Terms and Conditions

Welcome to Hitoki.com. This website (this “Site”) is operated by 4 LLC DBA Hitoki (“Hitoki”) and provided through Shopify. For more information regarding Shopify’s privacy policy and terms and conditions, please visit www.shopify.com. Your use of, and access to, this Site is subject to the following Terms and Conditions (the “Terms”). The Terms are a legal agreement between you and Hitoki, and they contain important information on your legal rights, remedies and obligations. By accessing, browsing, or otherwise using this Site, you (i) acknowledge that you have read and understand, and are agreeing to be bound by the Terms and that you are agreeing to comply with all applicable laws, rules, policies and regulations; and (ii) represent that you are an adult, at least 21 years or older. You must be 21 years of age or older to access or use this Site. Hitoki may revise the Terms at any time, for any reason, and without notice.

USE OF THIS SITE CONSTITUTES ACCEPTANCE OF THE TERMS. IF YOU DO NOT ACCEPT THE TERMS, YOU MAY NOT USE THIS SITE OR ANY FUNCTIONALITY ASSOCIATED WITH IT. HITOKI RESERVES THE RIGHT TO MODIFY OR AMEND THE TERMS FROM TIME TO TIME WITHOUT NOTICE. YOUR CONTINUED USE OF THIS SITE CONSTITUTES ACCEPTANCE OF ANY CHANGES TO THE TERMS.

Age Requirement

You must be 21 years of age or older to register, place an order, or use this Site.

Product Use

The lawful and proper use of Hitoki products is a required condition of sale. Products purchased from this Site are intended only for lawful use by adults who meet all applicable age requirements. You are responsible for understanding and complying with all applicable local, state, and federal laws before purchasing, possessing, or using any product sold by Hitoki.

Keep all products out of the reach of children. Review product instructions and all accompanying literature before purchasing or using any Hitoki product. The use of unintended materials, improper use, alteration, or misuse may result in product damage and may void any warranty, expressed or implied. Hitoki is not responsible for unlawful use, misuse, or actions taken by the end user. By purchasing a product, you confirm your acceptance of these Terms.

Products, Content, and Specifications

All prices are displayed exclusive of all taxes. All features, content, specifications, products and prices of products described or depicted on this Site are subject to change at any time without notice. If listed, weights, measurements and similar descriptions are approximate and are provided for convenience purposes only. Packaging may vary from that shown. Hitoki makes reasonable efforts to accurately display the attributes of our products, including the applicable color; however, the actual color you see will depend on your computer system, and Hitoki cannot guarantee that your computer will accurately display such colors. The inclusion of products on this Site at a particular time does not imply or warrant that these products will be available at any time. Occasionally, the manufacture or distribution of a certain product or service may be delayed for a number of reasons. In such event, Hitoki will make reasonable efforts to notify you of the delay and keep you informed of the revised delivery schedule. By placing an order, you represent that the products ordered will be used only in a lawful manner.

Accuracy of Information

Hitoki attempts to ensure that information on this Site is complete, accurate, and current. Despite our efforts, the information on this Site may occasionally be inaccurate, incomplete, or out of date. We make no representations as to the completeness, accuracy or currency of any information on this Site. For example, products included on this Site may be unavailable, may have different attributes than those listed, or may actually carry a different price than that stated on this Site. In addition, Hitoki may change information about price and availability without notice. Hitoki reserves the right, without prior notice, to limit the order quantity on any product and/or to refuse service to any customer. Hitoki also may require verification of information prior to the acceptance and/or shipment of any goods.

Payment

All payment is taken in United States Dollars. Payment is taken at time of order. For all charges or deposits for any products ordered by you on or through this Site, Hitoki or its vendors or agents will bill you using the payment method offered by you and you agree to pay all such charges or deposits. When you provide payment information, you represent that you are authorized to use the payment method. In the event legal action is necessary to collect on balances due, you agree to reimburse Hitoki and its vendors or agents for all expenses incurred to recover sums due, including attorneys’ fees and other legal expenses incurred.

Shipping

Hitoki currently ships orders within the United States only. We do not offer international shipping at this time.

Products are dispatched using a standard courier service unless another shipping method is offered and selected at checkout. When an order is placed, it will be shipped to the address designated by you, provided that the shipping address complies with the shipping restrictions contained on this Site and all applicable laws.

Risk of loss and title for items purchased from this Site pass to you upon delivery of the items to the courier. You are responsible for filing any claims with the courier for damaged or lost shipments.

Hitoki reserves the right, without prior notice, to not ship a product if payment is not completed, if the shipping address is restricted, or if Hitoki determines that you have violated these Terms.

