Terms of service

Overview Welcome to Baby swan | Made-in-Japan Baby Clothes and Curated Goods Store!

The term "the Store," "we," "us," or "our" refers to Baby swan, operated by Fujiya Co., Ltd.

The Store operates this store and website, including all related information, content, features, tools, products, and order services, to provide users with a carefully selected shopping experience (hereinafter referred to as the "Services").

Our store is powered by Shopify, which enables us to provide the Services to you.

The following Terms of Service, along with the policies referenced herein (hereinafter collectively referred to as the "Terms of Service" or "Terms"), govern your rights and responsibilities when using the Services.

Please read these Terms of Service carefully as they contain important information regarding your legal rights, including sections such as disclaimers of warranties and limitations of liability.

By visiting, accessing, or using our Store's services, you are deemed to have agreed to these Terms of Service and our Privacy Policy.

If you do not agree to these Terms of Service or the Privacy Policy, please refrain from accessing and using the Services.

 

Article 1 - Access and Accounts

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your country or region of residence, and that you have authorized any minor dependents to use the Services through devices owned, purchased, or managed by you under your responsibility.

To access, browse, or use the Services, including making purchases at our online store, you may be required to provide certain information such as your email address, billing information, payment details, and shipping address for products or services provided by the Store.

You represent and warrant that all information you provide to the Store is accurate, current, and complete, and that you possess all necessary rights to provide such information.

You are solely responsible for maintaining the security of your account credentials and for all activities that occur in connection with your account activation.

You may not transfer, sell, assign, or license your account credentials to any third party.

 

Article 2 - Our Products

The Store makes every effort to accurately display our products and services in the online store.

However, please understand that depending on the type and settings of the device you use to access the store, the appearance of product colors and textures on your screen may differ from the actual items.

The Store does not warrant that the appearance or quality of any products or services purchased by you will completely meet your expectations, or that they will be exactly identical to what was depicted or presented in the online store.

All descriptions of products are subject to change at any time without notice, at the sole discretion of the Store.

The Store reserves the right to discontinue any product at any time and may limit the quantities of products offered to any person, geographic region, or jurisdiction on a case-by-case basis.

 

Article 3 - Orders

Placing an order constitutes an offer to purchase.

The Store reserves the right, in its sole discretion, to accept or refuse your order for any reason whatsoever.

An order is not accepted until the Store confirms acceptance.

Before an order is accepted, the Store must receive and process the payment.

Please review your order details carefully before submission, as the Store may not be able to accommodate cancellation requests after an order has been accepted.

In the event that we do not accept an order, or if we modify or cancel an order, we will attempt to notify you by contacting the email address, billing address, and/or phone number provided at the time the order was placed.

Returns or exchanges of purchased products shall be conducted solely in accordance with the Store's Return and Refund Policy.

You represent and warrant that the products purchased are for your own personal or household use and are not intended for commercial resale or export.

 

Article 4 - Pricing and Invoicing

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 stated in the order confirmation email.

Unless otherwise specified (excluding instances where the Store bears customs duties for shipments to the United States under "Delivered Duty Paid (DDP)" as specified in the Shipping Policy), posted prices do not include taxes, shipping fees, handling fees, customs duties, or import costs.

Prices posted in the online store may differ from prices at physical stores, other online stores, or other stores operated by third parties.

The Store may offer promotions from time to time regarding services that may affect pricing, which will be subject to their own terms and conditions separate from these Terms.

In the event of a 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 at our store.

You also 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, accurate, and complete, (ii) you have the lawful authority to use such credit card, (iii) the charges incurred will be honored by your credit card company, and (iv) you will pay the charges incurred based on the posted prices, including shipping fees, handling fees, and all applicable taxes.

 

Article 5 - Shipping and Delivery

The Store shall not be liable for any delays in shipping or delivery.

All delivery timeframes provided are estimates and are not guaranteed.

The Store is not responsible for any delays caused by shipping carriers, customs clearance procedures, or any matters beyond the Store's control.

Title and risk of loss shall transfer to you at the time the Store delivers the products to the shipping carrier.

 

Article 6 - Intellectual Property

Our Services (including, but not limited to, all trademarks, brands, text, displays, images, graphics, product reviews, videos, audio, and the design, selection, and arrangement thereof) are owned by Fujiya Co., Ltd., its affiliates, or licensors, and are protected by United States and international 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 our Services without the prior written consent of the Store.

Except as expressly provided herein, nothing in these Terms grants or shall be construed as granting any license or other rights under any patent, trademark, copyright, or other intellectual property rights in the services provided by Fujiya Co., Ltd., Shopify, or any third party.

Unauthorized use of the Services may violate federal and state intellectual property laws.

