Terms and conditions of sale

This website is operated by Katana Sword. Throughout the site, the terms "we", "us" and "our" refer to Katana Sword. Katana Sword 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 this site and/or purchasing any of our products, you are engaging in our "Service" and agree to be bound by the following terms and conditions ("Terms and Conditions", "Terms and Conditions of Sale and Use", "Terms"), including any additional terms, conditions and policies referenced herein and/or hyperlinked thereto. These Terms and Conditions apply to all users of this site, including, but not limited to, users who browse the site, are sellers, customers, merchants, and/or content contributors.

Please read these Terms and Conditions of Sale and Use carefully before accessing or using our website. By accessing or using any part of this site, you agree to be bound by these Terms and Conditions. If you do not agree to all of the terms and conditions of this agreement, then you must not access the website or use any of the services offered on it. If these Terms and Conditions are considered an offer, acceptance is expressly limited to these Terms and Conditions.

All new features and tools added to this store in the future will also be subject to these General Terms and Conditions of Sale and Use. You can consult the most recent version of the General Terms and Conditions of Sale and Use at any time on this page. We reserve the right to update, change or replace any part of these Terms and Conditions of Sale and Use by posting updates and/or modifications on our website. It is your responsibility to check this page regularly for changes. Your continued use of or access to the website following the posting of any changes constitutes your acceptance of those changes.

Our store is hosted on WordPress. They provide us with the e-commerce platform that enables us to sell our products and services to you.

ARTICLE 1 - TERMS OF USE OF OUR ONLINE STORE

By accepting these Terms and Conditions of Sale and Use, you represent that you have reached the age of majority in your country, state or province of residence, and that you have given us your consent to allow any minor in your care to use this website.

The use of our products for any illegal or unauthorized purpose is prohibited, nor may you, in the course of using the Service, violate the laws of your jurisdiction (including but not limited to copyright laws).

You may not transmit any worms, viruses or other code of a destructive nature.

Any breach or violation of these Terms and Conditions will result in immediate termination of your Services.

ARTICLE 2 - GENERAL CONDITIONS

We reserve the right to refuse access to the Services to any person at any time, for any reason whatsoever.

You understand that your content (excluding your credit card information) may be transferred unencrypted, and this implies (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements for connecting networks or devices. Credit card information is always encrypted during transmission over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any part of the Service or use of the Service, or any access to the Service or contact on the website, through which the Service is provided, without our prior express written permission.

The headings used in this agreement are included for your convenience, and will not limit or affect these Terms.

ARTICLE 3 - SMS MARKETING TERMS OF USE

By consenting to SMS marketing from Katana Sword at checkout and by initializing a purchase or subscribing via our subscription tools, you agree to receive recurring SMS notifications (for your order, including abandoned payment reminders), SMS marketing offers and transactional SMS messages, including review requests from us, even if your cell phone number is registered on a national or federal do-not-call list. The frequency of messages varies. Consent is not a condition of purchase.

If you wish to unsubscribe from receiving SMS marketing messages and notifications, reply with STOP to any mobile message sent by us or use the unsubscribe link we have provided in any of our messages. You understand and agree that alternative methods of removal, such as using alternative words or requests, will not be considered a reasonable means of removal. We do not charge for the service, but you are responsible for all fees and charges associated with text messaging imposed by your wireless carrier. Message and data rates may apply.

If you have any questions, please text HELP to the number from which you received the messages. You can also contact us at katana.sword.com.au@gmail.com for further information.

We have the right to change any telephone number or short code we use to operate the service at any time. You will be notified on these occasions. You agree that any messages you send to a telephone number or short code that we have changed, including requests for STOP or HELP, will not be received, and we will not be obligated to honor any requests made in such messages.

To the extent permitted by applicable law, you agree that we will not be responsible for the failed, delayed or misdirected delivery of any information sent via the service, for any errors in such information and/or for any action you may or may not take in reliance on the information or the service.

ARTICLE 4 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if the information available on this site is not accurate, complete or up-to-date. The content of this site is provided for information purposes only and should not be relied upon as your sole source of information for making decisions without first consulting more accurate, complete and up-to-date sources of information. If you decide to rely on the content presented on this site, you do so at your own risk.

This site may contain certain prior information. Such prior information, by its nature, is not current and is provided for information purposes only. We reserve the right to change the content of this site at any time, but we are under no obligation to update the information on our site. You agree that it is your responsibility to monitor changes to our site.

ARTICLE 5 - CHANGES TO SERVICE AND PRICES

The prices of 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 of the Service) without notice and at any time.

