Terms of service
Overview
Welcome to Bauport! The term "we" refers to Bauport. Bauport operates this store and website, including all related information, content, features, tools, products and order services, in order to provide you, the customer, with a curated shopping experience (the "Services"). Bauport is powered by Shopify, which enables us to provide the Services to you.
The following terms and conditions, together with any policies referenced herein (the "Terms of Service" or "Terms"), describe your rights and responsibilities when you use the Services.
Please read these Terms of Service carefully, as they contain important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability.
By visiting, using or otherwise accessing our Services, you agree to be bound by these Terms of Service and our Privacy Policy [link]. If you do not agree to these Terms of Service or our Privacy Policy, please do not use or access our Services.
Section 1 - Access and Accounts
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, and that you consent to allow any of your minor dependents to use the Services on any device that you own, purchase, or manage.
In order to use the Services, including to access or browse our online store or to make a purchase from our online store,
for products and services we offer, you may be asked to provide certain information, such as your email address, billing, payment and shipping information. You represent and warrant that all information you provide to our store is accurate, current and complete, and that you have all rights necessary to provide this information.
You are solely responsible for maintaining the security of your account credentials and for all activity that occurs under your account. You may not transfer, sell, assign or license your account to any other person.
Section 2 - Our Products
We make every effort to accurately represent the products and services in our online store. However, please be aware that colors and the appearance of products may differ from how they appear on your screen, depending on the type of device you use to access the store and your device settings.
We do not guarantee that the appearance or quality of any product or service you purchase will meet your expectations or be the same as depicted or presented in our online store.
All descriptions of products are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time, and we may limit the quantities of any products that we offer to any person, geographic region or jurisdiction on a case-by-case basis.
Section 3 - Orders
When you place an order, you are making an offer to purchase. Bauport reserves the right to accept or decline your order for any reason at our sole discretion. Your order is not accepted until Bauport confirms acceptance. We must receive and process your payment before your order is accepted. Because Bauport may not be able to accommodate cancellation requests after an order has been accepted, please review your order carefully before submitting it. If we do not accept, or if we change or cancel your order, we will attempt to notify you by contacting the email, billing address and/or phone number provided at the time the order was placed.
Purchases are eligible for return or exchange only in accordance with our Refund Policy [link].
You represent and warrant that the products you purchase are for your own personal or household use and are not for commercial resale or export.
Section 4 - Prices and Billing
Prices, discounts and promotions are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Unless otherwise stated, posted prices do not include taxes, shipping, handling, duties or import fees.
Prices posted on our online store may differ from prices offered in physical stores, online stores or other stores operated by third parties. We may from time to time offer promotions relating to the Services that may affect pricing and that are governed by terms and conditions separate from these Terms. If there is a conflict between the terms of a promotion and these Terms, the terms of the promotion will control.
You agree to provide current, complete and accurate purchase, payment and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address, credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
You represent and warrant that (i) the credit card information you supply is true, correct and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including all applicable shipping charges, fees and taxes, if any.
Section 5 - Shipping and Delivery
We are not liable for shipping and delivery delays. All delivery times are estimates and are not guaranteed. We are not responsible for delays caused by carriers, customs clearance, or events beyond our control. Title and risk of loss pass to you once we transfer the products to the carrier.
Section 6 - Intellectual Property
Our Services, including but not limited to all trademarks, brands, text, displays, images, graphics, product reviews, video and audio, and the design, selection and arrangement thereof, are owned by Bauport, its affiliates or its licensors and are protected by United States and international patent, copyright and other intellectual property laws.
These Terms permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Services without our prior written consent. Except as expressly provided in these Terms, no part of these Terms grants, and nothing in these Terms shall be construed to grant, any license or other right under any patent, trademark, copyright or other intellectual property of Bauport, Shopify or any third party. Any unauthorized use of the Services may violate federal and state intellectual property laws. All rights not expressly granted herein are reserved by Bauport.
The Bauport name, logo, product names, service names, designs and slogans are trademarks of Bauport or its affiliates or licensors. You must not use such trademarks without the prior written permission of Bauport. The Shopify name, logo, product names, service names, designs and slogans are trademarks of Shopify. All other names, logos, product names, service names, designs and slogans on the Services are the trademarks of their respective owners.
