Terms of service
OVERVIEW
Welcome to SAIKA Collective (“SAIKA”, “we”, “us”, or “our”). SAIKA operates this website and online store, including all related content, information, features, tools, products, and services made available through it (collectively, the “Services”). The Services are provided to you for the purpose of offering a curated shopping experience.
These Terms of Service (“Terms”) govern your access to and use of the Services and form a legally binding agreement between you and SAIKA. These Terms also incorporate by reference any additional policies posted on the Services or otherwise made available to you, including our Privacy Policy (the “Policies”). To the extent permitted by applicable law, the Terms and Policies together constitute the entire agreement governing your use of the Services.
The Services are hosted on Shopify Inc.’s commerce platform (“Shopify”), which enables SAIKA to operate the online store and process transactions. Shopify provides the technical infrastructure; however, unless expressly stated otherwise, all purchases and sales of products through the Services are made directly between you and SAIKA.
BY ACCESSING, BROWSING, INTERACTING WITH, OR USING ANY PART OF THE SERVICES, INCLUDING BY PLACING AN ORDER, YOU CONFIRM THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS AND THE POLICIES. IF YOU DO NOT AGREE, YOU MUST NOT ACCESS OR USE THE SERVICES.
You should read these Terms carefully. They include important provisions that affect your rights, including (where permitted by law) disclaimers of warranties, limitations of liability, and rules governing dispute resolution and applicable law.
Defined terms used in these Terms may appear in quotation marks or with initial capitalization and shall have the meanings assigned to them herein.
If you have questions regarding these Terms, you may contact us at: info@saikacollective.com
SECTION 1 - ACCESS AND ACCOUNT
Access to and use of the Services is permitted solely on a temporary basis and is subject to compliance with these Terms and all applicable laws and regulations.
By accessing or using the Services, you represent and warrant that:
-
You are at least eighteen (18) years of age or the age of legal majority in your jurisdiction of residence
-
You possess the legal capacity and authority to enter into a binding agreement
-
All information provided by you to SAIKA in connection with your use of the Services is true, accurate, current, and complete
-
You are authorized to provide any personal, billing, payment, or shipping information submitted through the Services
You agree that you shall not:
-
Use the Services for any unlawful purpose
-
Provide false or misleading account or payment information
-
Impersonate any individual or entity
-
Permit any third party to access or use your account
Where account registration is required, you are solely responsible for:
-
Maintaining the confidentiality of your login credentials
-
Restricting access to your account
-
All activities conducted under your account
SAIKA shall not be liable for any loss or damage arising from your failure to safeguard account credentials.
Accounts are personal to the registered user and may not be transferred, assigned, sublicensed, or otherwise made available to any third party without prior written consent from SAIKA.
SAIKA reserves the right, at its sole discretion and without prior notice, to suspend, restrict, or terminate your access to the Services or your account where:
-
Any information provided is determined to be inaccurate or incomplete
-
A breach of these Terms is suspected
-
Fraudulent, abusive, or unlawful activity is detected
-
Such action is required to comply with applicable law or to protect the legitimate business interests of SAIKA
Termination or suspension of access shall not affect any rights or obligations accrued prior to such action.
SECTION 2 - PRODUCTS
SECTION 3 - ORDERS
All orders placed through the Services constitute a legally binding offer by you to purchase the selected product(s) in accordance with these Terms.
Submission of an order does not constitute acceptance of that order by SAIKA. A binding sales agreement is formed only when SAIKA issues an explicit written order confirmation or dispatch confirmation.
SAIKA reserves the right, at its sole discretion and without liability, to:
-
Refuse or decline any order
-
Cancel any order prior to dispatch
-
Limit quantities ordered
-
Reject orders suspected of fraudulent activity, unauthorized resale, or export
-
Correct pricing, listing, or typographical errors
If an order is refused or cancelled, any payment received will be refunded using the original payment method, unless otherwise required by law.
