These Terms of Use written in the English language govern your use of and access to the KK Sites as well as Services. By accessing or using the KK Sites, or by otherwise accepting these Terms of Use, you shall be deemed to have agreed with these Terms of Use. These Terms of Use shall apply to all aspects of the relationship between you and KK in connection with the Services. If you violate or do not agree with these Terms of Use, your access to and use of the KK Sites is unauthorized.
These Terms of Use written in the English language shall prevail in any case if there are any discrepancies between the Terms of Use and any other material made available to you on KK Sites in any language, including any material summarizing all or part of these Terms of Use. Similarly, if there are any materials or communications made available to you by us in any language other than the English language, they shall be considered as courtesy translations of the English version of the corresponding materials or communications; we reserve the right to rescind any materials or communications made available to you by us in any language other than the English language and to withdraw from any obligations in connection with or resulting from such materials or communications.
Note that KK may change these Terms of Use at any time by posting the updated version. Updates to the Terms of Use apply on a going-forward basis as of the effective time.
In these Terms of Use:
Sections of our Terms of Use are:
KK was founded in Japan as an exporter of niche, hidden and unique Japanese products. We own multiple KK Sites, including, but not limited to, https://butuzou.com/, https://tabishoes.com/, and https://japaneseworkwear.com/
When you create an account on KK Sites, you shall ensure and represent that all of your registration information is true and complete, and that you will keep your account information up-to-date.
You shall keep your username and password confidential and access the KK Sites from devices that have up-to-date operating systems and security software.
You shall not allow any third party to use your account or provide, transfer or sell your account to any third party.
You shall be responsible for all purchases made and any activities taken through your account and we shall in no event be liable for damages arising out of inappropriate management, misuse, or use by you or any third party of your account.
The amount to be paid by you will be shown on our website immediately prior to the placement of your order. This amount is the total of (i) the price of the products you order and (ii) the shipping fee amount. You will be asked for your payment information before your placement of the order, and an order confirmation will be issued immediately after our system’s confirmation of your successful placement of your order. Notwithstanding the issuance of the order confirmation, the contract between you and KK regarding the order is formed when we accept your order (“Order Acceptance”) following our internal process during which any errors contained in the order are checked.
Payment can be made by PayPal or credit/debit card; the payment will be processed upon our Order Acceptance. Although you can choose to browse KK Sites in currencies other than Japanese yen on KK Sites, please understand that these non-Japanese-yen prices are only for your reference and the actual amount we charge to your PayPal account or credit/debit card is based on Japanese yen (the conversion to your local currency will be made by PayPal or your credit/debit card company).
In case of pricing errors, out-of-stock and other errors occur on KK Sites, we reserve the right not to accept or to cancel any orders with these errors at any time without further obligation to you, including after you receive our order confirmation or Order Acceptance. If this happens, we are very sorry and we will contact you as soon as possible to address any questions or concerns. For the avoidance of doubt, we also reserve the right not to accept or to cancel any orders for any other reasons we consider appropriate at any time without further obligation to you, including after you receive our order confirmation. In any case you will not be charged for orders we do not accept or cancel after acceptance.
Note regarding partial order cancellation due to out-of-stock error for some of your ordered products:
If your order contains products from two or more suppliers and if any out-of-stock error occurs for any product from any of those suppliers (we call the supplier whose product is out-of-stock as “Out-Of-Stock Supplier”), we will cancel the portion of your order in connection with the Out-Of-Stock Supplier (including products which are not out-of-stock but are supplied by the Out-Of-Stock Supplier), unless otherwise agreed between you and us. In other words, you will:
(A) not be charged for products that were actually out of stock;
(B) not be charged for products that were in stock but are from the Out-Of-Stock Supplier, unless otherwise agreed; and
(C) not be charged for shipping fee for products categorized in (A) and (B); but
(D) be charged for the products that were in stock and not from the Out-Of-Stock Supplier and will actually be shipped; and
(E) be charged for the shipping fee for products categorized in (D)
Please note that the adjustment of the payment amount will in principle be done by means of changing the amount we charge on your credit/debit card or your PayPal account. However, if this is not possible for any reason, we reserve the right either to cancel the entire order (including the portion that is not in connection with the Out-Of-Stock Supplier) or to conduct the adjustment by other means, e.g., international bank transfers.
