Terms of service
OVERVIEW
This Terms of Service Agreement (the "Agreement") is entered into as of the Effective Date by and between FUJIYA CO., LTD., a Japanese corporation with its principal place of business at 2-15-6 Otsuka, Bunkyo-ku, Tokyo 112-0012, Japan ("Fujiya"), and the user or customer accessing or using the Services ("Customer" or "you").
The terms "we", "us" and "our" refer to Fujiya. Fujiya operates the Fujiya US Store online store and website, including all related information, content, features, tools, products and services (collectively, the "Services"). Our online store is hosted on Shopify's e-commerce platform, which enables us to provide the Services to you.
This Agreement, together with the policies referenced below, describes your rights and responsibilities when you access or use the Services.
This Agreement incorporates by reference and works together with the following policies (collectively, the "Store Policies"):
• Privacy Policy
• Returns and Refunds Policy
• Shipping Policy
If there is any conflict between this Agreement and any Store Policy, this Agreement will govern, except that: (i) the Privacy Policy will govern with respect to the collection, use and disclosure of personal information, and (ii) the Returns and Refunds Policy will govern with respect to specific return and refund procedures.
By visiting, interacting with, or using the Services, you agree to be bound by this Agreement, our Privacy Policy, our Returns and Refunds Policy, and our Shipping Policy. If you do not agree, you should not access or use the Services.
1. ACCESS AND ACCOUNT
1.1 Age Requirements and Consent
By using the Services, you represent and warrant that you are at least the age of majority in your state or province of residence (18 years or older in California) and that you have given us your consent to allow any of your minor dependents to use the Services on devices you own, purchase, or manage.
1.2 Account Information
To use the Services, including browsing the store or purchasing products, you may be asked to provide information such as your name, email address, billing information, and shipping address. You represent and warrant that all information you provide is true, accurate, current, and complete, and that you have all necessary rights to provide such information.
1.3 Account Security and Responsibility
You are solely responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must notify Fujiya immediately of any unauthorized use of your account or any other breach of security. Fujiya will not be liable for any loss or damage arising from your failure to comply with this Section.
1.4 Account Restrictions
You may not transfer, sell, assign, or license your account to any other person. Fujiya reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.
2. OUR PRODUCTS
2.1 Product Information
We make reasonable efforts to display accurate information about our products and services. However:
• Colors, design, and appearance may differ from how they appear on your screen due to device type, settings, and lighting conditions.
• Packaging designs, component details, and product assortments may change without notice.
• Products manufactured in Japan may differ from similar products sold in other markets.
We do not warrant that the quality, appearance, or characteristics of any products will meet your personal expectations or exactly match images shown on the Services.
2.2 Food Products
Our food products:
• Have a limited shelf life and are shipped with adequate remaining shelf life.
• Should be inspected promptly upon delivery.
• Are subject to the reporting timeframes and conditions described in our Returns and Refunds Policy (for example, issues with food items must generally be reported within 3 days of delivery).
• May contain allergens. You are responsible for carefully reviewing ingredient lists and allergen information before consuming our products. To the extent permitted by applicable law, we are not liable for allergic reactions resulting from known or disclosed ingredients.
2.3 Product Changes and Limitations
All descriptions of products are subject to change at any time without notice. We reserve the right to discontinue any product at any time and to limit the quantities of any products offered to any person, geographic region, or jurisdiction.
3. ORDERS
3.1 Order Process
When you place an order, you are making an offer to purchase the products in your cart. We reserve the right, in our sole discretion, to accept or decline any order, in whole or in part, for any reason.
3.2 Order Acceptance
Your order is not accepted until we: (i) receive and process your payment, and (ii) send an order confirmation email. No binding contract is formed until we accept your order and send the order confirmation email.
3.3 Order Modifications
Please review your order carefully before submitting it. We may be unable to accommodate cancellation or change requests once an order has been accepted and entered into processing.
3.4 Order Notifications
If we are unable to accept your order, or if we make a change to or cancel an order, we will attempt to notify you using the email address, billing address, or phone number provided when the order was placed.
