Terms & Conditions

Last updated: March 1, 2023

Introduction

Welcome to Himi® Gouache Paint, Paints, Gouache Refill (the “Website” or “Service”).

We appreciate you choosing our shop. We aim to provide the highest quality art supplies and excellent customer service. Our terms and conditions outline your rights and responsibilities when using our Website and purchasing our products. Please read them carefully.

By accessing or using this Website, you agree to be bound by these Terms & Conditions and consent to comply with all applicable laws and regulations. If you do not agree with any of these Terms, you are prohibited from using or accessing this Website.

We may modify these Terms at any time without notice, so please check back often. Your continued use of our Website constitutes your agreement to the most recent version of these Terms. If you have any questions, feel free to reach out to us at support@thehimi.shop.

Section 1 – Online Website Terms

By agreeing to these Terms & Conditions, you represent that you are at least the age of majority in your state or province of residence, or that you are 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 Website.

You may not use our products or Website for any illegal or unauthorized purpose nor may you violate any laws in your jurisdiction (including but not limited to copyright or trademark laws).

You must not transmit any viruses or any code of a destructive nature. Any attempt to damage or undermine our Website is strictly prohibited.

Section 1.1 – Your Account

When you create an account with us, you guarantee that the information provided is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account.

You are responsible for maintaining the confidentiality of your account and password, including restricting access to your account. You agree to accept responsibility for all activities that occur under your account. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

We reserve the right to refuse service, terminate accounts, or remove or edit content at our sole discretion.

Section 1.2 – Website Access

We grant you a limited license to access and make personal use of this Website. You are allowed to download a reasonable number of materials for your personal, non-commercial use.

This license does not include any resale of this Website or its contents; any collection and use of product listings, descriptions, or prices; making derivative uses of this Website and its contents; or any use of data mining, robots, or similar data gathering and extraction tools. This Website or any portion thereof may not be reproduced, duplicated, copied, sold, visited, or otherwise exploited for any commercial purpose without our express written consent.

You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) without our express written consent. You may not use any meta tags or any other “hidden text” utilizing our name or trademarks without our express written consent. We grant you a limited, revocable, and nonexclusive right to create a hyperlink to the homepage of our Website as long as the link does not portray us in a false, misleading, derogatory, or otherwise offensive manner. You may not use any of our logo or other proprietary graphic or trademark as part of the link without our express written permission.

Section 1.3 – Your Content

You retain ownership and responsibility for any content you submit via this Website. You are responsible for the content of your submissions, including its legality, reliability and appropriateness.

By posting content to our Website, you grant us the right to use, modify, publicly perform, publicly display, reproduce, and distribute such content on our Website. You also grant us the right to use the name associated with your account in connection with your content.

We have the right (but not the obligation) to monitor and edit or remove any content submitted to the Website. We take no responsibility and assume no liability for any content posted by you or any third party.

Section 1.4 – Errors, Inaccuracies, and Omissions

We strive to provide complete, accurate, up-to-date information on our Website. Unfortunately, it is not possible to ensure there are no errors. We make no guarantees about the accuracy, reliability, completeness, or timeliness of any content. Your use of our Website is solely at your own risk.

It is your responsibility to verify any information before relying on it. In the event that you find an error or omission, we welcome your feedback. Please send details to support@thehimi.shop so we can address it appropriately.

Section 1.5 – Fair Use

We may use copyrighted material without permission if the use is “fair” under the “fair use” doctrine of copyright law. There are four factors used to determine if a use is “fair”:

(1) the purpose of the use,

(2) the nature of the copied work,

(3) the amount copied, and

(4) the effect of the use upon the potential market for or value of the original work.

The use of copyrighted material under this “fair use” doctrine typically allows for commentary, criticism, news reporting, research, teaching, or scholarship purposes. We take care to follow best practices for attribution and to provide sufficient credit and links back to authors/creators. If you have any concerns or believe we are unfairly using copyrighted material, please contact us at support@thehimi.shop.

