Terms of Use
Terms of Use and Sale
Welcome to Saisei’s website, available at SAISEI and/or any other associated subdomains or addresses as may be available from time to time (the “Website”), which is owned, operated and managed by Saisei Global Inc. and/or its affiliates (in these Terms of Use “we”, “us”, “our”, and “Saisei”). These Terms of Use (as may be amended and/or updated from time to time at Saisei’s sole discretion), together with our Privacy Policy (available for review by clicking here privacy policy and Cookie Policy (available for review by clicking here cookies policy are collectively referred to as these “Terms”. These Terms govern your access to and use of Saisei’s Website and other services, applications, Content (as defined below) and products owned, controlled by or operated by Saisei and made available to you (collectively, the “Platform”). Please read these Terms carefully before using the Platform. Your access to and use of the Platform is conditioned on your acceptance of and compliance with these Terms. By accessing or using the Platform you agree to be bound by these Terms. If you do not wish to be bound by these Terms or nor agree to these Terms, you must not use or register to our Platform. By accessing the Platform, you also represent that you have read, understood and agree to the Privacy Policy and Cookie Policy.
1. Eligibility
Access to, use of and purchase from the Platform is permitted only for individuals who are legally capable of entering into binding agreements under applicable laws, have reached at least 18 years old or the age of majority in their jurisdiction, and are not otherwise prohibited from using the Platform. You can only purchase products for private and domestic use and may not purchase products for commercial resale.
2. Content
Any material from the Platform may not be copied, republished, posted, uploaded, reproduced, transmitted or distributed, except with the express written permission by Saisei. You also may not mirror any material contained on the Platform or any other server without our prior written consent. The Platform, including all of its information and content, such as any information, text, data, wallpaper, icons, logos, characters, articles, artwork, images, photographs, graphics, video, music, sound, messages, specifications, trademarks, source code, software, hypertext markup language used to generate the pages, lists of items compiled by you, comments, reviews, links, or other materials uploaded, downloaded or appearing on, or linked to the Platform, including, without limitation, any design, structure, selection, coordination, arrangement, and expression of such content (collectively, the "Content"), is and shall remain at all times Saisei’s exclusive property or that of our suppliers or licensors, whether or not protected by patent, trademark and/or copyright under any law, domestic and/or international laws.
Saisei reserves the right, at its sole discretion and without notice, to modify, suspend, or discontinue any Content on the Platform, at any time and for any reason. We may impose fees or charges for access to or use of any products, services, or Content provided through the Platform.
3. Permitted and Prohibited Use
The Platform is made available solely for your personal, lawful, and non-commercial use. You may use the Platform only in compliance with these Terms, and with all applicable laws and regulations. You acknowledge and agree that Saisei may, at its sole discretion and without prior notice, suspend, limit, or permanently revoke your access to the Platform at any time and for any reason.
Except as otherwise provided in the Platform or in these Terms, you may not use, download, upload, copy, print, display, perform, reproduce, publish, transfer, modify, delete, add to, license, post, transmit, distribute or otherwise exploit any Content, in whole or in part. Additionally, you may not use or frame any of Saisei Trademarks (as defined below), logo, or proprietary information (including, without limitation, images, text, page layouts, or form designs) without Saisei’s prior written consent. You are also prohibited from collecting or making commercial use of any product listings, descriptions, or other content available through the Platform, and from using any meta tags or other hidden text that incorporates Saisei’s name, trademarks, or product names without Saisei’s prior written consent. You acknowledge and agree not to purchase products through the Platform or from a Saisei retail store for the purpose of resale or other commercial exploitation, and not to commercially sell, resell, distribute, or frame the Platform or any Content therein.