Unless we specify otherwise on the individual product page etc., we ship our products to the countries and areas where Japan Post provides shipping via Express Mail Service (EMS). Please see the entire list of these countries and areas on Japan Post’s website here. For the countries where EMS is unavailable, we may choose to ship via DHL.
Our primary shipping methods are EMS and DHL. The shipping fee is calculated on a supplier-by-supplier basis primarily based on the total weight of the products you order, provided, however, that we reserve the right to choose a method we consider reasonable to calculate the shipping fee (for example: (1) we include the approximate weight of the shipping supplies and (2) if the weight of the actual products belonging to a certain Stock Keeping Unit differs from one another due to the nature of such products (handmade etc.), the shipping fee will be calculated based on the expected weight decided by us in a manner we believe reasonable).
The products will either be shipped directly from our suppliers, from our logistic partners, or by ourselves. If your order contains products from more than one supplier, your order will be delivered in multiple packages. Unless we specify otherwise, we coordinate with our suppliers so that the products you order are shipped within 2 business days (business days on KK Sites excluding: national / bank holidays in Japan and any days the supplier whose product you ordered are not in business) after our Order Acceptance. Please note that if your order contains multiple products from the same supplier, the products will be shipped in one package and therefore the shipment will not happen until the last product is ready. We will send you an email notification when the products are shipped.
Title to the products purchased by you on KK Sites (and the related risk of loss on these products) passes to you upon KK's delivery of the products to the shipping carrier designated by us.
The time it takes for you to receive the delivery depends on various factors such as your location and customs procedure. Any indication of the estimated amount of time for the completion of delivery on the KK Sites, whether it is indicated country by country or otherwise, is for your reference only and we do not intend to guarantee or bear responsibility for the estimated time that is indicated.
Please note that it is your responsibility to provide an accurate and full information on shipping address where you can surely receive the products (“Shipping Address Information”) and to actually receive the products with your timely cooperation with the shipping carrier as required. For the avoidance of doubt, Shipping Address Information shall include telephone number, building name, ZIP code, or, in case you wish to receive the products at an office building, any pertinent details such as company name, department name, etc. KK is entitled to duly receive shipping fees and the payment for price of these products and is not required to pay back any of them, if the products are returned to KK for any reason attributable to you, including your failure of receipt of products due to inaccuracy or omission of any of Shipping Address Information or lack of your timely cooperation with the shipping carrier. Please note that we reserve the right to charge you with additional shipping fees when we re-ship you the products after they are returned to KK for any reason.
We strongly recommend you to provide the shipping address in the English language. We reserve the right to not accept your order or to contact you to request a shipping address in the English language as a condition to accept your order, if the shipping address you provided upon your order is in a language other than the English language.
You shall not be entitled to make a cancellation of your order, to request us to refund your payment or to request us to accept returns and exchanges of the products you purchase, save for cases where the product you received has a defect that is considered material. We would like you to understand that this policy is in consideration of the logistical difficulties pertaining to the cross-border handling of returns and exchanges.
Note that your order may be subject to import duty and other taxes, in addition to the payment made to KK; for certain products we may, without obligation and on a voluntary basis, provide an estimated amount of the duty and taxes and indicate it to you prior to your order placement. This estimated amount is only for your reference and we do not intend to guarantee or bear responsibility for the estimated amount that is indicated.
The conditions described below apply to your use and redemption of promotional vouchers or voucher codes:
KK may at its discretion (e.g., as part of marketing campaigns) grant Points to selected customers. These Points can be used to pay for (i) the price of the ordered products and (ii) the shipping fee amount upon checkout (in this context, one Point shall be calculated as one Japanese yen). Points are valid for a duration of one year after being granted, provided, however that KK can revoke the points prior to the said duration if it considers appropriate, such as when we observe suspicious or fraudulent use or obtainment of Points.
KK Sites contain various types of information, including information provided by our suppliers as well as information gathered and customized by us based on or in connection with information provided by our suppliers and publicly available information. As for product information on the KK Sites, we do not guarantee any aspect (such as accuracy, completeness and timeliness) of such information. The product information on the KK Sites is strictly for reference purposes only. Before you act based on information you find on the KK Sites, you must independently confirm any facts about the item(s) that are important to your decision.