Section 2 – General Conditions

Section 2.1 – Disclaimers

Your use of our Website and purchase of our products are at your own risk. All materials, information, products, software, and services provided on this Website are provided “as is” and “as available” basis without warranties of any kind from us. We hereby disclaim all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, title, and non-infringement.

We do not warrant that this Website and its servers are free of viruses or other harmful components. We assume no liability or responsibility for any errors or omissions in the content of this Website.

We make no representations about the completeness, reliability, or accuracy of any content. There may be errors, omissions, or inaccuracies on the Website. 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 materials posted on this Website by you or anyone who may be informed of its contents.

This Website may include content provided by third parties. All statements and/or opinions expressed in these materials are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect our opinion. We are not responsible or liable in any manner for such materials.

The Website may contain links to third-party websites. These links are provided solely as a convenience to you. We do not endorse or guarantee these websites in any way. We are not responsible for the content, products, or services on or available from those websites. Accessing any third-party website is done fully at your own risk. We make no warranties as to the security, reliability, timeliness, or accuracy of any information contained on external sites.

Section 2.2 – Limitations of Liability

In no event shall we, nor our directors, partners, employees, agents, contractors, interns, suppliers, service providers, or licensors be liable for any injury, loss, claim, damage, or any special, exemplary, punitive, direct, indirect, incidental, or consequential damages of any kind, whether based in contract, tort, strict liability, or otherwise, which arises out of or is in any way connected with access to or use of the Website, even if advised of the possibility of such damages.

Certain jurisdictions do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers may not apply. You might have additional rights that vary by state or province.

Section 2.3 – Indemnification

You agree to indemnify, defend, and hold us harmless, including our subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, successors, assigns, employees, attorneys, and representatives, from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your:

  • Content you submit, post, transmit, or otherwise make available through this Website;
  • Use of this Website;
  • Connection to this Website;
  • Violation of these Terms and Conditions; or
  • Violation of any rights of another person or party.

We reserve the right to take exclusive control and defense of any claim subject to indemnification by you, in which event you will fully cooperate with us in asserting any available defenses. You agree not to settle any claim without our prior written approval.

Section 2.4 – No Warranties

This website is provided “as is” without any representations or warranties, express or implied. Himi® Gouache Paint, Paints, Gouache Refill makes no representations or warranties in relation to this website or the information and materials provided on this website.

Without prejudice to the generality of the foregoing paragraph, Himi® Gouache Paint, Paints, Gouache Refill does not warrant that:

  • this website will be constantly available, or available at all; or
  • the information on this website is complete, true, accurate or non-misleading.

Nothing on this website constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to any matter you should consult an appropriate professional.

Section 2.5 – Limitations of Liability

Himi® Gouache Paint, Paints, Gouache Refill will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:

  • to the extent that the website is provided free-of-charge, for any direct loss;
  • for any indirect, special or consequential loss; or
  • for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.

These limitations of liability apply even if Himi® Gouache Paint, Paints, Gouache Refill has been expressly advised of the potential loss.

Section 2.6 – Exceptions

Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit Himi® Gouache Paint, Paints, Gouache Refill’s liability in respect of any:

  • death or personal injury caused by Himi® Gouache Paint, Paints, Gouache Refill’s negligence;
  • fraud or fraudulent misrepresentation on the part of Himi® Gouache Paint, Paints, Gouache Refill; or
  • matter which it would be illegal or unlawful for Himi® Gouache Paint, Paints, Gouache Refill to exclude or limit, or to attempt or purport to exclude or limit, its liability.

Section 2.7 – Reasonableness

By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.

If you do not think they are reasonable, you must not use this website.

Section 2.8 – Other Parties

You accept that, as a limited liability entity, Himi® Gouache Paint, Paints, Gouache Refill has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against Himi® Gouache Paint, Paints, Gouache Refill’s officers or employees in respect of any losses you suffer in connection with the website.

Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect Himi® Gouache Paint, Paints, Gouache Refill’s officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as Himi® Gouache Paint, Paints, Gouache Refill.

Section 2.9 – Unenforceable Provisions

If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.