We specifically prohibit any use of the Platform, and require all users to agree not to use the Platform, for any of the following:
- Posting any information which is incomplete, false, inaccurate or not your own;
- Communicating, transmitting, or posting any material that infringes, or may infringe, the intellectual property rights or other legal rights of any third party, including but not limited to copyrights, trade secrets, trademarks, rights of publicity, or rights of privacy, unless you are the lawful owner of such rights or have obtained express authorization to use such material;
- Communicating, transmitting, posting, or engaging in any activity through the Platform that violates any applicable laws, regulations, or legal obligations, including conduct that may constitute a criminal offense, give rise to civil liability, or otherwise breach any local, national, or international law;
- Uploading, transmitting, or otherwise introducing to the Platform any viruses, malware, harmful code, or hidden mechanisms (including, but not limited to, time bombs, logic bombs, software locks, Trojan horses, worms, or backdoors, or similar routines) that are intended to disrupt, damage, interfere with, or gain unauthorized access to the Platform, its infrastructure, or any related systems;
- Accessing, attempting to access, interfering with, attacking (including through denial-of-service or distributed denial-of-service attacks), or otherwise circumventing any security, authentication, or technical protection measures of the Platform, its servers, or any connected systems or hosting environment, except as expressly permitted by these Terms;
- Employ any data scraping, data mining, robots, or similar automated tools to extract data or methods from the Platform;
- Manipulate identifiers, create a false identity, or falsify headers in any way intended to mislead, deceive, or conceal the origin of any content or communication transmitted to, from, or through the Platform;
- Using the Platform to harass, disrupt, or unlawfully interfere with Saisei business interests.
Any unauthorized use of the Platform and/or a breach of these restrictions and/or a breach of these Terms, will result an immediate termination of the license or permission granted to you hereunder, and may subject you to legal liability under applicable laws, including, without limitation, laws governing copyrights, trademarks (including trade dress), and communications regulations. Furthermore, such unauthorized use may lead to your permanent exclusion from access to the Platform.
4. License and Rules
We grant you a personal, limited, nonexclusive, nontransferable license to access the Platform and to use the information and services contained therein solely for your personal, non-commercial use. You are responsible for your own communications, including the transmission, posting and uploading of information, and you are also responsible for the consequences of such communications on the Platform. Any permission granted herein terminates automatically, without further notice, if you breach any of these Terms, and upon such termination, you agree to immediately destroy any downloaded and/or printed materials, Content or other information provided through the Platform.
Saisei reserves the right, for any reason or for no reason, in its sole discretion and without notice, to revise the products and services described on the Platform and to terminate, change, suspend or discontinue any aspect of the Platform, including, but not limited to, the Content, features and/or hours of availability of the Platform, and we will not be liable to you or to any third party for doing so.
We may also impose rules and limitations on use of the Platform or restrict your access to part, or all, of the Platform without providing notice or bear any liability. We have the right to change these rules or limitations at any time and for any reason, in our sole discretion.
5. Account and Communication
If you choose to purchase products or services via the Platform, you may be offered the option to create a user account. Creating an account is voluntary; however, if you do so, you are solely responsible for: (a) ensuring that the email address associated with your account remains accurate and up to date; (b) restricting access to your device and account; and (c) maintaining the confidentiality and security of your account credentials, including your password. You are fully and solely responsible for all activities that occur under your account, including, without limitation, any purchases made through the Platform, whether authorized by you or not.
You agree to notify Saisei immediately of any suspected or actual unauthorized use of your account or password, or any other security breach, by contacting support@wearesaisei.com . Saisei reserves the right to disable or terminate any account or password, at any time and for any reason, at its sole discretion. You further acknowledge and agree that, in accordance with the Privacy Policy and to the extent permitted by applicable law, Saisei may access, preserve, or disclose information related to your account, User Materials (as defined below), your communications, and your activity on the Platform if such access or disclosure is (i) required by law or legal process, or (ii) where Saisei reasonably determines it is necessary to protect its rights, the rights of other users or third parties, or in response to your customer service inquiries.
By using the Platform, you agree to receive communications from Saisei by electronic means, whether by email sent to the address associated with your account, or by notices posted directly on the Platform, for any purpose. You acknowledge and agree that such electronic communications satisfy any legal requirement that communications be in writing. You further agree that Saisei may use and/or disclose your information in accordance with its Privacy Policy and subject to applicable laws.