Special provision for drugs, medical products, foods or drinks with potential or actual beneficial qualities, fitness claims, and alternative medicine:
No information on the KK Sites, e.g., health, medical, wellness, fitness, prescription and pharmaceutical information, should substitute the diagnosis, treatment or advice you would seek from your medical professional. The KK Sites do not include all information regarding precautions, dosage information or potential side effects. We recommend that you independently seek advice from your medical professional at your discretion regarding the products you order.
Please refer to our Privacy Policy provided on each of the KK Sites.
All rights, such as Intellectual Property Rights, on materials and content on the KK Sites, including logo and pictures and explanation of products, is owned by KK, its suppliers or any relevant licensors, and may be protected by copyright, trademark and other applicable laws.
Our acceptance of your access to and use of the KK Sites shall not be construed as granting you any right or license to use any trademark, logo etc. shown on KK Sites or to use materials and content on KK Sites. KK, its suppliers or any relevant licensors reserve all rights on the materials and content on the KK Sites. KK neither warrants nor represents that your use of materials and content on the KK Sites will not infringe rights of third parties.
You may access KK Sites only for your personal use, and you may not modify or delete any copyright, trademark or other proprietary notice relating to the materials and content you access.
Any other use of the materials and content on the KK Sites, including modification, distribution, publication or sale of, or the creation of derivative materials from, any materials and content obtained from the KK Sites, is expressly prohibited. You agree with all additional restrictions shown on KK Sites.
You are responsible for all materials you submit to KK via KK Sites or any other means of electronic communication (e.g., email messages, product review and comments or other communications sent to us on social media platforms). You are therefore responsible for the legality, accuracy, appropriateness copyright etc. of any material you submit.
If you submit any material to us, you grant NInjaya a worldwide, non-exclusive, unrestricted, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, create derivative materials from, distribute and show these materials in any media. In addition, you agree that KK is free to use any ideas you provide to KK. You grant KK the right to use the name you submit in connection with such material if we choose. You represent and warrant that you own or otherwise permanently control all rights to the content you submit, that such content is accurate, and that use of such content will not violate any law or these Terms of Use.
You agree not to submit content that:
When accessing and using KK Sites, you agree that you will not:
You agree not to, directly or indirectly, try to access or otherwise use the KK Sites through the use of any tool or mechanism other than generally available third-party web browsers that (1) provide accurate and complete User-Agent information in the HTTP and (2) have not been modified with the purpose of facilitating automated or accelerated access to, searching of or other use of the KK Sites. You also agree not to disregard our robots.txt files, if any. For the avoidance of doubt, if any conflict exists between our Terms of Use and the robots.txt file, the more restrictive of the two shall apply.
If you try to access or otherwise use the KK Sites in any manner other than through a generally available third-party web browser meeting the conditions described in the paragraph above or if you disregard our robots.txt files, if any, you agree that such action shall constitute your immediate and permanent permission for KK
to access, search or otherwise use any websites that you or your affiliates own, operate or control, through any tool or mechanism that KK considers appropriate.
If you are accessing KK Sites as an agent, you acknowledge that you are extending the immediate and permanent permission described above on behalf of your principal, and you represent that you have the authority from such principal to extend the aforementioned permission.
If you are accessing the KK Sites as a principal, you authorize your agent to extend on your behalf the immediate and permanent permission described above, and you acknowledge that your immediate and permanent permission will bind any and all of your agents.
The KK Sites, as well as all information and content included on or otherwise provided to you through KK Sites are provided on an as-is basis.
We disclaim to the fullest extent permitted by law all warranties of any kind. The warranties we disclaim include, without any limitation:
You acknowledge and agree that, to the fullest extent permitted by applicable law, you assume full responsibility for your use of the KK sites and that any information you send or receive during your use of the KK sites may not be secure and may be intercepted or otherwise accessed by unauthorized parties. You agree that, to the fullest extent permitted by applicable law, KK is not responsible for any loss or damage to your property or data that results from any materials you access or download from the KK Sites.
Note that this disclaimer does not apply to any product warranty made to you by the manufacturer of the product.
You acknowledge and agree that, to the fullest extent permitted by law, neither KK, KK's employees, directors, or investors, nor its suppliers, partners or third party content providers will be liable for any direct or indirect damages in any way related to:
This disclaimer shall apply in each of the cases described in the previous bullets, whether based on contract or otherwise, even if KK, its suppliers, partners or third party content providers, or any other person was advised of the possibility of damages.