3.5 Returns and Refunds Policy
Your purchases are subject to our Returns and Refunds Policy. By placing an order, you acknowledge that you have reviewed and accept that policy.
3.6 Use Restrictions
You represent and warrant that your purchases are for personal or household use and not for commercial resale or export.
4. PRICES, DUTIES, TAXES, AND BILLING
4.1 Pricing and Changes
Prices, discounts, and promotions are subject to change without notice. The price charged for a product will be the price in effect at the time your order is placed and will be set out in your order confirmation email.
4.2 Currency and Additional Charges
Unless otherwise expressly stated:
• All prices are shown in U.S. Dollars (USD).
• Posted product prices do not include shipping charges, which are calculated and shown at checkout.
4.3 Import Duties and Taxes
For orders delivered to the United States, your order total at checkout will include, where applicable, estimated import duties and taxes so that no additional payment is due at delivery (Delivered Duty Paid / DDP). The breakdown of product price, shipping charges, and estimated duties/taxes will be shown at checkout.
4.4 Price Variations
Prices on our online store may differ from prices offered in physical stores or in other online stores operated by third parties.
4.5 Payment Information
You agree to provide current, complete, and accurate purchase, payment, and account information for all purchases made through the Services, and to promptly update such information (including your email address and payment details) so that we can complete your transactions and contact you as needed.
4.6 Payment Authorization
By submitting payment information, you represent and warrant that:
• The payment information you provide is true, correct, and complete;
• You are duly authorized to use the payment method;
• Charges incurred by you will be honored by your payment provider; and
• You will pay all charges incurred by you at the posted prices, including any applicable shipping charges, duties, and taxes.
• SUBSCRIPTION TERMS
This Section applies to our subscription snack box services.
5.1 Prepaid Subscription Billing
When you subscribe to a plan (for example, monthly, 3-month, 6-month, or annual), you agree that each subscription cycle is prepaid in full at the beginning of the respective billing period.
At the time of initial subscription or renewal, you will be charged upfront for:
• Product price for all months in the subscription period;
• Shipping charges for each scheduled delivery in that period; and
• Any applicable import duties and taxes for the entire subscription period.
All charges are collected at checkout (or at renewal) for the full subscription period.
5.2 Automatic Renewal and Recurring Charges
Unless you cancel in accordance with this Agreement, your subscription will automatically renew at the end of each subscription period at the then-current rate for your plan.
Before you complete your subscription purchase, we will clearly disclose:
• The price per billing period;
• The length of the subscription period;
• That your subscription automatically renews until you cancel; and
• How you can cancel.
By completing your purchase, you authorize us to charge your chosen payment method for the initial term and any subsequent renewal terms until you cancel.
5.3 Cancellation and How to Cancel
You may cancel your subscription at any time before your next billing date.
Cancellation methods:
• Online (recommended): Log in to your customer portal and select "Cancel Subscription."
• Email: Contact us at support@fujiyausa.com with your name, email address, and order or subscription number.
To avoid being charged for the next renewal term, you must submit your cancellation request at least 24 hours before your next scheduled billing date. Your next billing date is shown in your customer portal and in your renewal reminder emails.
Cancellation takes effect at the end of the current prepaid subscription period. You remain responsible for all charges incurred before the effective cancellation date.
5.4 Non-Refundability of Prepaid Amounts
Amounts prepaid for the current subscription period (product charges, shipping charges, and duties/taxes) are generally non-refundable, except as provided in Section 5.5 and in our Returns and Refunds Policy.
When you subscribe, we immediately:
• Reserve inventory in Japan for the full subscription period;
• Arrange or pre-commit international shipping for the scheduled deliveries;
• Arrange or pre-commit customs clearance and duties for the period; and
• Allocate fulfillment capacity for your boxes.
These commitments cannot be fully reversed once the subscription period has begun. For that reason, mid-cycle cancellations do not entitle you to a refund of the current prepaid period, except as described in Section 5.5 or where required by applicable law.