All rights not expressly granted in these Terms are reserved by Fujiya Co., Ltd.

The Baby swan name, logo, product names, service names, designs, and slogans are trademarks of Fujiya Co., Ltd. or its affiliates or licensors.

You must not use such marks without the prior written permission of Fujiya Co., Ltd.

The Shopify name, logo, product names, service names, designs, and slogans are trademarks of Shopify.

All other names, logos, product names, service names, designs, and slogans on this Service are the trademarks of their respective owners.

 

Article 7 - Optional Tools

We may provide you with access to tools provided by third parties (hereinafter "Third-Party Tools") as part of the Services, which the Store does not monitor, control, or have any input into.

You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations, conditions, or endorsements of any kind.

Furthermore, the Store shall have no liability whatsoever arising from or relating to your use of any optional Third-Party Tools.

Any use by you of 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 services and/or features through the Services (including the release of new tools and resources).

Such new features and/or services shall also be deemed part of the Services and subject to these Terms of Service.

 

Article 8 - Links to Third-Party Services

The Services may contain materials or hyperlinks to websites provided or operated by third parties (including embedded third-party features).

The Store is not responsible for examining or evaluating the content or accuracy of, and we do not warrant any third-party materials or website contents that you choose to access.

If you leave the Services to access these materials or third-party sites, you do so entirely at your own risk.

The Store is not liable for any harm or damages related to the access to third-party websites, or the purchase or use of goods, services, resources, content, or any other transactions made in connection with 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.

 

Article 9 - Relationship with Shopify

Our store is powered by Shopify, which enables us to provide the Services to you.

However, the contract for the sale and purchase of items through this store is entered into directly between the Store and you.

By using the Services, you acknowledge and agree that Shopify is not responsible or liable for any aspect of sales between you and the Store, including injuries, damages, or losses arising from products or services purchased through the Services.

You hereby expressly release Shopify and its affiliates from any and all claims, damages, and liabilities arising out of or related to your purchases and transactions with the Store.

 

Article 10 - Privacy Policy

All personal information obtained through the Services is subject to our Privacy Policy, which can be viewed here.

 

Article 11 - Feedback

If you submit, upload, post, email, or otherwise send ideas, suggestions, feedback, reviews, plans, or other content (collectively, "Feedback"), you grant the Store a perpetual, worldwide, sublicensable, and royalty-free license to use, reproduce, modify, publish, distribute, and display such Feedback in any medium for any purpose, including commercial use.

For example, the Store may use the rights under this license to operate, provide, evaluate, enhance, improve, and promote the Services, or to perform obligations and exercise rights under these Terms of Service.

You further represent and warrant that:

(i) You own or otherwise control all necessary rights to any Feedback you submit.

(ii) You have disclosed whether you received any compensation or incentive in connection with submitting the Feedback.

(iii) The content of the Feedback complies with these Terms.

The Store is and shall be under no obligation (1) to maintain any Feedback in confidence; (2) to pay compensation for any Feedback; or (3) to respond to any Feedback.

We may, but have no obligation to, monitor, edit, or remove Feedback that we determine in our sole discretion is 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 intellectual property, personal, or proprietary right.

You further agree that your Feedback will not contain libelous or otherwise unlawful, abusive, hateful, or obscene material, 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.

The Store takes no responsibility and assumes no liability for any Feedback posted by you or any third party.

 

Article 12 - Errors, Inaccuracies, and Omissions

Occasionally there may be information on 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.

The Store reserves 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).

 

Article 13 - Prohibited Uses

You may access and use the Services for lawful purposes only.

You are prohibited from using the Services, directly or indirectly:

(a) for any unlawful or malicious purpose;

(b) to violate any international, federal, provincial, state, or local regulations, rules, laws, or local ordinances;

(c) to infringe upon or violate our intellectual property rights or the intellectual property rights of third parties;

(d) to harass, abuse, insult, harm, defame, slander, disparage, threaten, or cause harm to our employees or others;

(e) to submit false or misleading information;

(f) to transmit, knowingly receive, upload, download, use, or re-use any material which does not comply with these Terms;

(g) to transmit, or procure the sending of, any advertising or promotional material, including "junk mail," "chain letters," "spam," or any other similar solicitation;

(h) to impersonate or attempt to impersonate another individual or entity;

(i) to engage in any conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which, as determined by us, may harm Fujiya Co., Ltd., Shopify, or users of the Services, or expose them to liability.

Additionally, 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) engage in fraudulent activities such as spamming, phishing, pharming, or pretexting;

(e) use any robot, spider, scraping, data gathering and extraction tools, automatic device or process, AI tools (such as autonomous AI), or other automatic or manual means to access the Services;

(f) interfere with, circumvent, or disable the security or authorization features, robot exclusion headers (robots.txt), or any other measures employed by us to restrict access to the Services.

