Terms of Use

Welcome to WARAYA Online Store & app (the “Online Store”). This Online Store is operated by Stir (HK) Limited. Throughout the Online Store, the terms “we”, “us” and “our” refer to WARAYA. Please carefully read the Terms of Use (the “Terms of Use”) set forth herein. WARAYA offers the Online Store, including all information, products and services (the “Product”) available on the Online Store to the User (the “User”), conditioned upon the User’s acceptance of all terms, conditions, policies and notices set forth herein. By using the Online Store, the User agrees to be bound by the Terms of Use including other additional terms and conditions and policies. In case of any conflict between the Terms of Use and other additional terms and conditions including the Membership Agreement, additional terms and conditions will prevail. Unless there is a conflict between the Terms of Use and other additional terms and conditions, all the terms should be applied together.

1. (Definitions)

2. (User Qualifications, Capabilities, and Rights)

1. The User may use or access the Online Store in accordance with the Terms of Use and other additional terms and conditions and policies. Membership Registration is required in order to purchase the Product on the Online Store.

2. WARAYA reserves the right, at its sole discretion, without any prior notice to the User or any permission from the User, to suspend the use of the Online Store or to refuse a product delivery in any of the following circumstances. WARAYA will not be liable to disclose reasons for those suspensions of the Online Store use or refusal of a product delivery.

(1) The User does not exist.
(2) At the time of the use, the Member’s account is suspended, or the membership had been expelled in the past.
(3) The User uses the Online Store improperly or allows someone to use the Online Store improperly.
(4) The User uses the information provided by the Online Store improperly.

(5) The User commits any prohibited act set forth in clause 4.

(6) The User has breached any clause in the Terms of Use or additional terms and conditions set forth by WARAYA in the past.

(7) The User commits any act that impedes the business operation or technical operations of WARAYA or its business partners.

(8) The User commits any act that disturbs the use of other Users.

(9) The User is not at the legal age of majority and uses the Online Store without parental consent.

(10) WARAYA determines that the User may cause damage to WARAYA or its business partners.
(11) WARAYA determines that the use of the Online Store by the User is inappropriate.
(12) In any other case WARAYA determines that the User is inappropriate.

3. WARAYA shall not be liable or make compensation for any damage arising out of any of the above measures taken against the User.

3. (Information Provision)

The User accepts that advertisement including banner advertisement may be provided to every content such as the Web and Email. The User also accepts that WARAYA may distribute information about the Product by email, fax or postal mail to the User.

4. (Prohibited Acts)

1. When the User uses any service provided by WARAYA, it is prohibited to commit any of the following acts;

(1) To use the Online Store for any improper purposes.

(2) To violate or infringe the copyrights, patents, trademarks, service marks, design rights, trade secrets, intellectual property rights, publicity rights, portrait rights, rights of privacy or any other propriety rights owned by WARAYA or its business partners.
(3) To defame, threaten, discriminate WARAYA or its business partners or damage the reputation of WARAYA or its business partners, regardless of whether it is true or not.
(4) To cause any disadvantage or loss to WARAYA or its business partners.
(5) To impersonate any person or entity to use the Online Store.
(6) To upload or post any bug, virus, worm, Trojan horse or other harmful codes to the Online Store. It is also prohibited to recommend those acts.
(7) To tamper, falsify or delete any information available on the Online Store.
(8) To impede our operation by using our facilities improperly.
(9) To interfere with the Online Store operation or WARAYA administration.
(10) To violate any law or regulation in the jurisdiction where the User resides.
(11) To encourage, suggest or assist any criminal acts.
(12) To violate the Terms of Use or additional terms and conditions set forth by WARAYA.

(13) To take any acts deemed inappropriate by WARAYA.

2. In case any act stipulated above is taken by the User and causes any damage to WARAYA, we reserve the right to claim compensation against the User, for damage incurred including personnel expenses, legal fees and any other expense.

5. (WARAYA Membership Agreement)

When the User purchases a Product on the Online Store, the Membership Agreement will be applied together with the Terms of Use.

6. (Disclaimer)

1. Any information contained in the Online Store is for general information purposes only and provided by WARAYA while endeavoring to keep the information up to date and correct. WARAYA makes no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the Online Store or the information, products, services, or related graphics contained in the Online Store for any purposes. Any reliance that the User may place on such information is therefore strictly at the User’s own risk.