5.5 Subscription Refund Exceptions
We will provide a remedy for subscription charges only in the following cases, consistent with our Returns and Refunds Policy:
1. Billing Error: If we charge you an incorrect amount, we will correct the charge to the proper amount or refund any overcharge.
2. Service Failure (Box Not Shipped as Promised): If we fail to ship one or more boxes during your current prepaid subscription period, we will refund or credit you on a pro-rata basis for the unshipped portion of that period, including the related shipping and duties/taxes for the unshipped boxes.
3. Charged After Confirmed Cancellation: If you are charged for a renewal after we have confirmed your timely cancellation, we will refund the full amount of that erroneous renewal charge.
4. Defective or Damaged Products in Subscription Boxes: If you receive defective or damaged products in a subscription box, you must contact us within the timeframe stated in our Returns and Refunds Policy (generally within 3 days of delivery), provide requested photos and information, and follow the return or replacement instructions provided. We will then offer a replacement box, store credit, or other remedy as described in our Returns and Refunds Policy.
Except as expressly set out in this Section 5.5, in our Returns and Refunds Policy, or as required by applicable law, cash refunds for subscription boxes are not provided.
5.6 Deliveries and Issue Reporting
Subscription boxes are generally shipped from Japan on a monthly cycle and delivered in the following month. Estimated shipping and delivery windows are set out in our Shipping Policy.
For subscription boxes containing food items, issues (including non-delivery, missing items, or damage) must be reported within the timeframe stated in our Returns and Refunds Policy (generally within 3 days of delivery based on carrier tracking). Failure to report within that timeframe may limit our ability to offer remedies.
5.7 Advance Renewal Reminders
We will send you advance renewal reminder emails before your subscription automatically renews. As of the Last Updated date of this Agreement:
• Monthly plans: generally 7 days before renewal;
• 3-Month and 6-Month plans: generally 30 days before renewal;
• Annual plans: generally 30 days before renewal.
These reminders will include your next billing date, the amount that will be charged, and information on how to cancel if you do not wish to renew. You are responsible for keeping your email address up to date so that you receive these reminders.
5.8 Price Changes
We may change subscription prices for future renewal periods. If we do so, we will provide at least 30 days advance notice before the new price applies to your subscription.
Price changes will apply only to your next renewal; they will not affect the price already paid for your current prepaid period. If you do not agree to the new price, you may cancel your subscription before your renewal date to avoid further charges.
5.9 Automatic Renewal Law Compliance
We strive to comply with all applicable automatic renewal and subscription laws, including:
• The California Automatic Renewal Law (Business & Professions Code §§ 17600–17606), and
• The federal Restore Online Shoppers' Confidence Act (ROSCA).
In particular, we:
• Provide clear and conspicuous disclosure of material subscription terms (price, billing interval, automatic renewal, cancellation method) before you complete your purchase.
• Obtain your express, informed consent to the automatic renewal terms before charging you (for example, through the "Complete order" or equivalent button).
• Provide a post-purchase confirmation email summarizing the key subscription terms and how to cancel.
• Offer simple online cancellation options (including a customer portal) without unnecessary steps or obstacles.
• Provide advance renewal reminders as described in Section 5.7.
By subscribing, you acknowledge that you have read and understood these automatic renewal terms.
6. SHIPPING AND DELIVERY
6.1 Shipping Methods and Carriers
All products are shipped from Japan to the United States using international carriers such as USPS, UPS, FedEx, DHL, or other logistics partners.
6.2 Delivery Times
Estimated delivery times and shipping methods are described in our Shipping Policy. Delivery times are estimates only and are not guaranteed. Actual delivery times may vary due to customs processing, carrier delays, weather, peak seasons, or other factors outside our control.
6.3 Title and Risk of Loss
Once we transfer products to the carrier, title to and risk of loss of the products pass to you, subject to any remedies available under our Returns and Refunds Policy (for example, in cases of loss, damage, or non-delivery).
