODUCTS, INFORMATION, OR OTHER MATERIALS DISPLAYED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES, TRANSMITTED OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES (OR PRODUCTS), EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

SECTION 18 – INDEMNIFICATION
You agree to indemnify, defend, and hold harmless taikoSHIN, 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 third parties and arising out of (1) your breach of these Terms and Conditions or the documents they refer to, (2) your violation of any law or the rights of any third party, or (3) your access to and use of the Services.
We will notify you of any indemnifiable claim, provided that failure to notify you promptly will not relieve you of your obligations unless it causes you significant inconvenience. We may control the defense and settlement of any such claim at your expense, including the selection of legal counsel, but we will not settle any claim that requires non-monetary obligations on your part without your consent (which may not be unreasonably withheld). You will cooperate in the defense of any claim, including by providing relevant documents.

SECTION 19 – SEVERABILITY CLAUSE
If any provision of these Terms and Conditions is found to be unlawful, void, or unenforceable, that provision shall nonetheless be effective to the fullest extent permitted by law, and the unenforceable portion shall be deemed severed from these Terms and Conditions. The validity and enforceability of the remaining provisions shall not be affected by such finding.

SECTION 20 – WAIVER CLAUSE, ENTIRE AGREEMENT
Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision.
These Terms and Conditions and any policies or operating rules posted by us on this site or in respect to the Service constitute the entire agreement and understanding between you and us and govern your use of the Service. They supersede all prior or contemporaneous agreements, communications, and offers, whether oral or written, between you and us (including, but not limited to, prior versions of the Terms and Conditions).
Ambiguities in the interpretation of these Terms and Conditions shall not be construed against the drafting party.

SECTION 21 – ASSIGNMENT
You may not assign, transfer, or delegate this agreement or your rights or obligations under these Terms and Conditions without our prior written consent, and any attempt to do so shall be null and void. We may assign, transfer, or delegate these Terms and Conditions and our rights and obligations without consent or notice to you.

SECTION 22 – APPLICABLE LAW
These Terms and Conditions and any separate agreements under which we provide you services shall be governed by and construed in accordance with the federal, state, or territorial laws of the country in which taikoSHIN has its principal place of business. You and taikoSHIN agree to the jurisdiction and personal jurisdiction of these courts.

SECTION 23 – HEADINGS
The headings used in this agreement are for clarity only and have no effect on these Terms and Conditions.

SECTION 24 – CHANGES TO THE TERMS AND CONDITIONS
You can view the current version of the Terms and Conditions at any time on this page.
We reserve the right to update, modify, or replace any part of these Terms and Conditions at our discretion 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. Such changes will take effect on the date specified in the notice. By continuing to use or access the Services after changes to these Terms and Conditions have been posted, you signify your acceptance of those changes.

SECTION 25 – CONTACT INFORMATION
If you have any questions about the Terms and Conditions, please contact info@taikoshin.com.
Our contact information is listed below:
info@taikoshin.com
Katja Heimbach
Gartenstr. 2
31079 Sibbesse
DE363395245