Terms of service
Terms of Service
OVERVIEW
Welcome to MIRACO – Your Gateway to Japanese Anime & Cards! Throughout this document, "we", "us", and "our" refer to MIRACO – Your Gateway to Japanese Anime & Cards. We operate this store and website, providing you with a curated shopping experience, including all related information, content, features, tools, products, and services (collectively, the "Service"). MIRACO – Your Gateway to Japanese Anime & Cards is powered by Shopify, which enables us to provide the Service to you.
The following terms and conditions, along with any policies referenced herein (collectively, the "Terms of Service" or "Terms"), govern your use of the Service and explain your rights and responsibilities.
Please read these Terms of Service carefully as they contain important information about your legal rights, including disclaimers of warranties and limitations of liability.
By browsing or interacting with our Service, you agree to be bound by these Terms of Service and our Privacy Policy [LINK]. If you do not agree to these Terms of Service or the Privacy Policy, you may not use or access our Service.
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 or province of residence, and you have given us your consent to allow any of your minor dependents to use this Service through a device that you own, purchase, or control.
To use our Service (including accessing or browsing our online store, or purchasing products or services we offer), you may be asked to provide certain information, such as your email address, billing information, payment information, and shipping information. You represent and warrant that all information you provide to our store is accurate, current, and complete, and that you have all necessary rights to provide such information.
You are solely responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You may not transfer, sell, assign, or sublicense your account to any other person.
SECTION 2 - OUR PRODUCTS
We make every effort to accurately represent our products and services in our online store. However, please be aware that the colors and appearance of products on your screen may vary from the actual items, depending on your device type, settings, and configuration.
We do not warrant that the appearance or quality of any products or services you purchase will meet your expectations or be exactly as displayed in the online store.
Product descriptions are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time and may, in our sole discretion, limit the quantities of any products we offer to any person, geographic region, or jurisdiction.
SECTION 3 - ORDERS
Placing an order constitutes an offer to make a purchase. MIRACO – Your Gateway to Japanese Anime & Cards reserves the right to accept or reject any order in its discretion, for any reason. An order is not binding until it is confirmed and accepted by MIRACO – Your Gateway to Japanese Anime & Cards. We must receive and process your payment before we can accept your order. Please review your order carefully before submitting it. Once an order has been accepted, MIRACO – Your Gateway to Japanese Anime & Cards may not be able to accommodate cancellation requests. If we do not accept, modify, or cancel your 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 made.
Returns or exchanges of your purchases will only be handled in accordance with our Refund Policy [LINK].
You represent and warrant that the products you purchase are for your own personal or household use and are not intended for commercial resale or export.
SECTION 4 - PRICING AND BILLING
Prices, discounts, and promotions are subject to change without notice. The price for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Unless otherwise specified, prices do not include taxes, shipping and handling charges, customs duties, or import fees.
Prices displayed in our online store may differ from prices offered in physical stores or on third-party online stores or other platforms. We may offer promotions from time to time in connection with the Service, which may affect pricing and are governed by separate terms and conditions. If there is a conflict between the terms for a promotion and these Terms of Service, the promotion terms will govern.
You agree to provide current, complete, and accurate purchase, payment, and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and 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 supply to us is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes.
International Taxes and Fees
Depending on your country or region of residence, you may be subject to customs duties, import taxes, Value Added Tax (VAT), or other taxes and fees in addition to the displayed price. These additional charges are determined by the customs authorities in your country and are your responsibility. We do not control these charges and cannot predict their amount.
Please contact your local customs office for more information before placing your order. If you refuse to pay these additional charges and the product is returned to us, we will refund the purchase price, less any shipping and handling fees incurred for the return.
SECTION 5 - SHIPPING AND DELIVERY
We are not responsible for shipping or delivery delays. Delivery times are estimates only and are not guaranteed. We are not liable for delays caused by the shipping carrier, customs clearance, or other events beyond our control. Title and risk of loss for the products pass to you upon our delivery to the carrier.
International Shipping
We do not ship to all countries and regions. Please check our website for a list of countries and regions we ship to. Shipping times are estimates and may be delayed by customs procedures and other factors.