6. User Material and Conduct
You are solely responsible for any material, information, messages, images, audio, video, feedback, comments, suggestions, ideas, or other content that you upload, submit, post, or otherwise make available on or through the Platform and/or the services related to the Platform (“User Material”). You acknowledge that you bear full responsibility for the legality, reliability, appropriateness, and intellectual property ownership of all User Material you provide, and you hereby confirm that Saisei shall not bear any responsibility in connection with such User Material. Unless otherwise expressly stated in these Terms, you acknowledge that all User Material is provided on a non-confidential and non-proprietary basis.
By providing any User Material, you represent and warrant that: (i) you own or have obtained all necessary rights, licenses, and permissions to submit the User Material, and you hereby grant Saisei a license to use such User Material for any purpose needed by Saisei sole discretion in accordance with the terms set hereunder; (ii) the User Material does not and will not violate or infringe any third-party rights, including privacy, publicity, copyright, trademark, or other intellectual property rights; (iii) you are responsible for all royalties, fees, or other amounts owed to any party as a result of your User Material; and (iv) the User Material is accurate, lawful, and not misleading.
Subject to your continued ownership of any intellectual property rights, by submitting any User Material, you grant Saisei a worldwide, perpetual, irrevocable, transferable, sublicensable, royalty-free, non-exclusive license to use, reproduce, display, perform, distribute, adapt, modify, translate, and create derivative works from such User Material, in any media now known or later developed, for any lawful purpose related to the Platform or Saisei’s business, at Saisei’s sole discretion.
If the User Material includes your or any third party’s name, likeness, voice, or biographical information (“Individual Attributes”), you represent that you have obtained all necessary permissions and hereby grant (or cause such person to grant) Saisei the right to use such Individual Attributes in any media for marketing or promotional purposes relating to Saisei products and services, in any known format or hereafter developed.
In connection with your submission of User Material or any interaction with the Platform, you agree that you shall not perform, attempt, or facilitate any of the following actions, including but not limited to: (a) violate any law, regulation, or these Terms; (b) infringe intellectual property, privacy, publicity, or other rights of third parties, including by posting any copyrighted, patented, trade-secret, proprietary, or trademarked materials without the express permission of the rights holder, or by posting any person’s name, likeness, voice, or biographical information without proper consent; (c) misrepresent your identity or impersonate others; (d) post, discuss, or incite illegal activity or post unlawful, defamatory, false, offensive, obscene, or otherwise objectionable content; (e) use racially, ethnically, or otherwise offensive language; (f) solicit or post sexually explicit material, whether actual or simulated; (g) harass, abuse, stalk, or threaten others; (h) transmit spam, advertisements, or solicitations; (i) post or distribute viruses or malicious code or take any action that imposes or may impose (in Saisei’s sole discretion) an unreasonable or disproportionately large load on Saisei’s infrastructure; (j) attempt to interfere with the Platform’s operation or security, or gain unauthorized access to the Platform, its servers, networks, or user accounts; (k) use automated means (e.g., robots, crawlers) without express consent; (l) submit or promote exploitative, violent, or harmful content, including content involving minors or animals; and (m) alter or interfere with other users’ posts or accounts. This list of prohibitions is not exhaustive and provided for illustrative purposes only.
Saisei reserves the right, at its sole discretion, to take any of the following actions at any time, with or without notice or cause, and for any reason: (i) suspend, restrict, or permanently revoke your ability to post or otherwise contribute User Material to the Platform or its services; (ii) remove, delete, edit, restrict, or refuse to display or distribute any User Material, including where Saisei determines, in its sole discretion, that such material is inappropriate, unlawful, or disruptive; and (iii) suspend or terminate your access to your account or to the Platform, either temporarily or permanently.