This disclaimer shall apply, without limitation, to any damages or injury arising from any failure of performance, error, omission, interruption, deletion, defects, delay in operation or transmission, computer viruses, file corruption, communication-line failure, network or system outage, your loss of profits, any theft, destruction, unauthorized access to, alteration of, loss or use of, any record or data and any other tangible or intangible loss.
You specifically acknowledge and agree that neither KK nor its suppliers or partners shall be liable for any defamatory, offensive or illegal conduct of any users of the KK Sites.
You agree, to the fullest extent permitted by law, to indemnify, defend and hold harmless KK and its subsidiaries and affiliates (and as to each, their directors, employees and any other constituents thereof, or, contractors, agents, licensors, service or third party providers, subcontractors, suppliers and any other relevant partners or constituents thereof) from and against any and all losses, liabilities, expenses etc. (including reasonable attorneys’ fees and court costs in relation to your access to or use of the KK Sites, any content you post or submit to the KK Sites, your violation of law or infringement of the rights of a third party, or your other violation of these Terms of Use). KK reserves the right to assume exclusive defense and control of any matter otherwise subject to indemnification by you. You agree to cooperate with KK if and as requested by KK in the defense of such matter in any case.
KK Sites are operated in Japan in line with the Japanese law. You agree that the Japanese law applies to all aspects in relation to KK's and KK Sites’ relationship to you, e.g., with respect to your purchase of products on KK Sites, the Japanese law shall apply and, for the avoidance of doubt, the place of your purchase of products on KK Sites shall be in Japan. Furtheremore, any and all disputes, claims and controversies arising out of or relating to the KK Sites, including the sale of products, content, services or technology, on or used through the KK Sites, shall be governed by and construed exclusively in accordance with the Japanese law.
Hereinafter, we will use “Dispute” to mean any dispute, claim or controversy arising out of or in connection with these Terms of Use, the KK Sites, your access to or use of the KK Sites, or the provision of content, communication, services or technology on or through the KK Sites and transaction entered into through KK Sites as well as payment and delivery of product thereunder.
By using KK Sites, you agree to resolve any Dispute with KK through binding arbitration in Tokyo and not in court.
Furthermore, this section shall apply to any claims asserted by you against any present or future parent, subsidiary or affiliated company of KK, or any employee, officer, director or investor of KK, and to any claims asserted by any of them against you, provided that these claims arise out of or are in relation to these Terms of Use, the KK Sites, any person’s access to or use of the KK Sites or the provision of content, products, services or technology on or through the KK Sites.
KK and you agree to resolve any Dispute in an individual capacity, and not on behalf of, or as part of, any purported class, consolidated or representative proceeding. In addition, KK and you agree to not participate in any consolidated, class or representative proceeding (existing or future) brought by any third party arising out of or in relation to any Dispute with a third party.
We reserve the right to terminate, close, restrict, or reduce the access of your account at any time without notice to you when:
Our termination and closure of your account or the restriction or reduction of your access to KK Sites will not affect any other right or relief to which we are and will be entitled.
These Terms of Use constitute the entire agreement between you and KK concerning the subject matter hereof and shall supersede all prior communications (whether oral or written) between the aforementioned parties with respect to the subject matter. A printed version of these Terms of Use shall be admissible in judicial, arbitral or administrative proceedings to the same extent and subject to the same conditions as other business documents generated and maintained in printed form.
KK's failure to enforce you to abide by any provision contained within these Terms of Use shall and will not constitute a waiver of KK's right to enforce such provision or any other provision of these Terms of Use.
Even if any provision contained within these Terms of Use is unlawful, void or unenforceable, the remaining provisions of the agreement shall not be affected.
We hereby clarify that the headings contained within these Terms of Use have been organized and prepared for your ease of reference only, and therefore we do not intend to limit the scope or applicability of any section in any manner.
You may not assign or transfer your legal status, rights or obligation under these Terms of Use without KK's consent and our Terms of Use shall bind the parties and their respective successors or assigns. KK may otherwise assign these Terms of Use at its sole discretion by providing you a notice of the same.
KK may unconditionally assign or otherwise transfer these Terms of Use to any successor, such as an acquirer of a KK company (via merger, sale of stock etc.) or an acquirer who purchases of substantially all of KK's assets.
The United Nations Convention on Contracts for the International Sale of Goods (the Vienna Sales Convention) shall not apply.