We will not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

ARTICLE 6 - PRODUCTS OR SERVICES (if applicable)

Certain products or services may be available exclusively online on our website. These products or services may be available in limited quantities and may only be returned or exchanged in accordance with our Returns Policy.

We have done our best to display as clearly as possible the colors and images of our products that appear on our store. We cannot guarantee that your computer screen will display colors accurately.

We reserve the right, but are not obliged, to restrict sales of our products or services to any person, and in any geographical area or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any product or service we offer. All product descriptions and prices are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer of service or product made on this site is void where prohibited by law.

We do not warrant that the quality of any products, services, information, or other merchandise obtained or purchased by you will meet your expectations, or that any errors in the Service will be corrected.

ARTICLE 7 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, reduce or cancel quantities purchased per person, per household or per order. Such restrictions may include orders placed by or from the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we change or cancel an order, we may attempt to notify you by contacting you at the e-mail and/or billing address/phone number provided at the time the order was placed. We reserve the right to limit or prohibit orders that, in our sole judgment, may appear to be from merchants, resellers or distributors.

You agree to provide current, complete and accurate order and account information for all orders placed through our store. You agree to promptly update your account and other information, including your e-mail address, credit card numbers and expiration dates, so that we may complete your transactions and contact you if necessary.

For more details, please consult our Return Policy.

ARTICLE 8 - OPTIONAL TOOLS

We may provide you with access to third-party tools over which we have no control or influence.

You acknowledge and agree that we provide access to such tools on an "as is" and "as available" basis, without any warranties, representations or conditions of any kind and without any endorsement. We will have no legal liability arising from or related to the use of these optional third-party tools.

If you use any of the optional tools offered on the Site, you do so at your own risk and discretion, and you should consult the terms and conditions under which such tools are offered by the relevant third party provider(s).

We may also, in the future, offer new services and/or features on our site (including new tools and resources). These new features and services will also be subject to these Terms and Conditions.

ARTICLE 9 - THIRD-PARTY LINKS

Certain content, products and services available through our Service may include elements from third parties.

Third-party links on this site may redirect you to third-party websites that are not affiliated with us. We are not required to review or evaluate the content or accuracy of these sites, and we do not warrant or assume any responsibility for any content, website, products, services or other items accessible on or from such third-party sites.

We are not responsible for any harm or damage related to the purchase or use of any goods, services, resources, content, or any other transactions conducted in connection with such third-party websites. Please read the policies and practices of third parties carefully and make sure you understand them before engaging in any transaction. Complaints, claims, concerns, or questions regarding the products of these third parties should be submitted to these same third parties.

ARTICLE 10 - USER COMMENTS, SUGGESTIONS AND OTHER PROPOSALS

If, at our request, you submit specific content (for example, to enter contests), or if without our request, you send creative ideas, suggestions, proposals, plans or other materials, whether online, by e-mail, by mail, or otherwise (collectively, "Comments"), you grant us the right, at any time, and without restriction, to edit, copy, publish, distribute, translate and otherwise use in any media any Comments you send to us. We are not and shall not be obligated to (1) maintain the confidentiality of any Comments; (2) pay any compensation to anyone for any Comments provided; or (3) respond to any Comments.

We may, but have no obligation to, monitor, edit or remove content that we believe, in our sole discretion, is unlawful, offensive, threatening, abusive, defamatory, pornographic, obscene or otherwise objectionable, or that infringes any intellectual property or these Terms and Conditions.

You agree to write comments that do not violate the rights of third parties, including copyrights, trademarks, privacy, personality, or other personal or proprietary rights. You also agree that your Comments will not contain any unlawful, libelous, defamatory, offensive or obscene material, nor will your Comments contain any computer virus or other malicious software that could in any way affect the operation of the Service or any associated web site. You may not use a false e-mail address, pretend to be someone you are not, or attempt to mislead us and/or third parties as to the origin of your comments. You are entirely responsible for all comments you post and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third party.

ARTICLE 11 - PERSONAL INFORMATION

The submission of your personal information to our store is governed by our Privacy Policy. You will find this policy on the "Legal Notice" page.

ARTICLE 12 - ERRORS, INACCURACIES AND OMISSIONS

From time to time there may be information on our site or in the Service that may contain typographical errors, inaccuracies or omissions which may relate to product descriptions, prices, promotions, offers, product shipping charges, delivery times and availability. We reserve the right to correct any errors, inaccuracies, omissions, and to change or update information or cancel orders, if any information on the Service or any associated website is inaccurate, at any time without notice (including after you have placed your order).

We are under no obligation to update, modify or clarify any information on the Service or any associated website, including but not limited to pricing information, except as required by law. No defined update or refresh date in the Service or on any associated website should be relied upon to conclude that the information in the Service or on any associated website has been changed or updated.

