ZenMatcha

Terms of Service

Last updated: August 22, 2024

Legal Documents and Agreements

Acceptance of Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you and ZenMatcha Co., Ltd. ("ZenMatcha," "we," "us," or "our") governing your access to and use of our website, products, and services. By accessing our website, placing an order, or using our services in any manner, you acknowledge that you have read, understood, and agree to be bound by these Terms.

If you do not agree to these Terms, you must not access or use our website or services. We reserve the right to modify these Terms at any time, and such modifications will be effective immediately upon posting. Your continued use of our services after any changes constitutes acceptance of the revised Terms.

These Terms apply to all users of our website, including browsers, customers, merchants, and contributors of content. Additional terms may apply to specific services or features, which will be presented to you at the time of use.

Business Agreement and Handshake

Products and Services

Product Information and Accuracy

We strive to provide accurate, complete, and up-to-date information about our matcha products, including descriptions, images, pricing, and availability. However, we do not warrant that product descriptions, colors, specifications, or other content on our website are accurate, complete, reliable, current, or error-free.

All product images are for illustrative purposes only and may not accurately represent the actual product. Actual product packaging, color, and appearance may vary from what is displayed on our website due to monitor settings, photography, and manufacturing variations.

Pricing and Payment

All prices are listed in Japanese Yen (¥) unless otherwise specified and are subject to change without prior notice. We reserve the right to modify prices, discontinue products, or correct pricing errors at any time before accepting your order. In the event of a pricing error, we will contact you to confirm the correct price before processing your order.

Prices do not include applicable taxes, duties, shipping costs, or other fees, which will be calculated and displayed during the checkout process. You are responsible for all applicable taxes and fees associated with your purchase.

Product Availability

Product availability is subject to change without notice. We reserve the right to limit quantities, refuse orders, or discontinue products at our sole discretion. In the event that a product becomes unavailable after you have placed an order, we will notify you promptly and provide options for substitution or refund.

Quality Standards

All our matcha products are sourced from certified organic farms in Japan and undergo quality control processes. We aim to ensure that our products meet the quality standards described on our website at the time of shipment. However, we cannot control factors that may affect product quality during shipping or storage after delivery.

Ordering Process and Account Management

Order Placement

Orders are placed by calling our customer service team at +81 3 5913 8406 during our business hours. All orders are subject to acceptance, verification, and product availability. We reserve the right to refuse or cancel any order for any reason, including but not limited to product unavailability, pricing errors, or suspected fraudulent activity.

Order Confirmation and Processing

You will receive an order confirmation via email or phone call, which will include order details, pricing, and estimated delivery timeframe. This confirmation does not constitute acceptance of your order until we have verified payment, product availability, and shipping information.

Order processing typically takes 1-3 business days, during which we prepare your products for shipment. You will receive a shipping notification with tracking information once your order has been dispatched.

Account Information

If you create an account with us, you are responsible for maintaining the confidentiality of your account information and password. You agree to notify us immediately of any unauthorized use of your account or any other breach of security.

Payment Terms

Payment is required at the time of order placement. We accept various payment methods as communicated during the ordering process, including credit cards, bank transfers, and other approved payment systems. All payments must be made in the currency specified at the time of purchase.

Order Modifications and Cancellations

Order modifications or cancellations may be possible if requested within 2 hours of order placement and before the order has entered the shipping process. Please contact us immediately if you need to modify or cancel your order. We cannot guarantee that modifications or cancellations will be possible once processing has begun.

Order Processing and Packaging

Shipping, Delivery, and Risk of Loss

Shipping Policies

We ship our products from Japan to various international destinations. Shipping costs, delivery times, and available shipping methods will be communicated during the ordering process and may vary based on destination, product weight, and shipping method selected.

Delivery times are estimates based on normal processing and shipping times and are not guaranteed. Actual delivery times may vary due to factors beyond our control, including customs processing, weather conditions, and carrier delays.

International Shipping

International shipments may be subject to customs duties, taxes, and other fees imposed by the destination country. You are responsible for all such charges, which are not included in our product prices or shipping costs. We are not responsible for delays caused by customs processing or other international shipping factors.

Delivery and Risk of Loss

Risk of loss and title to products pass to you upon delivery to the shipping address you provide. We are not responsible for lost, stolen, or damaged packages after delivery confirmation. We recommend purchasing shipping insurance for high-value orders.

Shipping Address Accuracy

You are responsible for providing accurate and complete shipping information. We are not responsible for delays or non-delivery caused by incorrect or incomplete shipping addresses. Additional charges may apply for address corrections or reshipment due to incorrect address information.

Returns, Refunds, and Exchanges

Return Policy

Due to the nature of our organic matcha products and international shipping requirements, we have specific return and refund policies. Products must be unopened, unused, and in original packaging to be eligible for return. Returns must be initiated within 14 days of delivery by contacting our customer service team.

Return Process

To initiate a return, please contact us at +81 3 5913 8406 or info@gorthalios.com with your order number and reason for return. We will provide return instructions and, if applicable, a return authorization number.

Customers are responsible for return shipping costs unless the return is due to our error or a defective product. We recommend using a trackable shipping method for returns and purchasing shipping insurance for valuable items.