Section 2.10 – Breach

Without prejudice to Himi® Gouache Paint, Paints, Gouache Refill’s other rights under these terms and conditions, if you breach these terms and conditions in any way, Himi® Gouache Paint, Paints, Gouache Refill may take such action as Himi® Gouache Paint, Paints, Gouache Refill deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.

Section 2.11 – Variation

Himi® Gouache Paint, Paints, Gouache Refill may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website. Please check this page regularly to ensure you are familiar with the current version.

Section 2.12 – Assignment

Himi® Gouache Paint, Paints, Gouache Refill may transfer, sub-contract or otherwise deal with Himi® Gouache Paint, Paints, Gouache Refill’s rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.

You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.

Section 2.13 – Severability

If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

Section 2.14 – Law and Jurisdiction

These terms and conditions will be governed by and construed in accordance with the laws of the United States and you submit to the exclusive jurisdiction of the courts in the United States.

Section 3 – Product Purchase Terms

Section 3.1 – Prices

All product prices are in U.S. dollars and exclude any applicable sales tax. We reserve the right to adjust prices at any time.

Section 3.2 – Payment Processing

Payment can be made via Stripe or PayPal. Your payment information is processed by these third-party payment processors according to their terms and privacy policies. We do not directly collect or store any payment card information.

Section 3.3 – Order Confirmation & Delivery

We will follow up your order with an order confirmation email detailing your purchase. Please check that all information is correct. Contact us immediately if you see any discrepancies or errors.

Delivery timeframes listed are estimates only and subject to change. We are not liable for any delays in shipment. You will only be charged after your order ships.

Section 3.4 – Returns & Refunds

Please inspect all orders promptly upon receipt. Any concerns, defects, missing or damaged items must be reported within 14 days of receiving your shipment. We accept returns of unused products in original packaging within 30 days of purchase.

Refunds are generally processed back to the original payment method within 5 business days of receiving the return. Shipping and handling fees are non-refundable. We do not accept returns or provide refunds for custom or specialty orders.

Please contact support@thehimi.shop to request a return and obtain an RMA number prior to sending anything back to us. Unapproved returns will not be accepted. Items must be returned in original condition with proof of purchase included. You are responsible for paying shipping costs associated with returns.

Section 4 – Account Terms

Section 4.1 – Account Creation

You must provide accurate and complete information to create an account. You are solely responsible for any activity on your account. You must safeguard your login credentials and immediately notify us of any unauthorized use. Multiple accounts with overlapping information may be terminated.

Section 4.2 – Account Use

Your account is for your personal, non-commercial use only. You are responsible for all content you post and activity that occurs under your account. You must not list, sell, or purchase any prohibited or illegal products or services.

Section 4.3 – Account Termination

We may suspend or terminate your account at any time for violation of these Terms & Conditions or other policies we may publish from time to time. You can deactivate your account by emailing support@thehimi.shop.

Upon account termination or deactivation, your information will no longer be accessible, but may remain in our archives. We will retain data as required by legitimate business purposes and applicable laws.

Section 5 – Copyright Dispute Policy

Please contact our Copyright Agent with any copyright concerns:

Email: copyright@thehimi.shop

We respect the intellectual property rights of others. Upon proper notice, we will promptly remove content that violates copyright law.

The notice should include:

  • Your name, physical address, email address and phone number
  • A description of the copyrighted work you believe was infringed
  • The exact URL or description of where the infringing material is located
  • A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law
  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest
  • A statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf

Section 6 – California Online Privacy Protection Act Compliance

We comply with the California Online Privacy Protection Act. We therefore will not distribute your personal information to outside parties without your consent.

Section 7 – Children’s Online Privacy Protection Act Compliance

We never collect or maintain information at our Website from those we actually know are under 13, and no part of our website is structured to attract anyone under 13. Visitors must be 13 years or older to use our Website and services. If the visitor is under 18, supervision of a parent or guardian is recommended.

Section 8 – Questions? Concerns? Suggestions?

Please reach out to us at support@thehimi.shop for any questions, concerns or suggestions you may have. We always welcome and value your feedback.

Thank you again for choosing Himi® Gouache Paint, Paints, Gouache Refill!

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