2. WARAYA does not guarantee the quality or performance of the Online Store. WARAYA will not be liable for any data loss or lost profits arising out of, or in connection with any suspension, interruption or defect of the Online Store.
3.  It is the User’s responsibility to take all protective measures to guard against computer viruses or other destructive elements. WARAYA is not liable for any loss or damage caused by computer viruses or other destructive elements.
4.  WARAYA does not provide any guarantee to ensure operation of software or devices when the User accesses the Online Store.
5. The use of the Online Store is at the User’s sole risk and the User takes full responsibility for any cost associated with the use of the Online Store.

6. WARAYA is not liable for any damage of any kind related to the use of the Online Store.
7. WARAYA is not responsible for any damage or loss, 1) caused by the User to any third party 2) caused by any third party to the User, related to the use of the Online Store (including the case that the User suffers any damage or loss caused by a third party collecting personal information by any kind of method for improper purposes). Any dispute shall be settled between the User and a third party. WARAYA is not responsible for this kind of dispute.

8. This clause stipulates all the responsibilities of WARAYA to the User. WARAYA is not liable for any loss or damage, including without limitation, indirect or consequential loss or damage such as the User’s lost profit, legal fees and any other loss under any circumstance.

7. (Interruption or Suspension of Service)

1. WARAYA reserves the right to interrupt or suspend the User’s access to the Online Store and service, without any prior notice to the User and any permission from the User, for any of the following reasons;

(1) If the Online Store is under inspection, renewal and any other maintenance.
(2) If there is a fire, power outage, natural disaster, war, riot, turmoil, strikes, labor negotiations or any related event.
(3) If there is any system trouble or technical difficulty to provide the service.
(4) If there is any service outage of telecommunications carrier.
(5) If there is any other technical difficulty or operational difficulty equivalent to above two clauses.
(6) If WARAYA determines that it is necessary to suspend or terminate the service.

2. WARAYA is hereby not liable for any loss or damage whatsoever caused resulting from any interruption or suspension of the Online Store.

8. (Change or Termination of Service)

WARAYA, at any time, may change or terminate all or part of the service without any prior notice to the User or any permission from the User. WARAYA is not liable for any disadvantage or loss caused by change or termination of the service.

9. (Amendment)

1. WARAYA reserves the right to change or amend the Terms of Use at any time without any prior notice to the User or any permission from the User. When any amendment is made to the Terms of Use, it will be reflected on the Online Store and become effective immediately.
2. WARAYA reserves the right to repeal the Terms of Use at any time without any prior notice to the User or any permission from the User. WARAYA will not be liable for any loss or damage whatsoever caused resulting from repeal of the Terms of Use.

10. (Discrepancy)

 The Terms of Use is prepared in English, Chinese and Japanese. In case of any discrepancy among the English, Chinese and Japanese versions of the Terms of Use, the English version shall prevail.

11. (Governing Law and Jurisdiction)

1. The Terms of Use complies with Hong Kong Law.
2. In the event of any dispute arising out of or in connection with the Terms of Use, the dispute shall be resolved by the Hong Kong Summary Court or the Hong Kong District Court.

Enacted in Jan 1, 2018

Membership Agreement

This website & app (the “Online Store”) are operated by Stir (HK) Limited. Throughout the Online Store, the terms “we”, “us” and “our” refer to WARAYA. Please read carefully the membership agreement (the “Membership Agreement”) set forth herein. WARAYA offers the Online Store, including all information, products and services (the “Product”) available on the Online Store to the Member (the “Member”), conditioned upon the Member’s acceptance of all terms, conditions, policies and notices set forth herein. By using the service, the Member agrees to be bound by the Membership Agreement, including other additional terms and conditions and policies. In case of any conflict between the Membership Agreement and other additional terms and conditions, additional terms and conditions will prevail. Unless there is a conflict between the Membership Agreement and other additional terms and conditions, all the terms should be applied together.

1. (Definitions)

2. (Membership Requirement)

1. The Member who has completed the Membership Registration on the Online Store may purchase the Product and enjoy the services in compliance with the Membership Agreement, the Terms of Use and any other additional terms and conditions and policies.