You are responsible for reviewing your order carefully prior to submission. Once an order has been accepted, it cannot be modified or cancelled except where required by applicable law or expressly permitted by SAIKA in writing.
By placing an order, you represent and warrant that:
-
The purchase is for personal, private use and not for commercial resale or redistribution
-
The payment method used is valid and authorized
-
You have the legal right to use the provided payment instrument
SAIKA reserves the right to request additional verification or identification before accepting or processing an order.
All purchases remain subject to SAIKA’s Return & Withdrawal Policy, which forms an integral part of these Terms.
Failure to comply with these Terms may result in order cancellation and/or account suspension without prior notice.
SECTION 4 - PRICES AND BILLING
SECTION 5 - SHIPPING AND DELIVERY
SECTION 7 - OPTIONAL TOOLS
The Services may provide access to tools, applications, or functionalities made available by third parties (“Third-Party Tools”) over which SAIKA has no ownership, control, or supervisory authority.
Such Third-Party Tools are provided on an “as is” and “as available” basis without any representations, warranties, or conditions of any kind, whether express or implied.
To the fullest extent permitted by applicable law, SAIKA:
-
Makes no warranties regarding the availability, accuracy, functionality, or reliability of Third-Party Tools
-
Does not endorse or assume responsibility for any Third-Party Tools
-
Shall bear no liability whatsoever arising from or relating to your use of or reliance upon any Third-Party Tools
Your use of any Third-Party Tools is undertaken entirely at your own risk and discretion. It is your responsibility to review and comply with the applicable terms and conditions of the relevant third-party provider.
SAIKA reserves the right to modify, suspend, or discontinue access to any Third-Party Tools at any time without notice.
Any future features, services, or tools introduced through the Services shall also be subject to these Terms unless expressly stated otherwise.
SECTION 8 - THIRD-PARTY LINKS
The Services may contain links to websites, applications, or services operated by third parties (“Third-Party Sites”), including embedded functionalities provided by such parties.
These Third-Party Sites are provided for convenience only. SAIKA does not control, endorse, or assume responsibility for the content, policies, or practices of any Third-Party Sites.
You acknowledge and agree that:
-
Access to any Third-Party Site is undertaken entirely at your own risk
-
SAIKA is not responsible for examining or evaluating the content or accuracy of Third-Party Sites
-
SAIKA shall not be liable for any loss or damage arising from your use of or reliance upon Third-Party Sites
Any transactions or interactions conducted with Third-Party Sites are solely between you and the relevant third party.
You are advised to review the applicable terms and privacy policies of any Third-Party Sites prior to engaging in any transaction or activity.
Complaints, claims, concerns, or questions regarding Third-Party Sites or their products and services must be directed to the relevant third party.
SECTION 9 - RELATIONSHIP WITH SHOPIFY
The Services are hosted on Shopify Inc.’s e-commerce platform (“Shopify”), which provides the technical infrastructure enabling SAIKA to offer products and process transactions through the online store.
Notwithstanding the foregoing, all purchases and sales conducted through the Services are made directly between you and SAIKA.
To the fullest extent permitted by applicable law, Shopify shall not be deemed a party to any contract of sale entered into between you and SAIKA and shall bear no responsibility or liability for:
-
The products offered through the Services
-
Order processing or fulfillment
-
Shipping or delivery
-
Returns or refunds
-
Product quality or authenticity
-
Any injury, loss, or damage arising from purchased goods
You acknowledge and agree that Shopify acts solely as a technical service provider.
Accordingly, you hereby expressly release Shopify and its affiliates, officers, directors, employees, and agents from any and all claims, demands, damages, losses, or liabilities arising out of or in connection with any transaction conducted with SAIKA through the Services.
SECTION 10 - PRIVACY POLICY
All personal data collected, processed, or otherwise handled through the Services shall be processed in accordance with applicable data protection laws and regulations, including but not limited to the General Data Protection Regulation (EU) 2016/679 (“GDPR”).