Refund Processing

Refunds will be processed within 7-10 business days after we receive and inspect the returned items. Refunds will be issued to the original payment method used for the purchase. Shipping costs are non-refundable unless the return is due to our error.

Damaged or Defective Products

If you receive damaged or defective products, please contact us within 48 hours of delivery with photos of the damaged items and packaging. We will arrange for replacement or refund at no cost to you, including return shipping if necessary.

Non-Returnable Items

Certain items may not be eligible for return due to health and safety regulations, including opened food products, personalized items, or products that have been used or consumed.

Intellectual Property Rights

Ownership of Content

The ZenMatcha website and its content, including but not limited to text, graphics, images, logos, photographs, audio, video, software, and other materials, are the property of ZenMatcha or our licensors and are protected by copyright, trademark, and other intellectual property laws.

Limited License

We grant you a limited, non-exclusive, non-transferable license to access and use our website for personal, non-commercial purposes. This license does not include the right to reproduce, distribute, modify, create derivative works, publicly display, or commercially exploit our content without our express written permission.

Trademark Rights

ZenMatcha, our logo, and other marks used on our website are trademarks of ZenMatcha Co., Ltd. You may not use our trademarks without our prior written consent. All other trademarks appearing on our website are the property of their respective owners.

User-Generated Content

If you submit reviews, comments, or other content to our website, you grant us a non-exclusive, royalty-free, perpetual, and worldwide license to use, modify, and display such content for business purposes. You represent that you own or have the necessary rights to grant this license.

User Conduct and Prohibited Activities

By using our website and services, you agree not to engage in any of the following prohibited activities:

  • Violating any applicable laws, regulations, or third-party rights
  • Using our services for any unlawful or fraudulent purposes
  • Attempting to gain unauthorized access to our systems or networks
  • Interfering with or disrupting our website or services
  • Transmitting viruses, malware, or other harmful code
  • Collecting or harvesting information about other users
  • Impersonating any person or entity or misrepresenting your affiliation
  • Posting or transmitting inappropriate, offensive, or illegal content
  • Attempting to reverse engineer or decompile our software
  • Using automated systems to access our website without permission

We reserve the right to terminate or suspend your access to our services if you violate these terms or engage in any prohibited activities.

Disclaimers and Limitation of Liability

Service Disclaimers

Our website and services are provided on an "as is" and "as available" basis without warranties of any kind, either express or implied. We disclaim all warranties, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

We do not warrant that our website will be uninterrupted, error-free, or free of viruses or other harmful components. We make no representations about the accuracy, reliability, or completeness of our website content or services.

Limitation of Liability

To the fullest extent permitted by law, ZenMatcha shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, use, goodwill, or other intangible losses, arising out of or relating to your use of our website or services.

Our total liability for any claim arising out of or relating to these Terms or our services shall not exceed the amount you paid for the specific product or service giving rise to the claim, or $100, whichever is greater.

Force Majeure

We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, labor disputes, or government actions.

Indemnification

You agree to indemnify, defend, and hold harmless ZenMatcha, its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including attorney's fees) arising from:

  • Your use of our website or services
  • Your violation of these Terms
  • Your violation of any third-party rights
  • Any content you submit or transmit through our services
  • Your negligent or wrongful conduct

This indemnification obligation will survive termination of these Terms and your use of our services.

Dispute Resolution and Governing Law

Governing Law

These Terms of Service are governed by and construed in accordance with the laws of Japan, without regard to conflict of law principles. Any disputes arising under these Terms shall be subject to the exclusive jurisdiction of the courts of Tokyo, Japan.

Dispute Resolution

Before filing any legal action, you agree to first contact us to attempt to resolve any dispute informally. If we cannot resolve the dispute within 30 days, either party may pursue formal legal action.

Class Action Waiver

You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. You waive any right to participate in a class action lawsuit or class-wide arbitration.

Termination

We may terminate or suspend your access to our website and services immediately, without prior notice or liability, for any reason, including but not limited to breach of these Terms. Upon termination, your right to use our services will cease immediately.

You may terminate your account at any time by contacting us. Termination will not affect any rights or obligations that have accrued prior to termination.

Provisions of these Terms that by their nature should survive termination will survive, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

Miscellaneous Provisions

Entire Agreement

These Terms constitute the entire agreement between you and ZenMatcha regarding your use of our website and services, superseding any prior agreements or understandings.

Severability

If any provision of these Terms is found to be unenforceable or invalid, the remaining provisions will remain in full force and effect, and the unenforceable provision will be modified to the minimum extent necessary to make it enforceable.

Waiver

Our failure to enforce any right or provision of these Terms will not constitute a waiver of such right or provision. Any waiver must be in writing and signed by our authorized representative.

Assignment

You may not assign or transfer these Terms or your rights hereunder without our prior written consent. We may assign these Terms without restriction.

Contact Information

If you have any questions, concerns, or disputes regarding these Terms of Service, please contact us:

Address: 〒173‑0037 東京都板橋区小茂根5丁目24‑6

We will respond to your inquiries within a reasonable timeframe during our business hours.