Terms of service

Overview

Welcome to Hakai Culture! These Terms of Service ("Terms," "Terms of Service") govern your access to and use of our website hakaiculture.us, including all related content, features, tools, products, and services (collectively, the "Services"). In these Terms, "we," "us," and "our" refer to Hakai Culture. "You" and "your" refer to the user or customer.

Our Services are powered by Shopify, which provides the eCommerce platform that enables us to operate our online store.

Please read these Terms carefully before using our Services. They contain important information about your legal rights, including warranty disclaimers, limitations of liability, and dispute resolution.

By visiting, browsing, or making a purchase through our Services, you agree to be bound by these Terms and our Privacy Policy and Return & Refund Policy. If you do not agree to these Terms, please do not use our Services.

Section 1 — Eligibility and Account

1.1 Eligibility

By using our Services, you represent that you are at least 18 years old or the age of majority in your jurisdiction of residence, whichever is greater. If you are under the age of majority, you may only use our Services with the involvement and consent of a parent or legal guardian.

1.2 Account Information

To make a purchase or create an account, you may be required to provide accurate information, including:

  • Full name
  • Email address
  • Billing and shipping address
  • Payment details
  • Phone number

You represent and warrant that all information you provide is accurate, current, and complete, and that you are legally authorized to provide such information.

1.3 Account Security

You are solely responsible for:

  • Maintaining the confidentiality of your account credentials
  • All activities that occur under your account
  • Notifying us immediately of any unauthorized access or security breach

You may not transfer, sell, assign, or license your account to any other person.

Section 2 — Our Products

2.1 Product Representation

We make every reasonable effort to display our products accurately, including images, descriptions, dimensions, materials, and colors. However, please note that:

  • Product colors may appear slightly different on your screen due to monitor calibration, lighting, and device settings
  • Product packaging may occasionally vary from images shown
  • Minor variations in handmade or natural materials are normal and not considered defects

2.2 Product Availability

  • All product descriptions and prices are subject to change without prior notice
  • We reserve the right to discontinue any product at any time
  • We may limit the quantity of products available for purchase per customer, region, or order
  • In rare cases of stock errors, we reserve the right to cancel an order and issue a full refund

2.3 Product Use

You agree that products purchased from us are for personal or household use only and not for commercial resale, redistribution, or export, unless otherwise expressly authorized by us in writing.

Section 3 — Orders and Acceptance

3.1 Placing an Order

When you place an order, you are making an offer to purchase. Your order is not accepted until we send you an order confirmation email and successfully process your payment.

3.2 Order Acceptance

We reserve the right to:

  • Accept or decline any order at our sole discretion
  • Cancel any order due to stock issues, pricing errors, suspected fraud, or other legitimate reasons
  • Limit or refuse service to anyone for any lawful reason

If we cancel or modify your order, we will notify you via the email, phone number, or billing address provided at checkout, and any payment already collected will be fully refunded within 7 business days.

3.3 Order Modifications and Cancellations

You may request to modify or cancel your order within 2 hours of placing it by emailing us at support@hakaiculture.us. After this window, we may be unable to make changes as your order may already be in processing.

3.4 Returns and Refunds

All purchases are subject to our Return & Refund Policy, which forms part of these Terms.

Section 4 — Pricing and Payment

4.1 Pricing

  • All prices are listed in US Dollars (USD) unless otherwise stated
  • Prices, discounts, and promotions are subject to change without notice
  • The price you pay is the price displayed at the time you place your order, as confirmed in your order confirmation email
  • Posted prices do not include applicable taxes, shipping fees, customs duties, or import charges unless explicitly stated

4.2 Taxes and Duties

  • Applicable sales taxes are calculated and displayed at checkout
  • For international orders, you are responsible for any customs duties, import taxes, or fees levied by your country
  • We are not responsible for delays caused by customs processing

4.3 Payment Methods

We accept the following payment methods:

  • Major credit and debit cards (Visa, Mastercard, Maestro, American Express, Discover, Diners Club)
  • PayPal
  • Shop Pay
  • Union Pay
  • elo
  • Apple Pay / Google Pay

4.4 Payment Authorization

By submitting payment information, you represent and warrant that:

  • The payment information you provide is true, accurate, and complete
  • You are legally authorized to use the payment method
  • Sufficient funds or credit are available to cover the purchase
  • All charges, including taxes and shipping, will be honored by your payment provider

4.5 Promotions and Discounts

Promotional pricing, discount codes, and special offers are subject to additional terms. In case of conflict between promotional terms and these Terms of Service, the promotional terms prevail for that specific promotion.