For more information, please review our Shipping Policy.

Order and Delivery Restrictions

You may only purchase products for personal use by either yourself or your intended recipient, provided that the recipient is 21 years of age or older.

Hitoki makes no promise that products available on this Site are appropriate or available for use in all locations. Accessing this Site from territories where its content is illegal or unlawful is strictly prohibited.

It is your responsibility to ascertain and obey all applicable local, state, and federal laws, including minimum age requirements, in regard to all purchases, shipments, possession, use, and sale of any item purchased from this Site. Illegal use or purchase of any product is strictly prohibited.

Return, Refund, Warranty, and Exchange Policy

You may return or exchange products purchased from this Site only in accordance with Hitoki’s Return / Refund Policy, Warranty Policy, and Exchange Policy.

Returns must be requested within 30 days of the product purchase date and will only be accepted for products that are unopened, unused, in new condition, and in the original packaging. Return requests made after 30 days from the purchase date will not be accepted.

All returns must be authorized by Hitoki before being sent. To begin a return, contact us at support@hitoki.com. To complete your return, we require a receipt or proof of purchase.

Customers are responsible for shipping costs associated with any return, warranty claim, or exchange unless otherwise stated by Hitoki in writing. Shipping costs are non-refundable.

Once your return is received and inspected, Hitoki will notify you by email that the returned item has been received. We will also notify you of the approval or rejection of your refund.

If your refund is approved, a credit for the approved refund amount will be applied to your original method of payment. Hitoki reserves the right to deny a refund request if we determine that the return does not meet the requirements stated in these Terms or in the Return / Refund Policy.

For more information, please review our Return / Refund Policy.

Warranty Policy

Due to the sensitive storage and operating temperature requirements of laser modules, Hitoki warrants to the original purchaser (the “Purchaser”) of the Trident (the "Products"), for a period of 6 months from the date in which the Purchaser purchased the Products (the “Warranty Period”), that the Products shall be free of defects in design, assembly, material, or workmanship. Extended warranty must be purchased within 14 days of purchasing the product, where available.

If a valid Warranty claim is made during the Warranty Period, Hitoki will repair or replace, at its option, any defective Products free of charge. Hitoki may, at its discretion, replace any defective Products with new, refurbished, or reconditioned Products of the same model. To qualify for this Warranty, the Purchaser must provide the defective Products and a copy of the original receipt of purchase to Hitoki for inspection. The receipt of purchase must indicate the Products purchased, price paid, date of purchase, and name of merchant.

To request service under this Warranty, contact Hitoki, and a Hitoki representative will provide instructions on how to proceed. This Warranty shall be null and void if Hitoki determines that the product has been improperly used, altered, or tampered with in any way. This Warranty does not protect against normal-use wear and tear or damage due to abuse. This Warranty does not cover non Hitoki-branded products, counterfeit products, replicas, or otherwise non-authentic Hitoki- branded products. This Warranty shall not apply to any Hitoki-branded Products purchased from unauthorized resellers or unauthorized retailers.

THIS WARRANTY CONTAINS THE SOLE WARRANTY OF HITOKI. THERE ARE NO OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, AND SUCH IMPLIED WARRANTIES, IF ANY, ARE LIMITED IN DURATION TO THE TERM OF THIS WARRANTY. IN NO EVENT SHALL HITOKI BE LIABLE FOR INCIDENTAL, SPECIAL, DIRECT, INDIRECT OR CONSEQUENTIAL DAMAGES SUCH AS, BUT NOT LIMITED TO, LOST BUSINESS OR PROFITS ARISING OUT OF THE SALE OR USE OF ANY PRODUCT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Exchange Policy

Exchanges are only available on defective items and any requests for an exchange must be sent to support@hitoki.com. Any exchanges made must be for the same item.

Links to Third-Party Websites

This Site may contain links to websites of third parties, including, without limitation, advertisements of third party products and services and "buy" links to third party vendors or retailers to purchase products or services featured on this Site. If you use these links, you will leave this Site. These third parties and their websites are not under our control. We do not examine or evaluate these websites and we are not responsible for their content or operation. By providing links to these websites, we do not approve, warrant, endorse, or otherwise make any representation about them, their owners, or operators, and do not assume any related responsibility or liability. You should exercise your own judgment in evaluating and using these websites. When you link to these websites, you become subject to their terms and conditions of use and privacy policies.

Account Termination

You or Hitoki may suspend or terminate your account or your use of this Site at any time, for any reason, or for no reason. You are personally liable for any orders placed or charges incurred through your account prior to termination.