By accessing or using the Services, you acknowledge and agree that:
-
Personal data provided by you may be collected and processed for the purpose of providing the Services
-
Such data may be transmitted to and processed by third-party service providers, including Shopify, for order fulfillment, payment processing, logistics, and technical support
-
These service providers may be located in jurisdictions outside of the European Economic Area
SAIKA shall take appropriate technical and organizational measures to safeguard personal data in accordance with applicable legal requirements.
Further information regarding the collection, use, storage, and transfer of personal data is set out in our Privacy Policy.
By using the Services, you confirm that you have read and understood our Privacy Policy.
SECTION 11 - FEEDBACK
If you submit, upload, transmit, or otherwise provide any suggestions, ideas, proposals, reviews, comments, or other materials to SAIKA, whether requested or unsolicited (collectively, “Feedback”), you hereby grant SAIKA a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, transferable, and sublicensable license to use, reproduce, modify, adapt, publish, distribute, display, and otherwise exploit such Feedback in any medium and for any lawful purpose, including for commercial use, without restriction and without any obligation to acknowledge or compensate you.
You represent and warrant that:
-
You own or otherwise control all rights necessary to submit the Feedback
-
The Feedback does not infringe any third-party rights, including intellectual property or privacy rights
-
The Feedback does not contain unlawful, defamatory, or otherwise objectionable material
SAIKA shall be under no obligation:
-
To maintain any Feedback in confidence
-
To pay compensation for any Feedback
-
To respond to any Feedback
SAIKA reserves the right, but shall have no obligation, to monitor, edit, or remove any Feedback at its sole discretion where such Feedback is deemed to violate these Terms or applicable law.
SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS
SECTION 13 - PROHIBITED USES
You may access and use the Services solely for lawful purposes and in accordance with these Terms.
You agree not to use, or permit any third party to use, the Services:
-
In any manner that violates applicable laws or regulations
-
To infringe upon or violate the intellectual property rights of SAIKA or any third party
-
To engage in fraudulent, misleading, or deceptive conduct
-
To impersonate any person or entity
-
To transmit or procure the sending of unsolicited advertising or promotional material
-
To upload or transmit viruses, malware, or any other malicious code
-
To interfere with or circumvent the security features of the Services
You further agree not to:
-
Reproduce, duplicate, copy, sell, resell, or exploit any portion of the Services without prior written consent
-
Collect or track the personal data of other users
-
Use automated means, including bots, spiders, or scrapers, to access the Services
-
Engage in any activity that restricts or inhibits the use or enjoyment of the Services by others
SAIKA reserves the right, at its sole discretion and without prior notice, to suspend, restrict, or terminate your access to the Services where any breach of this Section is suspected or identified. Such action shall not affect any rights or remedies available to SAIKA under applicable law.
SECTION 14 - TERMINATION
SAIKA reserves the right, at its sole discretion and without prior notice, to suspend, restrict, or terminate your access to the Services, in whole or in part, at any time where:
-
You are found to be in breach of these Terms
-
Fraudulent, abusive, or unlawful conduct is suspected
-
Such action is necessary to comply with applicable legal or regulatory obligations
-
Such action is required to protect the legitimate interests of SAIKA
Upon termination, you shall remain liable for all obligations incurred prior to the effective date of termination, including any outstanding payment obligations.
Termination of access to the Services shall not affect any provisions of these Terms which by their nature are intended to survive termination, including but not limited to provisions relating to:
-
Intellectual Property
-
Disclaimer of Warranties
-
Limitation of Liability
-
Indemnification
-
Governing Law
-
Dispute Resolution
SAIKA reserves all rights and remedies available at law or in equity in connection with any breach of these Terms.
SECTION 15 - DISCLAIMER OF WARRANTIES
To the fullest extent permitted by applicable law, the Services and all products made available through the Services are provided on an “as is” and “as available” basis without any representations, warranties, or conditions of any kind, whether express, implied, statutory, or otherwise.