Saisei may, at its discretion or as required by law, report to law enforcement authorities any conduct that is, or is reasonably suspected to be, illegal, and may cooperate with such authorities in any investigation relating to unlawful use of the Platform or elsewhere on the internet. Saisei assumes no responsibility and disclaims all liability for any User Material posted or uploaded by you or any third party, or for any errors, defamation, libel, slander, falsehoods, omissions, obscenity, offensive language, or illegal content that may be encountered. As an interactive service provider, Saisei acts solely as a forum and is not responsible for any statements, representations, or User Material made by users in public forums or personal profiles. Nothing in these Terms shall be construed as obligating Saisei to monitor, screen, or remove any User Material or other content submitted by you or any other user. Automated access to the Platform, including, without limitation, crawling, scraping, or caching of content such as user profiles or photos, is strictly prohibited, unless explicitly permitted by Saisei or performed in accordance with recognized search engine protocols and with Saisei’s prior express consent. It is Saisei’s policy not to accept or review any unsolicited content, feedback, ideas, suggestions, or other materials, except where specifically requested and subject to applicable terms and conditions. This policy is intended to avoid potential misunderstandings in cases where Saisei’s own developments are similar to unsolicited submissions. Accordingly, Saisei assumes no responsibility or liability for any such unsolicited materials. If, notwithstanding this policy, you choose to submit any content, ideas, or suggestions, you agree that Saisei may use such materials freely and without obligation or compensation, including for the development or marketing of its products or services.
7. Product Information and Availability
We strive to display product details, images, and colors accurately, but actual appearance may vary. All products are subject to availability, and we do not guarantee that items displayed will be in stock at all times or locations.
8. Order Process and Payment
To place an order, you must provide accurate information of your name, address, email, phone number and a valid payment method. Orders are subject to acceptance and availability. Prices, taxes, and fees, including delivery and shipping fees, are shown at checkout and may change. Payment is due upon order acceptance. We may use third-party services to verify payment and prevent fraud. If an order is accepted, you will receive an email confirming acceptance, except if you have selected to pick up your purchase from our stores (as further detailed below), and then we will send you an email when your purchase is available for pickup in your selected Store.
9. Delivery and Pickup
Delivery times are estimates and may be affected by factors outside our control. Delivery is complete when your purchase is delivered to your provided address, at which point risk and ownership transfers to you. For store pickup, you will be notified when your order is ready; uncollected orders may be canceled and refunded. Store pickup is not available at all stores and may not be available for certain products. To pickup your purchase you will need to provide your photo ID and order confirmation number.
10. Order Cancellation and Rejection
We reserve the right to limit, refuse, or cancel any order at our discretion, including for suspected fraud, payment issues, product unavailability, or violation of these Terms. If your order is canceled after payment, you will receive a refund to your original payment method.
11. Returns and Refunds
Eligible products may be returned within 30 days of receipt, provided they are unused, unwashed, and in original condition with tags attached, and a proof of purchase. Certain items may not be returnable. Refunds are issued to your original payment method, less any non-refundable shipping fees, after inspection.
12. Discounts and Membership Programs
We may offer discount and membership programs to eligible customers. These programs may change or have additional terms, which will be provided as applicable. Unless stated otherwise, we may limit eligible payment methods for discounts and prohibit the purchase of products for resale using any discount. We reserve the right to deny discounts or refuse orders if we suspect reselling or misuse.
13. External Links and Linking to Our Platform
The Platform may include links, integrations, or references to websites, content, services, or resources provided by third parties that are not owned, operated, or controlled by Saisei or its affiliates (collectively, “Third Party Services”). These links are provided solely for your convenience. Saisei does not endorse, monitor, or assume any responsibility for the availability, content, products, services, or practices of any Third Party Services. Your interaction with such third parties, including any transactions, is conducted solely at your own risk and subject to the terms and conditions and privacy policies of such third parties. The inclusion of any Third Party Services on the Platform does not constitute or imply endorsement, sponsorship, or recommendation by Saisei of that party or its offerings.
You may link to the Platform from your own website, provided that such linking is done in a fair and lawful manner and does not suggest any form of association, approval, or endorsement by Saisei unless explicitly authorized. The website from which you link must comply with all applicable laws and must not contain any content that is unlawful, misleading, or otherwise inappropriate.
14. Intellectual Property
All trademarks, service marks, trade names, logos, and trade dress, whether registered or unregistered (collectively, the "Trademarks"), that appear on the Platform or in connection with any services provided by Saisei, are the sole property of Saisei or its respective owners or affiliates. You may not use, display, reproduce, or modify any Trademarks without Saisei’s prior written consent, and you may not remove or alter any Trademarks notices from any Content.