Privacy Policy

Hitoki respects your privacy and shares your concerns about its protection. Our Privacy Policy constitutes a part of the Terms and explains how we may collect, use and protect information that we learn about you as a result of your interaction with Hitoki through this Site. Hitoki may use your information to generate statistical reports to help us understand the market for our products and services and to develop promotional and marketing campaigns. Additionally, Hitoki may use the contact information you provide to us to make you aware of other products and services.

Payment Processing

Payment processing services enables this Site to process payments by credit card, bank transfer or other means. To ensure greater security, this Site shares only the information necessary to execute the transaction with the financial intermediaries handling the transaction. Some of these services may also enable the sending of timed messages to the user, such as emails containing invoices or notification concerning the payment. Authorize.net is the payment service provider used by Hitoki to process your payment. For more information regarding the various types of data used by authorize.net to process your payment, please refer to authorize.net’s privacy policy and terms of use. It is expressly understood and agreed by you that Hitoki may share your data with third party vendors as needed, and you agree that neither Hitoki, nor any of its members or employees, shall be liable as a result of third party misuse of your data.

Representations and Warranties

You represent and warrant that you are at least 21 years of age, have the right and authority to agree to the Terms, are fully able and competent to satisfy the Terms, and your use of this Site will be in compliance with all applicable laws. You represent that you have read, understood, agree with, and will abide by the Terms.

Disclaimers

Your use of this Site is at your own risk. Except when expressly provided, the information, materials and services provided on or through this Site are provided “as is” without any warranties of any kind including warranties of merchantability or fitness for a particular purpose. The information, materials and services provided on or through this Site may be out of date, and neither Hitoki, nor any of its affiliates makes any commitment or assumes any duty to update such information, materials or services. No advice or information, whether oral or written, obtained from Hitoki or through this Site will create any warranty not expressly made.

Ownership

Hitoki, its subsidiaries, affiliated companies, distributors, vendors, contractors, and/or licensors (collectively, the “Hitoki Parties”) are the owners or licensees of all content and materials on this Site (“Site Content”) and of all related intellectual property rights, including, without limitation, all copyrights, moral rights, trademark rights, and patent rights. Site Content includes, without limitation, all features, functions, services, software, algorithms, designs, objects, documentation, know-how, code, data, art, graphics, animation, photographs, images, text, music, sound effects, audio and/or audio- visual elements, and downloadable materials on this Site, as well as the look-and-feel, design, layout, organization, presentation, user interface, navigation, and stylistic conventions of this Site.

Unsolicited Products or Ideas

Hitoki does not accept unsolicited products or ideas, and it is not responsible for the similarity of any of its products or ideas to products or ideas transmitted to Hitoki. Should you submit any unsolicited products or ideas, you do so with the understanding that no additional consideration of any sort will be provided to you, and you are waiving any claim against Hitoki and its affiliates regarding the use of such products and ideas, even if a product or an idea is used that is substantially similar to the product or idea you submitted.

Indemnification

You agree to defend, indemnify, and hold Hitoki and any affiliated entity or individual harmless from any and all liabilities, costs, and expenses, including actual attorney’s fees, related to or in connection with (i) the use of this Site or your placement or transmission of any user submission or other content, message or information on this Site by you or your authorized users; (ii) your violation of the Terms; (iii) your violation of any third party rights; (iv) your violation of any law, rule or regulation of the United States or any other country including, but not limited to, illegal use of or purchase of the products on this Site; (v) any claims that arise as a result of any materials that you provide to Hitoki, including without limitation, any claim arising from a defamation or invasion of privacy claim; or (vi) any other party’s access and use of this Site with your username, password, or other appropriate security code.

Release

In the event that you have a dispute with one or more other users of this Site, you release Hitoki (and our members, agents, and employees) from claims, demands and damages (actual or consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

Choice of Law

Any claims relating to, and the use of, this Site and the materials contained herein will be governed exclusively by and construed under the laws of the State of Georgia. You hereby consent and waive all objections to the exclusive personal jurisdiction, and venue in, the Superior Court of Fulton County, Georgia for the purposes of all cases and controversies arising out of the use of this Site and the Terms.

Rights Reserved

Hitoki’s failure to act with respect to a breach by you or others does not waive our right to act with respect to such breach or any subsequent or similar breach. You agree that Hitoki may assign its rights under the Terms in its sole discretion. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.

Entire Agreement

The Terms set forth the entire understanding and agreement between you and Hitoki.

Severability

If any of the provisions, terms or clauses of the Terms are declared illegal, unenforceable or ineffective by an authority of competent jurisdiction, those provisions, terms and clauses shall be deemed severable, such that all other provisions, terms and clauses of the Terms shall remain valid and binding.