Section 5 — Shipping and Delivery

5.1 Processing and Delivery Times

  • Order processing time: 1–2 business days
  • Standard delivery time: 3–5 business days
  • All delivery times are estimates and not guaranteed

5.2 Shipping Delays

We are not responsible for delays caused by:

  • Shipping carriers (USPS, UPS, FedEx, DHL, etc.)
  • Customs processing or inspections
  • Weather, natural disasters, or other force majeure events
  • Incorrect or incomplete shipping addresses provided by the customer

5.3 Risk of Loss

Title and risk of loss for products pass to you upon delivery to the shipping carrier. However, if your package is lost, damaged, or arrives defective during shipping, please contact us at support@hakaiculture.us within 48 hours of delivery and we will work with you to resolve the issue under our Return & Refund Policy.

Section 6 — Intellectual Property

6.1 Our IP

All content on our Services — including but not limited to text, graphics, logos, images, product photos, videos, designs, software, and the overall look and feel — is the property of Hakai Culture or its licensors and is protected by United States and international copyright, trademark, and intellectual property laws.

6.2 Limited License

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for personal, non-commercial use only. You may not:

  • Reproduce, distribute, modify, or create derivative works
  • Publicly display or perform our content
  • Use our content for commercial purposes without our prior written consent
  • Remove any copyright, trademark, or proprietary notices

6.3 Trademarks

"Hakai Culture," our logos, and product names are trademarks of Hakai Culture. "Shopify" and related marks are trademarks of Shopify Inc. All other trademarks are the property of their respective owners. Unauthorized use of any trademark is strictly prohibited.

Section 7 — Optional Third-Party Tools

We may provide access to third-party tools or features through our Services. These tools are provided "as is" and "as available" without warranties of any kind. We are not responsible for your use of these tools, and you should review the third party's terms before using them. We may add or remove features at any time, and new features are subject to these Terms.

Section 8 — Third-Party Links

Our Services may contain links to third-party websites. We are not responsible for the content, accuracy, or practices of any third-party sites. Accessing these links is at your own risk, and we recommend reviewing their privacy policies and terms before engaging in any transactions. Any complaints regarding third-party services should be directed to those third parties.

Section 9 — Relationship With Shopify

Hakai Culture is powered by Shopify Inc., which provides the platform that enables our Services. All sales and transactions, however, are made directly between you and Hakai Culture.

By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of your purchase or transaction, including any product issues, refunds, or damages. You release Shopify and its affiliates from all claims, damages, or liabilities arising from your purchases with Hakai Culture.

Section 10 — Privacy

All personal information collected through the Services is governed by our Privacy Policy. Certain information may also be subject to Shopify's Privacy Policy. By using our Services, you acknowledge that you have read and agree to both policies.

Section 11 — Customer Feedback and Reviews

If you submit reviews, ratings, suggestions, ideas, or other feedback ("Feedback"), you grant Hakai Culture a perpetual, worldwide, royalty-free, sublicensable license to use, reproduce, modify, publish, and display such Feedback for any lawful purpose, including marketing.

You represent and warrant that:

  • You own or have all necessary rights to the Feedback
  • Your Feedback is truthful and accurate
  • You have disclosed any compensation or incentive received in exchange for Feedback
  • Your Feedback does not violate any third-party rights, including copyright, trademark, or privacy rights
  • Your Feedback is not defamatory, obscene, abusive, threatening, or otherwise unlawful

We reserve the right (but have no obligation) to monitor, edit, or remove Feedback at our discretion. We are not responsible for any Feedback submitted by users.

Section 12 — Errors, Inaccuracies, and Omissions

Occasionally, information on our Services may contain typographical errors, inaccuracies, or omissions related to product descriptions, prices, promotions, shipping fees, transit times, or availability. We reserve the right to:

  • Correct any errors, inaccuracies, or omissions
  • Update information at any time without prior notice
  • Cancel orders affected by such errors, with full refund issued promptly

We are not obligated to update information except as required by law.

Section 13 — Prohibited Uses

You agree not to use our Services for any unlawful or prohibited purpose, including but not limited to:

  • Violating any applicable law, regulation, or third-party right
  • Infringing intellectual property rights
  • Harassing, abusing, defaming, or harming any person
  • Transmitting false, misleading, or fraudulent information
  • Spamming, phishing, or distributing malware
  • Impersonating any person or entity
  • Scraping, data mining, or using automated tools (including AI agents) without permission
  • Bypassing security measures or interfering with the operation of the Services
  • Conducting any activity that could harm Hakai Culture, Shopify, or our users

We reserve the right to suspend, restrict, or terminate your access to the Services at any time for violations of these Terms.

Section 14 — Automated Agents and AI Tools

14.1 Application

This section applies if you use, enable, or deploy any automated software ("Agent") to access or interact with our Services. "Agent" means any software, bot, or AI tool that acts on behalf of a person or entity without direct supervision.

14.2 Agent Requirements

Agents may only access our Services if they:

  • Clearly identify themselves in HTTP/HTTPS user-agent strings (e.g., "Agent/[name]")
  • Do not mimic human behavior or bypass CAPTCHA systems
  • Respond truthfully when asked whether the interaction is automated
  • Comply with all rate limits, robots.txt, and other technical restrictions

14.3 Our Rights

We reserve the right to block, throttle, or terminate access by any Agent that violates these requirements or that we determine, in our discretion, is harmful to our Services or users.