6.4 Cross-Border Shipments
For cross-border shipments, we generally ship on a Delivered Duty Paid (DDP) basis to U.S. customers, meaning that estimated import duties and taxes are included in your order total at checkout and no additional payment should be required at delivery. However, we are not responsible for:
• Delays caused by customs inspections or processing;
• Seizure or rejection of products by customs authorities; or
• Additional fees arising from information or circumstances outside our control.
• INTELLECTUAL PROPERTY
7.1 Ownership
The Services, including all text, graphics, logos, images, audio, video, product designs, product reviews, software, and other content, as well as the design, selection, and arrangement thereof, are owned by Fujiya, its affiliates, or its licensors and are protected by U.S. and foreign copyright, trademark, and other intellectual property laws.
7.2 Limited License
You may use the Services only for your personal, non-commercial use in accordance with this Agreement. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any material from the Services without our prior written permission, except as automatically and incidentally performed by your browser or device for ordinary use of the Services.
7.3 Trademarks
Fujiya names, logos, product names, and related designs are trademarks of Fujiya or its affiliates. Shopify's names, logos, and related designs are trademarks of Shopify Inc. All other names and logos appearing on the Services are the trademarks of their respective owners. You may not use any trademarks without the prior written consent of the applicable rights holder.
8. OPTIONAL TOOLS
8.1 Third-Party Tools
We may provide access to tools or features offered by third parties as part of the Services. We do not monitor, control, or endorse such tools.
8.2 No Warranties for Third-Party Tools
You acknowledge and agree that we provide access to such tools "as is" and "as available" without warranties or conditions of any kind. We have no liability arising from or relating to your use of optional third-party tools. Your use of such tools is entirely at your own risk and subject to the terms of the third-party providers.
9. THIRD-PARTY LINKS
9.1 Third-Party Websites
The Services may contain links to websites or services operated by third parties. We are not responsible for examining or evaluating the content, accuracy, or practices of any third-party websites, and we do not warrant or assume any liability for any third-party materials, products, or services.
9.2 Use at Your Own Risk
If you access a third-party website from the Services, you do so at your own risk. You should review the applicable terms and privacy policies of any third-party websites before engaging in any transaction.
10. RELATIONSHIP WITH SHOPIFY
10.1 E-commerce Platform
Our online store is hosted on Shopify Inc. Shopify provides us with the e-commerce platform that allows us to sell our products and services to you. However, all sales and purchases made through the Services are between you and Fujiya.
10.2 Release of Shopify
By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of your transactions with Fujiya, including any injury, damage, or loss arising from products or services you purchase from us. You expressly release Shopify and its affiliates from any claims or liabilities arising from or related to your purchases and use of the Services.
11. PRIVACY
11.1 Privacy Policy
All personal information we collect through the Services is subject to our Privacy Policy, available on our website. Some personal information may also be processed by Shopify and other service providers in accordance with their own privacy policies.
11.2 California Consumer Privacy Act Compliance
For California residents, we comply with the California Consumer Privacy Act (CCPA) and the California Privacy Rights Act (CPRA). Under these laws, California residents have the right to:
• Know what personal information is being collected about them
• Know whether their personal information is sold or disclosed and to whom
• Say no to the sale of their personal information
• Access their personal information
• Request deletion of their personal information
• Not be discriminated against for exercising their privacy rights
To exercise these rights, please contact us using the information provided in the Contact Information section below.
11.3 Acknowledgment
By using the Services, you acknowledge that you have read and understand our Privacy Policy, including how we and our partners collect, use, and disclose personal information, and how you can exercise your rights.
12. FEEDBACK
12.1 License Grant
If you submit, upload, post, email, or otherwise provide any ideas, suggestions, reviews, proposals, plans, or other content ("Feedback"), you grant us a worldwide, perpetual, irrevocable, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute, and display such Feedback in any medium for any lawful purpose, including for improving and promoting the Services.
12.2 Representations and Warranties
You represent and warrant that you own or control all rights in and to the Feedback and that the Feedback does not infringe any third-party rights or violate any law. We have no obligation to maintain any Feedback in confidence, to pay compensation for any Feedback, or to respond to any Feedback.
