Terms of service

OVERVIEW

Welcome to YD Select. The terms "we", "us" and "our" refer to YD Select, operated by YANKO DESIGN株式会社. YD Select 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"). YD Select 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, province, or country of residence, or that you have the consent of a parent or legal guardian where required by applicable law.

To use the Services, including accessing or browsing our online store 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 information you provide 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 activity conducted through your account. You may not transfer, sell, assign, or license your account to any other person.

SECTION 2 - OUR PRODUCTS

We make reasonable efforts to provide accurate representations of our products and services in our online store. However, colors, finishes, textures, scale, or other aspects of product appearance may differ from how they appear on your screen due to your device, display settings, lighting conditions, photography, or manufacturing variations.

We do not warrant that the appearance or perceived quality of any products or services purchased by you will exactly match how they appear in photographs, renderings, or other representations in our online store.

Product descriptions, specifications, prices, availability, and other product information may be changed at any time without notice. We reserve the right to discontinue any product at any time and may limit quantities or availability by 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. YD Select reserves the right to accept or decline an order where reasonably necessary, including in cases of suspected fraud, pricing or inventory errors, payment issues, shipping restrictions, or other circumstances affecting our ability to fulfill the order.

Your order is not accepted until YD Select confirms acceptance and payment has been successfully processed. Please review your order carefully before submitting it, as we may be unable to accommodate cancellation requests after an order has entered processing or fulfillment.

If we decline, modify, or cancel an order, we will attempt to notify you using the email address, billing address, shipping address, or phone number provided with the order.

Purchases are subject to our Return and Refund Policy.

Unless otherwise agreed by us, products purchased through YD Select are intended for personal or household use and not for unauthorized commercial resale.

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 displayed at the time the order is placed and will be reflected in your order confirmation.

Unless otherwise expressly stated, displayed prices may not include shipping charges, import duties, customs fees, VAT, taxes, or other charges imposed by the destination country or jurisdiction. Any applicable charges will be handled in accordance with the information displayed at checkout and our applicable policies.

We may offer promotions that are governed by separate terms and conditions. If there is a conflict between the terms of a specific promotion and these Terms, the specific promotion terms will govern with respect to that promotion.

You agree to provide current, complete and accurate purchase, payment and account information for all purchases made through our store and to promptly update such information where necessary.

You represent and warrant that any payment information you provide is accurate and that you are authorized to use the payment method submitted for your purchase.

SECTION 5 - SHIPPING AND DELIVERY

Delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by shipping carriers, customs processing, local postal conditions, or circumstances outside our reasonable control.

Shipping methods, estimated delivery times, duties and taxes, and procedures relating to lost or damaged packages are described in our Shipping Policy.

If your shipment appears to be lost or arrives damaged, please contact us so that we can review the shipment and, where appropriate, work with the carrier to investigate the issue.

SECTION 6 - INTELLECTUAL PROPERTY

Our Services, including but not limited to trademarks, brand names, text, editorial content, product descriptions, photographs, images, graphics, videos, audio, layouts, design elements, product reviews, and the selection and arrangement thereof, are owned by YD Select, YANKO DESIGN株式会社, their affiliates, licensors, suppliers, or other respective rights holders and are protected by applicable copyright, trademark, patent, 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 from, publicly display, publicly perform, republish, download, store, transmit, scrape, or otherwise exploit any material from the Services without prior written permission, except where such use is expressly permitted by applicable law.

Except as expressly provided herein, nothing in these Terms grants you any license or other rights under any patent, trademark, copyright, or other intellectual property belonging to YD Select, YANKO DESIGN株式会社, Shopify, or any third party.

YD Select, Yanko Design, their logos, product and service names, designs, and slogans may be trademarks or other protected intellectual property of YANKO DESIGN株式会社 or its licensors. Shopify's name, logo, product and service names, designs and slogans are trademarks of Shopify. All other names, logos, product names, designs, and slogans displayed through the Services are the property of their respective owners.

SECTION 7 - OPTIONAL TOOLS

You may be provided with access to tools or services offered by third parties as part of the Services, which we may neither monitor nor control.

You acknowledge and agree that access to such tools may be provided "as is" and "as available" without warranties, representations, conditions, or endorsement by us. To the fullest extent permitted by applicable law, we will not be liable for issues arising solely from your use of optional third-party tools.

