Terms of service

OVERVIEW

This website is operated by HIKIMATCHA LLC. Throughout the site, the terms “we”, “us” and “our” refer to HIKIMATCHA LLC. HIKIMATCHA LLC offers this website, including all information, tools, and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.

By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink.

SECTION 1 - ONLINE STORE TERMS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence. You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

SECTION 2 - GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

SECTION 3 - INTELLECTUAL PROPERTY RIGHTS

The Service and its original content, features, and functionality, including but not limited to the HIKIMATCHA name, logos, branding elements, website content, product descriptions, packaging design, graphics, and original imagery, are and will remain the exclusive property of HIKIMATCHA LLC or its licensors, as applicable. Our trademarks, trade dress, and brand assets may not be used without our prior written consent. Any unauthorized use, reproduction, imitation, or exploitation of our intellectual property is strictly prohibited.

SECTION 4 - HEALTH AND WELLNESS DISCLAIMER

HIKIMATCHA products are premium food and beverage items. The information provided on this website is for general informational purposes only and is not intended as medical advice. You should consult a qualified healthcare professional before making changes to your diet, especially if you are pregnant, nursing, have a medical condition, take medication, or are sensitive to caffeine.

SECTION 5 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information.

SECTION 6 - MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

SECTION 7 - PRODUCTS OR SERVICES

Certain products or services may be available exclusively online through the website. We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction.

SECTION 8 - SHIPPING AND INTERNATIONAL DELIVERY

We will make commercially reasonable efforts to meet estimated processing and delivery timelines. However, delivery times are estimates only and are not guaranteed. HIKIMATCHA LLC is not responsible for delays caused by carriers, weather, service interruptions, supply disruptions, customs processes, or other circumstances beyond our reasonable control.Risk of loss and title for items purchased pass to you upon our delivery of the order to the carrier.

SECTION 9 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. You agree to provide current, complete and accurate purchase and account information for all purchases made at our store.

SECTION 10 - OPTIONAL TOOLS

We may provide you with access to third-party tools which we neither monitor nor have any control over. You acknowledge and agree that we provide access to such tools "as is" and "as available" without any warranties of any kind.

SECTION 11 - THIRD-PARTY LINKS

Certain content, products and services available via our Service may include materials from third-parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites.

SECTION 12 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions or creative ideas, you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us.

SECTION 13 - PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy.

SECTION 14 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, and availability. We reserve the right to correct any errors and to change or update information or cancel orders if any information is inaccurate at any time without prior notice.

SECTION 15 - PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to infringe upon or violate our intellectual property rights; (c) to upload or transmit viruses; (d) to collect or track the personal information of others.

SECTION 16 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

In no case shall HIKIMATCHA LLC, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, arising from your use of any of the service or any products procured using the service.

SECTION 17 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless HIKIMATCHA LLC and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party.

SECTION 18 - SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms.

SECTION 19 - TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

SECTION 20 - FORCE MAJEURE

HIKIMATCHA LLC shall not be liable for any failure of or delay in the performance of this agreement for the period that such failure or delay is due to causes beyond its reasonable control, including but not limited to acts of God, war, strikes, supply chain disruptions, or international shipping delays.

SECTION 21 - DISPUTE RESOLUTION (ARBITRATION)

Any dispute arising out of or relating to these Terms, or the breach thereof, shall be settled by binding arbitration in Queens, New York, in accordance with the rules of the American Arbitration Association. The cost of arbitration shall be shared equally by the parties, unless the arbitrator determines otherwise.

SECTION 22 - GOVERNING LAW AND JURISDICTION

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the State of New York, United States, without regard to its conflict of law principles. You agree that any legal action or proceeding arising out of or related to these Terms or your use of the Services shall be brought exclusively in the state or federal courts located in Queens County, New York. You hereby consent to the personal jurisdiction and venue of such courts and waive any objection as to inconvenient forum.

SECTION 23 - ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service constitute the entire agreement and understanding between you and us.

SECTION 24 - CHANGES TO TERMS OF SERVICE

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes.

SECTION 25 - SMS/MOBILE MESSAGING

By providing your phone number, you agree to receive automated marketing text messages (e.g., abandoned cart reminders) from HIKIMATCHA LLC. Consent is not a condition of purchase. Message and data rates may apply. You may opt out at any time by replying STOP.

SECTION 26 - RETURNS AND REFUNDS

Due to the perishable nature of our products, all matcha purchases are final sale. We do not accept returns or exchanges. If your order arrives damaged, defective, or incorrect, please contact us within 48 hours of delivery at info@hikimatcha.com. We may request supporting photographs or other reasonable information in connection with any claim for damage, defect, shortage, or incorrect fulfillment.

Approved claims may be eligible for a replacement or store credit at our sole discretion.

SECTION 27 - LOST OR STOLEN PACKAGES

HIKIMATCHA LLC is not responsible for packages that are lost or stolen after the carrier marks the shipment as delivered to the address provided at checkout. Customers are responsible for providing an accurate and secure delivery address.

SECTION 28 - ALLERGY AND SENSITIVITY DISCLAIMER

Our products are prepared and handled in environments that may process common allergens. Individuals with food sensitivities, allergies, or caffeine sensitivity should review product details carefully and consult with a qualified healthcare professional if needed before consumption.

SECTION 29 - ORDER FRAUD AND SECURITY

We reserve the right to refuse, cancel, or limit any order suspected of fraudulent, unauthorized, or suspicious activity. This includes, but is not limited to, discrepancies in billing information, unusual purchasing patterns, or failed payment verification checks.

SECTION 30 - PRE-ORDERS AND AVAILABILITY

Certain products may be offered on a pre-order basis. Estimated shipping dates are provided for reference only and are subject to change due to production schedules, international sourcing, or unforeseen delays. By placing a pre-order, you acknowledge and accept potential variations in fulfillment timelines.

SECTION 31 - ACCESSIBILITY STATEMENT

HIKIMATCHA LLC is committed to providing a website that is accessible to the widest possible audience, regardless of technology or ability. We are actively working to increase the accessibility and usability of our website. If you are having any difficulty accessing any part of this website, please contact us at info@hikimatcha.com, and we will work with you to provide the information, item, or transaction you seek through an alternate communication method or that is accessible for you consistent with applicable law.

SECTION 32 - CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at info@hikimatcha.com