2. The Member should not transfer, loan, lend, trade, buy, sell or pawn the membership including the rights and privileges obtained.

3. WARAYA reserves the right, at its sole discretion, without any prior notice to the Member or any permission from the Member, to suspend the use of the Online Store, to change the Member’s password or to suspend or expel the membership in any of the following circumstances. WARAYA will not be liable to disclose reasons for those suspension, change or expulsion.

(1) The Member does not exist.
(2) The Member uses the membership information (including its password) improperly or allows someone to use the membership information improperly.

(3) The Member inputs the wrong password several times.

(4) The Member uses the information provided by the Online Store improperly.

(5) The Member does not use the Online Store for a certain period of time.

(6) When WARAYA determines that the Member may cause damage to WARAYA, its business partners or any other third party.

(7) At the time of registration, the Member’s account is suspended, or the membership had been expelled in the past.

(8) The information submitted to WARAYA for registration contains false information, errors or any omission.

(9) The Member fails to pay WARAYA the proper amount owed.

(10) The Member causes any operational difficulty or technical difficulty to WARAYA or its business partners.

(11) The Member commits any act that disturbs the use of the Online Store by other Members.

(12) The Member is not at the legal age of majority and uses the Online Store without parental consent.

(13) There is any seizure, provisional seizure, compulsory execution, civil rehabilitation procedure and bankruptcy declared against or by the Member.

(14) The Member breaches any clause in the Membership Agreement or additional terms and conditions set forth by WARAYA.

(15) The Member conducts any prohibited act stipulated in clause 12 of the Membership Agreement.

(16) The Member fails to make a payment by the method instructed by WARAYA (WARAYA may request the Member to change the payment method based on its credit inquiry).

(17) WARAYA determines that the use of the Online Store by the Member is inappropriate.

(18) In any other case WARAYA determines that the Member is inappropriate.

4. WARAYA shall not be liable or make compensation for any damage arising out of any of the above measures taken against the Member.

3. (Sales Contract)

1. The contract is made when the Member submits a purchase request by the method set by WARAYA and WARAYA accepts a request.
2. The Member may revise or cancel any order request before an order is confirmed on the order confirmation page.
3. The Member should pay the purchased amount within the period of time fixed by WARAYA.
4. The Member may not transfer or mortgage any right given by the Sales Contract.
5. In the event that the Member fails to pay the purchased amount within the fixed period of time, WARAYA reserves the right to cancel the Sales Contract and send an Order Cancellation Notice to the email address provided by the Member.
6. WARAYA reserves the right to cancel the Sales Contract for any of the following reasons;

(1) The Member is not at the legal age of majority and purchases the product without parental consent.
(2) The Member has breached any clause in the Membership Agreement or additional terms and conditions set forth by WARAYA in the past.
(3) The information submitted to WARAYA for the Membership Registration contains false information, errors or any omission.
(4) The Member fails to pay WARAYA the proper amount owed.
(5) The Member fails to make a payment by a method instructed by WARAYA (WARAYA may request the Member to change the payment method based on its credit inquiry).
(6) The Member causes any disadvantage or loss to WARAYA, its business partners, any other third party and other members.
(7) The Member refuses delivery or returns the Product several times without any justifiable reasons.

(8) There is any insufficient inventory to fulfill a purchase request due to stock shortage in the point of origin, delay in the Product release, cancellation of the Product release or any other reasons.
(9) In any other case WARAYA deems inappropriate.

4. (Listed Price)

WARAYA tries its best to list an accurate price of each Product. In case there is any obvious error in a listed price or contents (e.g. sales terms) on the Online Store, WARAYA will adjust the price as follows:
(1) If an actual price is lower than a price listed, WARAYA will promptly notify the Member and issue a bill based on an actual price.
(2) If an actual price is higher than a price listed:

Before shipment-

WARAYA will notify the Member of an actual price and reconfirm the Member’s intention to purchase the Product at an actual price.

After shipment (no payment is made)-

WARAYA will notify the Member of an error and give a discount based on a difference between an actual price and a listed price.