The Platform and any Content thereof, as well as its overall design, selection, and arrangement, are and shall remain at any time the sole and exclusive property of Saisei and/or its licensors, and are protected under applicable copyright, trademark, patent, and other intellectual property laws. Except as expressly permitted in these Terms or by Saisei’s prior written consent, no part of the Platform or any Content thereof may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, or distributed in any way, including for commercial purposes. Saisei grants you a limited, non-exclusive, non-transferable right to access and use the Platform for your personal and non-commercial use, subject to these Terms. You may print a copy or download extracts of pages from the Website solely for personal use, provided that you do not modify the materials in any way and that you retain all copyright, trademark, and proprietary notices. You must not use any illustrations, photographs, video or audio sequences, or graphics separately from the accompanying text, and you must acknowledge Saisei (and any identified contributors) as the source of such Content.
You should respect the intellectual property rights of others, as Saisei does. In appropriate circumstances and at its sole discretion, Saisei may suspend or terminate access to the Platform for users who infringe the intellectual property rights of others. If you believe that your intellectual property rights have been infringed on the Platform, please contact us by email at support@wearesaisei.com and provide the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. § 512 ("DMCA"): (i) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) Identification of the work claimed to have been infringed; (iii) a good faith statement that you believe that use of the material in the manner complained of is not authorized by the copyright and/or trademark owner, its agent, or the law; (iv) a statement that the information in the notice is accurate and, under penalty of perjury, that you are authorized to act on behalf of the rights owner; (v) Identification of the claimed infringing material on the Platform and information reasonably sufficient to permit Saisei to locate it; and (vi) sufficient contact information, including your address, telephone number, and email address.
Please note that knowingly submitting a false or misleading infringement claim may result in liability under applicable law.
15. Disclaimers and Limitation of Liability
BY USING THE PLATFORM, YOU REPRESENT AND WARRANT TO SAISEI THAT YOU WILL NOT USE THE PLATFORM FOR ANY PURPOSE OTHER THAN LAWFUL USE AS EXPRESSLY PERMITTED UNDER THESE TERMS. UNLESS EXPRESSLY STATED OTHERWISE IN THESE TERMS, THE PLATFORM (INCLUDING THE WEBSITE, THE CONTENT, APPLICATIONS, USER MATERIAL, PRODUCTS, AND ANY LINKS OR SERVICES PROVIDED THROUGH THE PLATFORM OR IN PHYSICAL STORES) IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES, REPRESENTATIONS, OR CONDITIONS OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, SAISEI DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES, REPRESENTATIONS, AND CONDITIONS, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, DURABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE. SAISEI FURTHER DISCLAIMS ANY WARRANTIES THAT THE PLATFORM, CONTENT, USER MATERIAL, OR ANY PRODUCTS OR SERVICES MADE AVAILABLE THROUGH THE PLATFORM ARE SECURE, ACCURATE, COMPLETE, CURRENT, OR FREE FROM ERRORS, OMISSIONS, VIRUSES, OR OTHER HARMFUL COMPONENTS.