13. ERRORS, INACCURACIES, AND OMISSIONS
13.1 Information Accuracy
Occasionally there may be information on the Services that contains typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, offers, shipping charges, transit times, or availability. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information or cancel orders if any information on the Services is inaccurate at any time without prior notice (including after you have submitted your order).
13.2 No Obligation to Update
We undertake no obligation to update, amend, or clarify information in the Services, except as required by law. No specified update or refresh date applied in the Services should be taken to indicate that all information in the Services has been modified or updated.
14. PROHIBITED USES
14.1 Lawful Use
You may use the Services only for lawful purposes and in accordance with this Agreement.
14.2 Prohibited Activities
You may not use the Services:
• For any unlawful, fraudulent, or malicious purpose;
• To violate any applicable law or regulation;
• To infringe our intellectual property rights or the rights of others;
• To harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate against any person;
• To submit false or misleading information;
• To upload or transmit viruses, malware, or any other harmful code;
• To send unsolicited advertising or promotional material, including spam;
• To attempt to gain unauthorized access to the Services, other accounts, or computer systems; or
• In any way that may damage, disable, overburden, or impair the operation of the Services.
14.3 Termination for Prohibited Uses
We reserve the right to suspend or terminate your access to the Services, without notice, if we believe you have violated this Agreement.
15. TERMINATION
15.1 Termination by Fujiya
We may terminate or suspend your access to the Services, in whole or in part, at any time and for any reason, including for violation of this Agreement, without prior notice.
15.2 Continued Liability
You remain liable for all amounts due up to and including the date of termination.
15.3 Survival
Sections of this Agreement that by their nature should survive termination (including, without limitation, Subscription Terms, Intellectual Property, Disclaimer of Warranties, Limitation of Liability, Indemnification, Governing Law, and Dispute Resolution) will continue in effect after termination.
16. DISCLAIMER OF WARRANTIES
16.1 "As Is" and "As Available"
The Services and all products offered through the Services are provided "as is" and "as available," without any warranties or conditions of any kind, either express or implied, including but not limited to implied warranties of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
16.2 No Warranties Regarding Service Quality
We do not warrant that the Services will be uninterrupted, timely, secure, or error-free, or that any defects will be corrected. Your use of the Services is at your sole risk.
16.3 Jurisdictional Limitations
Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.
17. LIMITATION OF LIABILITY
17.1 Exclusion of Certain Damages
To the fullest extent permitted by law, in no event shall Fujiya, its directors, officers, employees, affiliates, agents, contractors, service providers, or licensors be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of profits, revenue, data, or goodwill, arising out of or in connection with your use of the Services or any products purchased through the Services, even if advised of the possibility of such damages.
17.2 Limitation of Liability Amount
To the fullest extent permitted by law, our total aggregate liability for any claims arising out of or related to the Services or any products you purchase shall not exceed the amount you paid to us for the products or services giving rise to the claim during the twelve (12) months preceding the event giving rise to the claim.
17.3 Jurisdictional Limitations
Some jurisdictions do not allow limitations on liability; in such cases, these limitations may apply to you only to the extent permitted by law.
18. INDEMNIFICATION
18.1 Indemnification Obligation
You agree to indemnify, defend, and hold harmless Fujiya, Shopify, and our respective affiliates, officers, directors, employees, agents, contractors, licensors, and service providers from and against any losses, damages, liabilities, claims, or expenses (including reasonable attorneys' fees) arising out of or related to:
• Your breach of this Agreement or any Store Policy;
• Your violation of any law or the rights of a third party; or
• Your use of the Services or products purchased through the Services.
18.2 Defense Control
We may assume the exclusive defense and control of any matter subject to indemnification by you, and you agree to cooperate with any reasonable requests in assisting our defense.
19. SEVERABILITY
19.1 Severability Clause
If any provision of this Agreement is held to be unlawful, void, or unenforceable, that provision shall be enforced to the fullest extent permitted by law, and the unenforceable portion shall be deemed severed from this Agreement. Such determination shall not affect the validity or enforceability of any other provisions.