ARTICLE 13 - PROHIBITED USES

In addition to the prohibitions set forth in the General Terms and Conditions of Sale and Use, you are prohibited from using the Site or its content: (a) for illegal purposes; (b) to incite others to perform or take part in illegal acts; (c) to violate any regional ordinance or any international, federal, provincial or state law, rule or regulation; (d) to infringe or violate our intellectual property rights or those of third parties; (e) to harass, abuse, insult, hurt, slander, libel, disparage, intimidate or discriminate against anyone on the basis of gender, sexual orientation, religion, ethnic origin, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used to compromise the functionality or operation of the Service or any associated or independent web site or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, hijack, extort information from, browse, explore or scan the World Wide Web (or any other resource); (j) for obscene or immoral purposes; or (k) to interfere with or circumvent security measures of our Service, any other web site, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating the prohibited uses.

ARTICLE 14 - EXCLUSION OF WARRANTIES AND LIMITATION OF LIABILITY

We do not warrant or represent that your use of our Service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained through the use of the Service will be accurate or reliable.

You agree that from time to time we may discontinue the Service for indefinite periods of time or cancel the Service at any time without notice to you.

You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and services provided to you through the Service are (unless otherwise expressly stated by us) provided on an "as is" and "as available" basis for your use, without representations, warranties or conditions of any kind, either express or implied, including all implied warranties of merchantability or merchantable quality, fitness for a particular purpose, durability, title and non-infringement.

In no event shall Katana Sword, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers and licensors be liable for any injury, loss, claim, or direct, indirect, incidental, punitive, special, or consequential damages of any kind, including but not limited to loss of profits, revenue, savings, data, replacement costs or any similar damages, whether in contract, tort (even negligence), in contract, tort (including negligence), strict liability or otherwise, arising out of your use of any service or product provided through the Service, or for any other claims relating in any way to your use of the Service 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 your use of the Service or any content (or product) posted, transmitted, or otherwise made available through the Service, even if you have been advised of the possibility of such claims. Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, our liability will be limited to the maximum extent permitted by law.

ARTICLE 15 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless Katana Sword, our parent company, 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 due to or arising out of your breach of these Terms and Conditions or the documents they reference, or your violation of any law or the rights of a third party.

ARTICLE 16 - SEVERABILITY

In the event that any provision of these General Terms and Conditions of Sale and Use shall be held to be illegal, void or unenforceable, such provision shall nonetheless be enforced to the fullest extent permitted by law, and the unenforceable portion shall be deemed to be severed from these General Terms and Conditions of Sale and Use, such severance not to affect the validity and enforceability of any remaining provisions.

ARTICLE 17 - TERMINATION

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

These General Terms and Conditions of Sale and Use are effective unless and until terminated by either you or not. You may terminate these Terms and Conditions at any time by notifying us that you no longer wish to use our Services, or when you cease to use our site.

If we determine, in our sole discretion, that you are unsuccessful, or if we suspect that you have been unable to comply with the terms of these Terms and Conditions of Sale and Use, we may also terminate this agreement at any time without notice to you and you will remain liable for all amounts owing up to and including the date of termination, and/or we may deny you access to our Services (or any part thereof).

ARTICLE 18 - ENTIRE AGREEMENT

Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision.

These Terms and Conditions or any other policies or operating rules published by us on this site or in connection with the Service constitute the entire understanding and agreement between you and us and govern your use of the Service, and supersede all prior or contemporaneous communications, proposals and agreements, oral or written, between you and us (including, but not limited to, any prior version of the Terms and Conditions).

Any ambiguity as to the interpretation of these General Terms and Conditions of Sale and Use shall not be construed to the detriment of the drafting party.

ARTICLE 19 - APPLICABLE LAW

These General Terms and Conditions of Sale and Use, as well as any separate agreement through which we provide you with Services, shall be governed by and construed in accordance with applicable law.

ARTICLE 20 - MODIFICATIONS TO THE GENERAL TERMS AND CONDITIONS OF SALE AND USE

You may consult the most recent version of the General Terms and Conditions of Sale and Use at any time on this page.

We reserve the right, at our sole discretion, to update, modify or replace any part of these Terms and Conditions of Sale and Use by posting updates and changes on our site. It is your responsibility to visit our site periodically to check for changes. Your continued use of or access to our site following the posting of any changes to these Terms and Conditions constitutes acceptance of such changes.

ARTICLE 21 - CONTACT DETAILS

You can contact us for any type of request at the following address: katana.sword.com.au@gmail.com