Section 15 — Termination

We may suspend or terminate your access to the Services at any time, with or without notice, for any reason, including violation of these Terms. You will remain liable for all amounts due up to the date of termination.

The following sections survive termination: Intellectual Property, Feedback, Disclaimer of Warranties, Limitation of Liability, Indemnification, Governing Law, Dispute Resolution, and any other provisions that by nature should survive.

Section 16 — Disclaimer of Warranties

THE SERVICES AND ALL PRODUCTS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. Except as expressly stated in these Terms or required by applicable consumer protection law, we make no representations or warranties of any kind, express or implied, including but not limited to:

  • Merchantability or fitness for a particular purpose
  • Non-infringement
  • Accuracy, reliability, or completeness of information
  • Uninterrupted, timely, secure, or error-free operation

Statutory Consumer Rights: Nothing in these Terms excludes or limits any statutory consumer rights that cannot be excluded under applicable law (including state consumer protection laws, the EU Consumer Rights Directive, and UK Consumer Rights Act 2015). If you are a consumer, you may have legal rights in addition to those described here.

Section 17 — Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, in no event shall Hakai Culture, its directors, officers, employees, affiliates, agents, contractors, or licensors (including Shopify and its affiliates) be liable for any indirect, incidental, special, consequential, or punitive damages — including loss of profits, revenue, data, or goodwill — arising from:

  • Your use of or inability to use the Services
  • Any products purchased through the Services
  • Unauthorized access to or alteration of your data
  • Any other matter related to the Services

Our total liability for any claim arising from these Terms or your use of the Services shall not exceed the amount you paid us in the 12 months preceding the claim, or USD $100, whichever is greater.

Statutory Exceptions: This limitation does not apply to:

  • Death or personal injury caused by our negligence
  • Fraud or fraudulent misrepresentation
  • Any liability that cannot be excluded or limited under applicable law

Section 18 — Indemnification

You agree to indemnify, defend, and hold harmless Hakai Culture, Shopify, and our respective affiliates, officers, directors, employees, agents, and licensors from any claims, damages, liabilities, losses, or expenses (including reasonable attorney's fees) arising from:

  • Your breach of these Terms
  • Your violation of any law or third-party right
  • Your use of the Services

We will notify you of any claim, and you may participate in the defense at your own expense. We may control the defense and settlement, provided we will not settle any claim requiring non-monetary obligations from you without your reasonable consent.

Section 19 — Dispute Resolution

19.1 Informal Resolution

Before pursuing formal action, you agree to first contact us at support@hakaiculture.us to attempt to resolve any dispute informally. Most issues can be resolved this way within 30 days.

19.2 Governing Law

These Terms are governed by the laws of the State of Washington, United States, without regard to its conflict of law principles.

19.3 Jurisdiction and Venue

Any disputes not resolved informally shall be brought exclusively in the state or federal courts located in King County, Washington, United States, and you consent to the personal jurisdiction of these courts.

19.4 Consumer Rights

If you are a consumer residing in the European Union, United Kingdom, or another jurisdiction with mandatory consumer protection laws, you retain the right to bring claims in the courts of your country of residence, and the mandatory consumer protection laws of your country will apply.

19.5 Time Limitation

Any claim must be brought within one (1) year of the date the claim arose, except where prohibited by applicable law.

Section 20 — Severability

If any provision of these Terms is found to be unlawful, void, or unenforceable, that provision shall be enforced to the maximum extent permitted, and the remaining provisions shall remain in full force and effect.

Section 21 — Waiver and Entire Agreement

Our failure to enforce any right or provision of these Terms does not constitute a waiver of that right. These Terms, along with our Privacy Policy, Return & Refund Policy, and Shipping Policy, constitute the entire agreement between you and Hakai Culture regarding your use of the Services, superseding any prior agreements.

Section 22 — Assignment

You may not assign or transfer your rights under these Terms without our prior written consent. We may assign or transfer our rights and obligations under these Terms at any time without notice.

Section 23 — Force Majeure

We are not liable for any failure or delay in performance caused by circumstances beyond our reasonable control, including natural disasters, war, terrorism, riots, pandemics, government actions, labor disputes, internet outages, or supply chain disruptions.

Section 24 — Changes to These Terms

We reserve the right to update or modify these Terms at any time. When we make changes, we will:

  • Update the "Last Updated" date at the top of these Terms
  • Post the revised Terms on this page
  • Notify you of material changes via email or website notice where required by law

Your continued use of the Services after changes are posted constitutes your acceptance of the updated Terms. If you do not agree with the changes, you must stop using the Services.

Section 25 — Headings

The headings in these Terms are for convenience only and do not affect interpretation.

Section 26 — Contact Information

For questions about these Terms of Service, please contact us:

Email: support@hakaiculture.us

Phone: +1 425-777-7251

Address: 1100 106th Ave NE #102, Bellevue, WA 98004, United States