Import/Export Regulations
Some products may be restricted or prohibited for import into your country. You are responsible for ensuring that the products you order do not violate the laws of your country of residence. We reserve the right to cancel any order for products that violate the law.
SECTION 6 - INTELLECTUAL PROPERTY
Our Service (including, but not limited to, trademarks, brands, text, displays, images, graphics, product reviews, video, and audio, and the design, selection, and arrangement thereof) is owned by MIRACO – Your Gateway to Japanese Anime & Cards and its affiliates or licensors and is protected by United States and foreign patent, copyright, and other intellectual property laws.
These Terms of Service permit you to use the Service 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 content on our Service without our prior written consent. Except as expressly stated in these Terms, nothing in these Terms shall be construed as granting you any license or other rights under any patent, trademark, copyright, or other intellectual property right of MIRACO – Your Gateway to Japanese Anime & Cards, Shopify, or any third party. Unauthorized use of the Service may violate federal and state intellectual property laws. All rights not expressly granted in these Terms are reserved by MIRACO – Your Gateway to Japanese Anime & Cards.
The MIRACO – Your Gateway to Japanese Anime & Cards name, logo, and all related product and service names, designs, and slogans are trademarks of MIRACO – Your Gateway to Japanese Anime & Cards or its affiliates or licensors. You must not use such marks without the prior written permission of MIRACO – Your Gateway to Japanese Anime & Cards. The Shopify name, logo, and all related product and service names, designs, and slogans are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans on the Service are the trademarks of their respective owners.
SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party customer tools over which we neither monitor nor have any control nor input.
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 shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through our 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 features through our Service (including, the release of new tools and resources). Such new features shall also be considered part of the Service and subject to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
The Service may contain materials or hyperlinks to websites offered or operated by third parties (including where third-party features are embedded). We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites you may access. Your access to these materials and third-party sites when you leave the Service is at your own risk.
We will not be liable for any harm or damages related to your access to any third-party website or the purchase or use of goods, services, resources, or content on 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 or services should be directed to the third-party.
SECTION 9 - RELATIONSHIP WITH SHOPIFY
[MERCHANT NOTE: This section accurately describes the relationship between Shopify and your store and should not be removed or altered.]
MIRACO – Your Gateway to Japanese Anime & Cards is powered by Shopify, which enables us to provide the Service to you. However, all sales you make on our store are directly with MIRACO – Your Gateway to Japanese Anime & Cards. By using the Service, you acknowledge and agree that Shopify is not responsible for any aspect of the sales between you and MIRACO – Your Gateway to Japanese Anime & Cards, including any damages or injuries resulting from the products or services you purchase. You expressly release Shopify and its affiliates from any and all claims, damages, and liabilities arising from or related to your purchases and transactions with MIRACO – Your Gateway to Japanese Anime & Cards.
SECTION 10 - PRIVACY POLICY AND DATA PROTECTION
All personal information we collect through the Service is subject to our Privacy Policy, which you can view here: [LINK TO PRIVACY POLICY]. Additionally, some personal information may be subject to Shopify’s Privacy Policy, which you can view here. By using the Service, you acknowledge that you have read these privacy policies.
International Data Transfer and Protection
As our Service is hosted by Shopify, your information may be transferred to and stored on servers located outside of Japan. We take appropriate measures to ensure that your personal information is handled securely and in accordance with applicable data protection laws.
Rights of EU and California Residents
If you are subject to the EU General Data Protection Regulation (GDPR) or the California Consumer Privacy Act (CCPA), you have the right to access, correct, and request the deletion of your personal information. For more information on how to exercise these rights, please refer to our Privacy Policy.
SECTION 11 - 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 the Feedback 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 Service, and to perform our obligations and exercise our rights under these Terms of Service.
You also represent and warrant that: (i) you own or have all necessary rights to the Feedback; (ii) you have disclosed any compensation or incentives you received in connection with your submission of the Feedback; and (iii) the Feedback complies with these Terms of Service. We are 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 are 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, publicity, or other personal or proprietary right. You further agree that your Feedback will not contain libelous or otherwise unlawful, abusive, or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail 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. We take no responsibility and assume no liability for any Feedback posted by you or any third-party.
SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve 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).
SECTION 13 - PROHIBITED USES
You shall access and use the Service only for lawful purposes. You shall not, directly or indirectly, access or use the Service for: (a) any unlawful or malicious purpose; (b) to violate any international, federal, provincial, state, or local laws or regulations; (c) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate against our employees or any other person; (e) to submit false or misleading information; (f) to transmit, receive, upload, download, use, or re-use any material that does not comply with these Terms of Service; (g) to transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter”, “spam”, or any other similar solicitation; (h) to impersonate or attempt to impersonate any other person or entity; or (i) for any other act that we determine, in our sole discretion, may restrict or inhibit anyone’s use or enjoyment of the Service, or which may harm MIRACO – Your Gateway to Japanese Anime & Cards, Shopify, or users of the Service, 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 Service; (b) reproduce, duplicate, copy, sell, resell or exploit any portion of the Service; (c) to collect or track the personal information of others; (d) to spam, phish, pharm, pretext, spider, crawl, or scrape; or (e) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to suspend, disable, or terminate your account without prior notice if we determine that you have violated any provision of these Terms of Service.
SECTION 14 - TERMINATION
We may terminate this agreement or your access to the Service (or any part thereof) at any time, without notice, in our sole discretion, and you will remain liable for all amounts due up to and including the date of termination.
The following provisions shall survive the termination of this agreement: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver, Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provision that, by its nature, should survive termination.
SECTION 15 - DISCLAIMER OF WARRANTIES
The information presented on or through the Service is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Service, or by anyone who may be informed of any of its contents.
Except as expressly stated by MIRACO – Your Gateway to Japanese Anime & Cards, the Service and all products offered through the Service are provided on an “as is” and “as available” basis, without any representations, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, fitness for a particular purpose, durability, title, and non-infringement. We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. Some jurisdictions do not allow the disclaimer of implied or other warranties, so the above disclaimers may not apply to you.
SECTION 16 - LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL MIRACO – YOUR GATEWAY TO JAPANESE ANIME & CARDS AND OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, LICENSORS, AND 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, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, ARISING FROM YOUR USE OF THE SERVICE OR ANY PRODUCTS PROCURED USING THE SERVICE, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICE, 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 SERVICE OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE, EVEN IF ADVISED OF THEIR POSSIBILITY.
SECTION 17 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless MIRACO – Your Gateway to Japanese Anime & Cards, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from and against any and all losses, damages, liabilities, or claims (including reasonable attorneys’ fees) paid to a third party, arising out of or relating to:
(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 or use of the Service.
We will notify you of any claim for which we seek indemnification; provided, however, that the failure to provide prompt notice will not relieve you of your obligation to indemnify, except to the extent you are materially prejudiced by the delay. We may control the defense and settlement of such claim at your expense, including the selection of counsel; provided, however, that we will not settle any claim that involves a non-monetary obligation on your part without your consent (which consent shall not be unreasonably withheld). You shall cooperate in the defense of any indemnified claim, including by providing relevant materials.
SECTION 18 - 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.
SECTION 19 - WAIVER AND ENTIRE AGREEMENT
The failure of us 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 Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (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.
SECTION 20 - ASSIGNMENT
You may not delegate, assign, or transfer this agreement or any of your rights or obligations under these Terms of Service without our prior written consent. Any such attempt will be deemed null and void. We may assign, transfer, or delegate these Terms of Service and our rights and obligations without your consent or notice.
SECTION 21 - 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 the federal and state (or provincial) courts with jurisdiction where MIRACO – Your Gateway to Japanese Anime & Cards is headquartered. You and MIRACO – Your Gateway to Japanese Anime & Cards agree to the venue and personal jurisdiction in such courts.
However, consumer protection laws in your country of residence may limit the applicability of this provision. In such cases, the laws of your country of residence may apply.
SECTION 22 - HEADINGS
The headings used in this agreement are included for convenience only and will not limit or otherwise affect the interpretation or application of these Terms.
SECTION 23 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve 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. We will notify you of any material changes to these Terms of Service in accordance with applicable law, and such changes will be effective as of the date specified in the notice. Your continued use of or access to our Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.