After shipment (payment is already made i.e. overpayment)-

WARAYA will notify the Member of overpayment and refund the difference to the Member. Refund method will be advised by us.
(3) If WARAYA determines that an error is significant, regardless of the clause stipulated in (2) above, WARAYA reserves the right to cancel all or a part of the Sales Contract.

5. (Shipping)

1. The Product may only be shipped to addresses in Hong Kong. In addition, WARAYA does not ship any chilled or frozen Product to the certain areas in order to ensure the quality of the Product.
2. Unless otherwise stated on Product page, WARAYA does not open any package and/or collect packaging materials of the Product at the time of delivery.
3. The Member cannot change the shipping address unless he/she informs WARAYA of new address by a method prescribed by WARAYA.
4. When the Product is shipped out to the Member’s address, the responsibility and liability for the product are transferred to the shipping company. For matters regarding shipping, the terms and conditions of the shipping company shall be applied.
5. Any inventory information and the delivery information of some seasonal products shown on Product page are only for reference and do not guarantee the accuracy. The Member should be aware that there may be some difference between provided information on Product page and actual conditions of Products due to any reasons including the timing of orders, the update of the Online Store, the actual inventory level and any unexpected reasons.

6. (Delivery of Substitute Products)

It may become impossible to deliver the Product due to any changes in weather conditions or natural disasters and other unforeseeable accidents. In that case, WARAYA will propose substitute products to the Member. WARAYA will confirm with the Member before delivery if delivering substitute products to the Member.

7. (Shipping Charge)

Unless otherwise stated, WARAYA will bear all shipping fees and handling costs for any purchase exceeding the minimum order amount shown on the check-out page. In case of re-delivery due to absence of the Member on delivery date, the Member needs to bear any extra charge.

8. (Product Return)

1. The Product may only be returned if there is any of the following reasons. The shipping fees for Product return shall be borne by WARAYA. The Member shall apply for Product return within a day of Product arrival and the application shall be approved by WARAYA in order to return the Product which must be under unused condition and in an original package.

(1) There is any defect in a Product.
(2) A Product has been distorted, stained or damaged due to an accident during delivery.
(3) A Product delivered to the Member is different from the one that the Member orders due to WARAYA’s fault (It does not take into account the Member’s subjective wishes or expectations).

2. If any defect or damage appears after long-term storage at the shipper due to any reasons caused by the Member, e.g. absence of the Member on delivery date, WARAYA will not bear any responsibility.

9. (Password Management)

1. The Member is responsible for its password management.
2. The Member shall not share the password, any personal information associated with the account and any right to use WARAYA service requiring personal identification (including Membership Registration) with any third party. The Member also shall not let anyone use them or buy, sell, pawn, or transfer them to any third party.
3. The Member is responsible for the use of the Online Store once the Member’s account is logged in. Even when the account is used by any other person, the Member is still responsible for the use of the Online Store.
4. If there is any suspicion that the Member’s password has been leaked or used by a third party, the Member should notify WARAYA immediately and follow WARAYA’s instruction if it is given.
5. If the registered account is not used for a certain period of time and WARAYA cannot find any trace of the use of the Online Store, WARAYA reserves the right to suspend the password or membership. WARAYA may also delete the Member’s password without any permission from the Member. WARAYA will not be liable for any loss or damage whatsoever caused resulting from any of those measures taken.
6. The Member shall indemnify WARAYA or its business partners from any loss or damage caused resulting from the Member’s inappropriate management of the password.

10. (Change in Notified information)

1. If there is any change in information registered to WARAYA, the Member should notify WARAYA by a method prescribed by WARAYA without any delay.
2. WARAYA notifies the Member of necessary information by uploading the Online Store, distributing email to the Member or using any other method deemed suitable by WARAYA.
3. WARAYA distributes notifications using the contact information registered by the Member. Notifications shall be deemed valid at the time of distribution. WARAYA shall not be liable for any loss or damage resulting from the Member’s neglect to update its registered information.

11. (Information Provision)

The Member accepts that advertisement including banner advertisement may be provided to every content such as the Web and email. The Member also accepts that WARAYA may distribute information about its Products by email, fax or postal mail to the Member.

12. (Prohibited Acts)

1. When the Member uses any service provided by WARAYA, it is prohibited to commit any of the following actions;

(1) To interfere with the Online Store operation and/or WARAYA administration (including frequent returns of the Product without any justifiable reasons. Clause 8.1 becomes invalid in this case).