YOU ACKNOWLEDGE THAT YOUR USE OF THE PLATFORM, INCLUDING ANY DOWNLOADS OR ACCESS TO THIRD PARTY SERVICES, IS AT YOUR OWN RISK. SAISEI SHALL NOT BE LIABLE FOR ANY DAMAGE OR LOSS RESULTING FROM VIRUSES, MALWARE, DISTRIBUTED DENIAL-OF-SERVICE ATTACKS, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY AFFECT YOUR DEVICE, DATA, OR DIGITAL ASSETS AS A RESULT OF USING THE PLATFORM OR ACCESSING ANY WEBSITES LINKED THROUGH THE PLATFORM. THE PLATFORM MAY CONTAIN TYPOGRAPHICAL ERRORS, INACCURACIES, OR OMISSIONS AND MAY NOT ALWAYS REFLECT CURRENT OR COMPLETE INFORMATION. SAISEI RESERVES THE RIGHT TO CORRECT SUCH ERRORS OR UPDATE INFORMATION AT ANY TIME WITHOUT PRIOR NOTICE, INCLUDING AFTER AN ORDER HAS BEEN SUBMITTED. SUCH CORRECTIONS MAY RELATE TO PRODUCT DESCRIPTIONS, AVAILABILITY, OR PRICING. TO THE EXTENT PERMITTED BY LAW, SAISEI ALSO RESERVES THE RIGHT TO CANCEL OR REFUSE ANY ORDER PLACED BASED ON INACCURATE OR OUTDATED INFORMATION. IF A PRODUCT BECOMES UNAVAILABLE AFTER AN ORDER HAS BEEN ACCEPTED, SAISEI MAY CANCEL THE ORDER BY PROVIDING WRITTEN NOTICE AND WILL ARRANGE FOR A REFUND OR STORE CREDIT, AS APPLICABLE. MINOR VARIATIONS IN PRODUCT COLOR, TEXTURE, OR APPEARANCE MAY OCCUR DUE TO DIFFERENCES IN IMAGE CAPTURE, SCREEN DISPLAY SETTINGS, OR OTHER TECHNICAL FACTORS. SAISEI DOES NOT GUARANTEE THAT PRODUCTS WILL EXACTLY MATCH THEIR ONLINE REPRESENTATIONS AND SHALL NOT BE HELD LIABLE FOR SUCH VARIATIONS. NOTHING IN THESE TERMS SHALL LIMIT OR AFFECT YOUR STATUTORY RIGHTS UNDER APPLICABLE CONSUMER PROTECTION LAWS.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, SAISEI, ITS RELATED ENTITIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, SERVICE PROVIDERS, AND THIRD-PARTY PARTNERS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, OR MULTIPLIED DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, REVENUE, BUSINESS OPPORTUNITIES, GOODWILL, DATA, OR ANTICIPATED SAVINGS, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION SHALL APPLY TO ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE, INABILITY TO USE, OR PERFORMANCE OF THE PLATFORM, INCLUDING ANY ERRORS, OMISSIONS, INTERRUPTIONS, DELAYS, COMPUTER VIRUSES, SYSTEM FAILURES, OR OTHER HARMFUL COMPONENTS, UNLESS SUCH DAMAGES RESULT DIRECTLY FROM SAISEI’S WILLFUL MISCONDUCT OR FRAUD. BY USING THE PLATFORM, YOU AGREE THAT ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATING TO YOUR USE OF THE PLATFORM OR THESE TERMS, MUST BE BROUGHT WITHIN ONE (1) YEAR FROM THE DATE ON WHICH THE EVENT GIVING RISE TO THE CLAIM OCCURRED. OTHERWISE, SUCH CLAIM IS PERMANENTLY BARRED. IN THE EVENT THAT A JURISDICTION DOES NOT ALLOW AN EXCLUSION OR LIMITATION OF CERTAIN DAMAGES OR LIABILITIES, SAISEI’S LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
FOR THE AVOIDANCE OF DOUBT, SAISEI SHALL NOT BE HELD LIABLE FOR ANY FAILURE OR DELAY IN PERFORMANCE CAUSED BY EVENTS BEYOND ITS REASONABLE CONTROL, INCLUDING, BUT NOT LIMITED TO, ACTS OF GOD, NATURAL DISASTERS, WAR, TERRORISM, PANDEMICS, LABOR DISPUTES, INTERNET OR UTILITY FAILURES, OR GOVERNMENTAL ACTIONS.
THESE TERMS SET OUT THE FULL AGREEMENT REGARDING ANY CLAIMS RELATED TO YOUR SHOPPING, ORDERS, PURCHASES, RETURNS, OR USE OF OUR STORES AND PLATFORM. TO THE EXTENT ALLOWED BY LAW, THE MAXIMUM TOTAL LIABILITY OF EITHER PARTY FOR ANY CLAIM IS LIMITED TO THE AMOUNT YOU PAID FOR THE PRODUCT(S) IN THE RELEVANT TRANSACTION, AND WILL NOT EXCEED 100% OF THE PURCHASE PRICE. NOTHING IN THESE TERMS LIMITS LIABILITY THAT CANNOT BE EXCLUDED BY LAW. IF THESE LIMITATIONS ARE FOUND UNENFORCEABLE, OUR MAXIMUM LIABILITY WILL BE THE GREATER OF THE AMOUNT YOU PAID FOR THE PRODUCT(S) OR $100. SOME EXCLUSIONS OR LIMITATIONS MAY NOT APPLY IN CERTAIN JURISDICTIONS.