Any use by you of optional tools offered through the Services is at your own discretion, and you should review the terms and policies of the relevant third-party provider.

We may also offer new features, tools, or resources through the Services in the future. Such features will be deemed part of the Services and will be subject to these Terms.

SECTION 8 - THIRD-PARTY LINKS

The Services may contain materials, embedded functionality, or links to websites provided or operated by third parties. We are not responsible for examining or evaluating the content, accuracy, practices, or availability of third-party websites or services.

If you choose to access third-party websites or services, you do so at your own discretion. We are not responsible for harm or damages arising from transactions conducted directly with third parties. Please review the applicable policies and practices of third parties before entering into any transaction with them.

SECTION 9 - RELATIONSHIP WITH SHOPIFY

YD Select is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make through our store are made directly with YD Select.

By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of sales between you and YD Select, including any injury, damage, or loss resulting from purchased products or services. To the extent permitted by applicable law, you release Shopify and its affiliates from claims, damages, and liabilities arising directly from your purchases and transactions with YD Select.

SECTION 10 - PRIVACY POLICY

Personal information we collect through the Services is subject to our Privacy Policy. Certain personal information may also be processed by Shopify in accordance with Shopify's Privacy Policy.

Because the Services are hosted by Shopify, Shopify may collect and process personal information relating to your access to and use of the Services in order to provide and improve the Services.

Information submitted through the Services may be transmitted to Shopify and to service providers located in countries other than your country of residence, subject to applicable privacy and data protection laws. Please review our Privacy Policy for additional information.

SECTION 11 - FEEDBACK

If you submit, upload, post, email, or otherwise transmit ideas, suggestions, feedback, reviews, proposals, plans, photographs, comments, or other content to us (collectively, "Feedback"), you grant us a worldwide, royalty-free, sublicensable license to use, reproduce, modify, publish, distribute, display, and otherwise use such Feedback for purposes related to operating, improving, promoting, and providing the Services, subject to applicable law.

You represent and warrant that you own or otherwise have the necessary rights to submit such Feedback and that your submission does not violate the intellectual property, privacy, publicity, or other rights of any third party.

You remain responsible for the accuracy and legality of the Feedback you submit. We may, but are not obligated to, monitor, edit, or remove Feedback that we reasonably determine violates applicable law, these Terms, or the rights of others.

SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally, information available through the Services may contain typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, availability, shipping charges, transit times, specifications, or other information.

We reserve the right to correct errors, inaccuracies, or omissions and to change or update information or cancel affected orders where reasonably necessary, including after an order has been submitted, subject to applicable law.

SECTION 13 - PROHIBITED USES

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

You may not access or use the Services, directly or indirectly, to violate applicable laws or regulations, infringe intellectual property rights, harass or harm others, transmit false or misleading information, distribute malware, engage in fraud, spam or phishing, impersonate another person or entity, interfere with the operation or security of the Services, or engage in conduct that restricts or inhibits another person's lawful use of the Services.

You may not reproduce, duplicate, copy, extract, sell, resell, scrape, or commercially exploit material from the Services except where expressly permitted by us or by applicable law.

You may not collect or track the personal information of others, bypass security or authorization measures, circumvent robot exclusion protocols, or use automated systems in a manner that violates these Terms or restrictions communicated by us.

We reserve the right to suspend, restrict, or terminate access to the Services where we reasonably determine that these Terms have been violated.

SECTION 14 - AGENTS

This section ("Agent Terms") applies if you use, allow, enable, or cause the deployment of an automated or semi-automated software agent ("Agent") to access, use, or interact with the Services.

An Agent may access the Services only where such access is permitted and must comply with applicable technical restrictions, security controls, robot exclusion protocols, and instructions communicated by us.

Agents must not conceal or misrepresent automated access, circumvent CAPTCHAs or other systems intended to distinguish automated activity from human activity, bypass access restrictions, or interfere with the normal operation or security of the Services.

We may restrict or block automated access to the Services at any time, including through technical measures.

SECTION 15 - TERMINATION

We may suspend or terminate your access to the Services, or any portion thereof, where reasonably necessary, including in response to a violation of these Terms, unlawful activity, fraud, abuse, security concerns, or other conduct that may harm YD Select, Shopify, our customers, or third parties.