(2) To take any acts stipulated in clause 4 of the Terms of Use or violate the Membership Agreement or additional terms and conditions set forth by WARAYA.

2. In case any act stipulated above is taken by the Member and causes any damage to WARAYA, WARAYA reserves the right to claim compensation, against the Member, for damage incurred including personnel expenses, legal fees and any other expenses.

13. (Disclaimer)

1. Any information contained in the Online Store is for general information purposes only and provided by WARAYA while endeavoring to keep the information up to date and correct. WARAYA makes no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the Online Store or the information, products, services, or related graphics contained in the Online Store for any purposes. Any reliance that the Member may place on such information is therefore strictly at the Member’s own risk.

2. WARAYA does not guarantee the quality or performance of the Online Store. WARAYA will not be liable for any data loss or lost profits arising out of, or in connection with any suspension, cancellation or defect of the Online Store.
3. If any latent defect in a Product causes any damage to the Member, or if the Member incurs any damage due to any reasons attributable to WARAYA, WARAYA shall indemnify the Member for a direct damage up to a ceiling of the Member’s purchased amount.
4. It is the Member’s responsibility to take all protective measures to guard against computer viruses or other destructive elements. WARAYA is not liable for any loss or damage caused by computer viruses or other destructive elements.
5.  WARAYA does not provide any guarantee to ensure operation of software or devices when the Member uses the Online Store.
6. The use of the Online Store is at the Member’s sole risk and the Member takes full responsibility for any cost associated with the use of the Online Store.

7. WARAYA is not liable for any damage of any kind related to the use of the Online Store.
8. WARAYA is not responsible for any damage or loss, 1) caused by the Member to any third party 2) caused by any third party to the Member, related to the use of the Online Store (including the case the Member suffers any loss or damage caused by a third party collecting personal information by some kind of method for improper purposes). Any dispute shall be settled between the Member and a third party and WARAYA is not responsible for this kind of dispute.

9. This clause stipulates all the responsibilities of WARAYA to the Member. WARAYA, in any case, is not liable for any loss or damage, including without limitation, indirect or consequential loss or damage such as the Member’s lost profit, legal fees and any other loss.

14. (Interruption or Suspension of Service)

1. WARAYA reserves the right to interrupt or suspend the Member’s access to the Online Store and service, without any prior notice to the Member and any permission from the Member, for any of the following reasons;
(1) If the Online Store is under inspection, renewal and any other maintenance.
(2) If there is a fire, power outage, natural disaster, war, riot, turmoil, strikes, labor negotiations or any related event.
(3) If there is any system trouble or technical difficulty to provide the service.
(4) If there is any service outage of telecommunications carrier.
(5) If there is any other technical difficulty or operational difficulty equivalent to above two clauses.
(6) If WARAYA determines that it is necessary to suspend or terminate the service.

2. WARAYA is hereby not liable for any loss or damage whatsoever caused resulting from any interruption or suspension of the service.

15. (Change or Termination of Service)

WARAYA, at any time, may change or terminate all or part of the service without any prior notice to the Member or any permission from the Member. WARAYA is not liable for any disadvantage or loss caused by change or termination of the service.

16. (Amendment)

1. WARAYA reserves the right to change or amend the Membership Agreement at any time without any prior notice to the Member or any permission from the Member. When any amendment is made to the Membership Agreement, it will be reflected on the Online Store and become effective immediately.
2. WARAYA reserves the right to repeal the Membership Agreement at any time without any prior notice to the Member or any permission from the Member. WARAYA will not be liable for any loss or damage whatsoever caused resulting from repeal of the Membership Agreement.

17. (Discrepancy)

The Membership Agreement is prepared in English, Chinese and Japanese. In case of any discrepancy among the English, Chinese and Japanese versions of the Membership Agreement, the English version shall prevail.

18. (Governing Law and Jurisdiction)

1. The Membership Agreement complies with Hong Kong Law.
2. In the event of any dispute arising out of or in connection with the Membership Agreement, the dispute shall be resolved by the Hong Kong Summary Court or the Hong Kong District Court.

Enacted in Jan 1, 2018