The Store reserves the right to suspend, disable, or terminate your account at any time without notice if we determine that you have violated any provision of these Terms.

 

Article 14 - Agents

14.1 This section (hereinafter "Agent Terms") applies if you use, authorize, enable, or deploy an "Agent" to access, use, or interact with the Services.

An "Agent" refers to software or a service (including AI agents, etc.) that acts on behalf of or at the direction of an individual or entity to perform autonomous or semi-autonomous actions, and can execute tasks on behalf of the individual or entity (or using their device) without direct supervision.

14.2 Agents may not access, use, or interact with the Services unless they constantly disclose their identity and operate in strict compliance with the requirements in Section 14.4 below.

Furthermore, if the Store requests a specific Agent to refrain from accessing, using, or interacting with the Services, such Agent must immediately comply.

14.3 The Store may restrict whether or how Agents can access, use, and interact with the Services by appropriate means, including technical measures.

14.4 Agents must comply with the following:

(i) Disclose their name by including "Agent/[Agent Name]" in the User-Agent string in all HTTP/HTTPS requests so that the request can be identified as coming from an Agent.

(ii) Not conceal or obfuscate that the access or interaction is by an Agent, such as by (a) mimicking human behavior or interaction patterns, or (b) completing or bypassing CAPTCHAs or other authentication measures designed to distinguish humans from computers.

(iii) Respond honestly to questions or prompts designed to determine whether the interaction is human or computer-based.

(iv) Not circumvent or disable in any way any measures introduced by the Store to block, restrict, modify, or control access, use, or interaction by Agents.

 

Article 15 - Termination

The Store may, in its sole discretion, terminate this agreement or your access to the Services (or any part thereof) at any time without notice.

In such event, you will remain liable for all amounts due up to and including the date of termination.

The following sections shall continue to apply after 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 which by their nature should survive.

 

Article 16 - Disclaimer of Warranties

The information presented on or through the Services is made available solely for general information purposes.

The Store does not warrant the accuracy, completeness, or usefulness of this information.

Any reliance you place on such information is strictly at your own risk.

The Store disclaims 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 Fujiya Co., Ltd., the Services and all products provided to you 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, quality, fitness for a particular purpose, durability, title, and non-infringement.

The Store does not guarantee or represent that your use of our service will be uninterrupted, timely, secure, or error-free.

Because some jurisdictions do not allow the exclusion of implied warranties, the above exclusions may not apply to you.

 

Article 17 - Limitation of Liability

To the maximum extent permitted by law, in no event shall Fujiya Co., Ltd., our partners, directors, officers, employees, affiliates, agents, contractors, service providers, licensors, or 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).

This applies 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.

 

Article 18 - Indemnification

You agree to indemnify, defend, and hold harmless Fujiya Co., Ltd., Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any loss, damage, liability, or claim, including reasonable attorneys' fees, made by 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.

The Store will notify you of any claim subject to indemnification, but any failure to notify promptly will not excuse your obligations unless it materially prejudices you.

The Store may control the defense and settlement of such claim at your expense, including the selection of counsel; provided, however, that the Store will not enter into any settlement that imposes any non-monetary obligation upon you without your consent (which shall not be unreasonably withheld).

You agree to cooperate in the defense of any indemnified claim, including providing relevant documentation.

 

Article 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.

 

Article 20 - Waiver; Entire Agreement

The failure of the Store 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 Services constitute the entire agreement and understanding between you and the Store and govern your use of the Services.

Accordingly, these Terms of Service supersede any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and the Store (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.

 

Article 21 - Assignment

You may not delegate, transfer, or assign this agreement or your rights or obligations under these Terms without the prior written consent of the Store, and any such attempt shall be void.

The Store may transfer, assign, or delegate these Terms and our rights and obligations without your consent or notice to you.

 

Article 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 laws of Japan.

You and the Store agree that any and all disputes relating to the Services shall be subject to the exclusive agreement jurisdiction of the district court having jurisdiction over the location of the Store's head office as the court of first instance.

 

Article 23 - Headings

The headings used in these Terms are included for convenience only and will not limit or otherwise affect the scope of these Terms of Service.

 

Article 24 - Changes to the Terms of Service

You can review the most current version of the Terms of Service at any time at this page.

The Store reserves the right, at 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.

In accordance with applicable law, we will notify you of any material changes to these Terms, and such changes will be effective from the date specified in the notification.

Your continued use of or access to the Services following the posting of any changes constitutes acceptance of those changes.