You will remain responsible for amounts properly due in connection with transactions completed before termination.

Sections that by their nature should survive termination, including Intellectual Property, Feedback, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Governing Law, and Privacy, will continue to apply following termination.

SECTION 16 - DISCLAIMER OF WARRANTIES

The information presented on or through the Services is made available for general information and commercial purposes. While we make reasonable efforts to keep information accurate, we do not warrant that all information will always be complete, current, or error-free.

EXCEPT WHERE EXPRESSLY STATED BY YD SELECT OR REQUIRED BY APPLICABLE LAW, THE SERVICES AND PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED.

TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM IMPLIED WARRANTIES OR CONDITIONS INCLUDING MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT.

SOME JURISDICTIONS DO NOT ALLOW CERTAIN WARRANTY EXCLUSIONS OR LIMITATIONS. IN SUCH CASES, THESE DISCLAIMERS WILL APPLY ONLY TO THE MAXIMUM EXTENT PERMITTED BY LAW.

SECTION 17 - LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YD SELECT, YANKO DESIGN株式会社, OUR AFFILIATES, PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, SERVICE PROVIDERS AND LICENSORS SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING FROM OR RELATING TO YOUR USE OF THE SERVICES OR PRODUCTS PURCHASED THROUGH THE SERVICES.

THIS MAY INCLUDE, WITHOUT LIMITATION, LOSS OF PROFITS, REVENUE, SAVINGS, DATA, BUSINESS OPPORTUNITY, OR OTHER INTANGIBLE LOSSES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

NOTHING IN THESE TERMS EXCLUDES OR LIMITS LIABILITY THAT CANNOT LAWFULLY BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

SECTION 18 - INDEMNIFICATION

To the extent permitted by applicable law, you agree to indemnify and hold harmless YD Select, YANKO DESIGN株式会社, Shopify, and our respective affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from third-party claims, losses, damages, liabilities, or reasonable legal expenses arising from your material breach of these Terms, your violation of applicable law, your violation of the rights of a third party, or your unlawful use of the Services.

We will provide reasonable notice of an indemnifiable claim where practicable. You agree to cooperate reasonably in the defense of such claims.

SECTION 19 - SEVERABILITY

If any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, that provision will be enforced to the maximum extent permitted by applicable law, and the unenforceable portion will be deemed severed from these Terms.

The remaining provisions will continue in full force and effect.

SECTION 20 - WAIVER; ENTIRE AGREEMENT

Our failure to exercise or enforce any right or provision of these Terms does not constitute a waiver of that right or provision.

These Terms of Service, together with policies or operating rules referenced or posted by us in connection with the Services, constitute the agreement between you and us regarding your use of the Services and supersede prior versions of these Terms relating to the same subject matter.

SECTION 21 - ASSIGNMENT

You may not transfer or assign your rights or obligations under these Terms without our prior written consent, except where such restriction is prohibited by applicable law.

We may transfer or assign our rights or obligations under these Terms in connection with a merger, acquisition, corporate restructuring, sale of assets, or other lawful business transfer.

SECTION 22 - GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide the Services shall be governed by and construed in accordance with the laws of Japan, without regard to conflict-of-law principles.

To the extent permitted by applicable law, the courts located in Tokyo, Japan shall have jurisdiction over disputes arising out of or relating to these Terms or the Services.

Nothing in this section limits any mandatory consumer protection rights or jurisdictional rights that may apply to you under the laws of your place of residence.

SECTION 23 - HEADINGS

The headings used in these Terms are included for convenience only and will not limit or otherwise affect their interpretation.

SECTION 24 - CHANGES TO TERMS OF SERVICE

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

We reserve the right to update, change, or replace portions of these Terms by posting updates to our website. Where required by applicable law, we will provide appropriate notice of material changes.

Changes will become effective on the date specified in the applicable notice or, where no separate notice is required, when published on this page.

SECTION 25 - CONTACT INFORMATION

Questions about these Terms of Service should be sent to us at support@yankodesign.com.

YD Select
Operated by YANKO DESIGN株式会社
〒192-0081
東京都八王子市横山町12-8 ソエダビル4階
Japan
Phone: 090-9682-1617
Email: support@yankodesign.com

For additional statutory merchant information, please refer to our Legal Notice.