SAIKA expressly disclaims, to the maximum extent permitted by law, all implied warranties, including but not limited to:
-
Merchantability
-
Fitness for a particular purpose
-
Title
-
Durability
-
Non-infringement
SAIKA does not warrant or guarantee that:
-
The Services will be uninterrupted, secure, or error-free
-
The Services will be free from viruses or harmful components
-
Any defects or errors will be corrected
-
The results obtained from the use of the Services will be accurate or reliable
Any reliance on the Services or on products purchased through the Services is undertaken solely at your own risk.
Nothing in these Terms shall exclude or limit any warranty or consumer right that cannot be excluded or limited under applicable law.
EXCEPT AS EXPRESSLY STATED BY SAIKA, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED 'AS IS' AND 'AS AVAILABLE' FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE, REPRESENT OR WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
SECTION 16 - LIMITATION OF LIABILITY
To the fullest extent permitted by applicable law, SAIKA, its directors, officers, employees, affiliates, agents, contractors, service providers, licensors, or partners shall not be liable for any:
-
Indirect, incidental, special, or consequential damages
-
Loss of profits, revenue, business opportunity, or anticipated savings
-
Loss of data
-
Loss of goodwill
-
Business interruption
-
Replacement costs
arising out of or in connection with:
-
Your use of or inability to use the Services
-
Any products purchased through the Services
-
Any content made available through the Services
-
Any errors or omissions in information provided
whether such liability arises in contract, tort (including negligence), strict liability, or otherwise, even if SAIKA has been advised of the possibility of such damages.
Where liability cannot be excluded under applicable law, SAIKA’s total aggregate liability shall be limited to the amount paid by you for the relevant product giving rise to the claim.
Nothing in these Terms shall exclude or limit liability where such exclusion or limitation is prohibited by applicable law, including liability for death or personal injury caused by negligence or for fraud.
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO CASE SHALL SAIKA, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS OR LICENSORS, OR THOSE OF 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 ANY OF THE SERVICES OR ANY PRODUCTS PROCURED USING THE SERVICES, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES OR ANY PRODUCT, 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 SERVICES OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, EVEN IF ADVISED OF THEIR POSSIBILITY.
SECTION 17 - INDEMNIFICATION
SECTION 18 - SEVERABILITY
SECTION 20 - ASSIGNMENT
You may not assign, transfer, delegate, or otherwise dispose of any of your rights or obligations under these Terms without the prior written consent of SAIKA. Any attempted assignment or transfer in violation of this provision shall be null and void.
SAIKA may assign, transfer, or delegate these Terms, in whole or in part, or any of its rights or obligations hereunder, at any time without notice or consent, including in connection with a merger, acquisition, corporate restructuring, or sale of assets.
These Terms shall be binding upon and inure to the benefit of the parties and their respective permitted successors and assigns.
SECTION 21 - GOVERNING LAW
These Terms and any separate agreements whereby SAIKA provides you with products or Services shall be governed by and construed in accordance with the laws of the Netherlands, without regard to its conflict of law principles.
Any dispute, controversy, or claim arising out of or in connection with these Terms, including their existence, validity, interpretation, performance, or termination, shall be subject to the exclusive jurisdiction of the competent courts of the Netherlands.
Nothing in this Section shall deprive consumers of the protection afforded to them by mandatory provisions of the law of their country of habitual residence, where applicable under European Union consumer protection legislation.
SECTION 22 - HEADINGS
The headings used in these Terms are included for convenience only and shall not affect the interpretation, construction, or enforceability of any provision herein.
SECTION 23 - CHANGES TO TERMS OF SERVICE
SAIKA reserves the right, at its sole discretion, to modify, update, or replace any part of these Terms at any time.
Any such amendments shall become effective upon publication on the Services unless otherwise required by applicable law.
It is your responsibility to review these Terms periodically for changes. Continued access to or use of the Services following the publication of any amendments shall constitute acceptance of those amendments.
SECTION 24 - CONTACT INFORMATION
Questions regarding these Terms of Service should be directed to:
info@saikacollective.com