20. WAIVER; ENTIRE AGREEMENT
21. 20.1 No Waiver
Our failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.
20.2 Entire Agreement
This Agreement, together with the Store Policies and any other terms expressly incorporated by reference, constitute the entire agreement between you and us regarding the Services and supersede all prior agreements, communications, and proposals, whether oral or written, between you and us.
20.3 Interpretation
Any ambiguities in the interpretation of this Agreement shall not be construed against the drafting party.
21. ASSIGNMENT
21.1 No Assignment by Customer
You may not assign, transfer, or delegate this Agreement or any of your rights or obligations under this Agreement without our prior written consent, and any attempted assignment without such consent will be null and void.
21.2 Assignment by Fujiya
We may assign or transfer our rights and obligations under this Agreement, in whole or in part, without your consent.
22. GOVERNING LAW AND DISPUTE RESOLUTION
22.1 Governing Law
This Agreement and any disputes arising out of or related to the Services or your purchases shall be governed by and construed in accordance with the laws of the State of California and the federal laws of the United States, without regard to conflict-of-law principles.
22.2 Jurisdiction and Venue
You and Fujiya agree to submit to the exclusive jurisdiction and venue of the state and federal courts located in San Francisco County, California, for any legal action or proceeding arising out of or relating to this Agreement or the Services, except where applicable law requires another venue.
22.3 Consumer Protection Laws
Nothing in this Section limits any rights you may have under applicable consumer protection laws that cannot be waived by agreement.
23. CHANGES TO THIS AGREEMENT
23.1 Current Version
You can review the most current version of this Agreement at any time on our website.
23.2 Updates and Modifications
We may update or modify this Agreement from time to time, for example to reflect changes in our practices, products, or applicable laws. When we make material changes, we will update the "Last updated" date at the top of this Agreement and provide any other notice required by law.
23.3 Acceptance of Changes
Your continued use of the Services after the effective date of any changes constitutes your acceptance of the revised Agreement.
24. CONTACT INFORMATION
Questions about this Agreement or the Services may be sent to:
FUJIYA CO., LTD.
2-15-6 Otsuka, Bunkyo-ku, Tokyo 112-0012, Japan
Email: support@fujiyausa.com
Response time: typically 1-2 business days
25. ELECTRONIC COMMUNICATIONS
25.1 Electronic Communications
When you use the Services or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on the Services. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
26. FORCE MAJEURE
26.1 Force Majeure Events
Neither party shall be liable for any failure or delay in performance under this Agreement (other than for delay in the payment of money due and payable hereunder) to the extent said failures or delays are proximately caused by causes beyond that party's reasonable control and occurring without its fault or negligence, including, without limitation, failure of suppliers, subcontractors, and carriers, or party to substantially meet its performance obligations under this Agreement, provided that, as a condition to the claim of non-liability, the party experiencing the difficulty shall give the other prompt written notice, with full details following the occurrence of the cause relied upon.
27. COMPLIANCE WITH LAWS
27.1 Compliance with Laws
You agree to comply with all applicable laws, statutes, ordinances, and regulations regarding your use of the Services and your purchase of products or services through the Services.
28. CONFIDENTIALITY
28.1 Confidential Information
You acknowledge that the Services may include certain confidential and proprietary information. You agree to maintain the confidentiality of any such information and not to disclose it to any third party without our prior written consent.
29. NOTICES
29.1 Notices to You
Notices to you may be made via either email or regular mail. The Services may also provide notices of changes to this Agreement or other matters by displaying notices or links to notices to you generally on the Services.
29.2 Notices to Us
All notices to us must be in writing and sent to the address listed in the Contact Information section below. Such notices will be deemed given upon receipt, which may be proven through an automated receipt or other acknowledgment.
30. RELATIONSHIP OF PARTIES
30.1 No Agency
Nothing in this Agreement creates any agency, partnership, joint venture, or other form of joint enterprise, employment, or fiduciary relationship between you and Fujiya. Neither party has the authority to bind the other or incur obligations on the other's behalf.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date of your acceptance by using the Services