16. Indemnity
You agree to indemnify, defend, and hold harmless Saisei, its affiliates, and their respective directors, officers, employees, service providers and agents from and against any and all claims, liabilities, damages, losses, and expenses (including attorneys’ fees) arising out of or relating to: (a) your actual or alleged breach of these Terms; (b) your use of or access to the Platform, any User Material or Individual Attributes, or any other content you submit through the Platform; (c) your infringement or violation of any third-party rights, including, without limitation, intellectual property, confidentiality, privacy, publicity, or proprietary rights; (d) any false, misleading, or otherwise inaccurate representation made by you; or (e) your violation of any applicable law, regulation, rule, or governmental order.
17. Governing Law and Jurisdiction
These Terms shall be governed by, and construed in accordance with, the laws of the State of Delaware, without regard to its conflict of law principles. Any dispute arising out of or relating to these Terms, the Platform, and/or the Content shall be subject to the exclusive jurisdiction of the state or federal courts located in the State of Delaware, and you hereby consent to the personal and exclusive jurisdiction of such courts. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to these Terms or to any transactions governed by them.
18. Arbitration
Any dispute, claim, or controversy arising out of or relating to these Terms, the Platform, or any products or services provided by Company (collectively, “Disputes”) shall be resolved exclusively by final and binding arbitration, rather than in court, except that you and Company may assert claims in small claims court if the claims qualify.
The arbitration shall be conducted by a single arbitrator under the rules of the American Arbitration Association (“AAA”) applicable to consumer disputes, unless otherwise agreed by the parties. The arbitration may be conducted in person, through the submission of documents, by phone, or online, as determined by the arbitrator. The seat and venue of arbitration shall be the State of Delaware, unless otherwise required by law.
You and Company agree that any Dispute shall be conducted only on an individual basis and not in a class, consolidated, or representative action. You expressly waive any right to a jury trial. The arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a class or representative proceeding.
You may opt out of this arbitration agreement by sending written notice to support@wearesaisei.com within thirty (30) days of first accepting these Terms. If you do not opt out, this arbitration agreement will apply to you.
If any part of this arbitration agreement is found to be unenforceable, the remainder will remain in effect, except that if the class action waiver is found to be unenforceable, the entire arbitration agreement shall be null and void.
19. Miscellaneous
These Terms, together with any documents or policies expressly incorporated by reference, constitute the entire agreement between you and Saisei with respect to your access to and use of the Platform, including any transactions or services made available through it. These Terms supersede any prior agreements, understandings, or communications, whether oral or written, between you and Saisei regarding the subject matter herein. These Terms are between you and Saisei and no other person shall have any right to enforce any terms herein. The parties expressly agree that these Terms, as well as all related communications, documents, agreements, and proceedings, shall be drafted and conducted solely in the English language. Any translation of these Terms shall not be binding and shall not alter the meaning or interpretation of the original English version. Each party irrevocably waives any right it may have, under applicable law, to require that these Terms be drawn up or interpreted in any language other than English. Section headings are included for convenience only and shall not affect the interpretation of these Terms. In the event that any provision of these Terms is found to be invalid, unlawful, or unenforceable under applicable law, such determination shall not affect the validity or enforceability of the remaining provisions, nor shall it affect the validity or enforceability of such provision in other jurisdictions. In such case, the affected provision shall be interpreted or, if necessary, modified to the minimum extent required to render it valid and enforceable while preserving, to the greatest extent possible, its original intent and purpose. You may not assign or transfer any of your rights or obligations under these Terms without the prior written consent of Saisei. Saisei may assign or transfer its rights and obligations under these Terms freely and without any restriction.
20. Contact Us
If you have any questions regarding these Terms, or wish to raise any concerns about material appearing on the Platform, please contact us at support@wearesaisei.com .
Effective Date: 01.06.2025, 2025.