Section 7 - Optional Tools
You may be provided with access to third-party tools as part of the Services which we neither monitor nor have any control or input over.
You acknowledge and agree that any such tools are provided "as is" and "as available" without any warranties, representations, conditions or endorsements of any kind. Further, we shall have no liability whatsoever arising from or relating to your use of any optional third-party tools.
Any use by you of the optional tools offered through this site is entirely at your own risk and discretion, and you should ensure that you are familiar with and agree to the terms on which such tools are provided by the relevant third-party provider.
We may also, in the future, offer new features through the Services, including the release of new tools and resources. Any such new features shall also be considered part of the Services and shall be subject to these Terms of Service.
Section 8 - Links to Third Parties
The Services may contain material and hyperlinks to websites provided or operated by third parties, including embedded third-party features. We are not responsible for examining or evaluating the content or accuracy of any third-party material or website that you choose to access. If you leave the Services to access such material or third-party sites, you do so at your own risk.
We are not liable for any harm or damages related to accessing any third-party website, or to the purchase or use of any products, services, resources or content on any third-party website. Please review carefully the third party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns or questions regarding third-party products and services should be directed to the third party.
Section 9 - Relationship with Shopify
[Note to merchant: this section accurately represents the relationship between Shopify and your store and should not be deleted or modified.]
Bauport is powered by Shopify, which enables us to provide the Services to you. However, sales and purchases made in our store are made directly by Bauport. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of the sale between you and Bauport, including any injury, damage or loss arising from the products and services purchased. You hereby expressly release Shopify and its affiliates from any and all claims, damages and liabilities arising out of or relating to your purchases and transactions with Bauport.
Section 10 - Privacy Policy
Any personal information we obtain through the Services is subject to our Privacy Policy, available here [link], and certain personal information may be subject to Shopify's privacy policy, available here. By using the Services, you are deemed to have read our Privacy Policy.
Because the Services are hosted by Shopify, Shopify collects and processes personal information about your access to and use of the Services in order to provide and improve the Services for you. Information you submit to the Services will be transmitted to and shared with Shopify as well as third parties that may be located in countries other than where you reside, in order to provide the Services to you. To learn more about how we, Shopify and our partners use your personal information, please see our Privacy Policy [link].
Section 11 - Feedback
If you send, upload, post, email or otherwise transmit any ideas, suggestions, feedback, reviews, proposals, plans or other content (collectively, "Feedback"), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute and display such Feedback in any medium and for any purpose, including commercial use. For example, we may use the rights under this license to operate, provide, evaluate, enhance, improve and promote the Services, and to perform our obligations and exercise our rights under these Terms of Service.
You further represent and warrant that (i) you own or otherwise have all necessary rights to all Feedback, (ii) you have disclosed any compensation or incentive received in connection with your submission of the Feedback, and (iii) your Feedback complies with these Terms. We are under no obligation to (1) maintain any Feedback in confidence, (2) pay compensation for any Feedback, or (3) respond to any Feedback.
We may, but have no obligation to, monitor, edit or remove any Feedback that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable, or that violates any party's intellectual property or these Terms of Service.
You agree that your Feedback will not violate any right of any third party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your Feedback will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Services or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any Feedback. You are solely responsible for any Feedback you make and its accuracy. We take no responsibility and assume no liability for any Feedback posted by you or any third party.
Section 12 - Errors, Inaccuracies and Omissions
Occasionally there may be information on or within the Services that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information is inaccurate at any time without prior notice, including after you have submitted your order.
Section 13 - Prohibited Uses
You may access and use the Services only for lawful purposes. You may not, directly or indirectly, access or use the Services: (a) for any unlawful or malicious purpose; (b) to violate any international, federal, provincial, state or local regulations, rules, laws or ordinances; (c) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate or discriminate against our employees or any other person; (e) to submit false or misleading information; (f) to transmit, knowingly receive, upload, download, use or re-use any material that does not comply with these Terms; (g) to transmit, or procure the sending of, any advertising or promotional material, including any "junk mail," "chain letter," "spam" or any other similar solicitation; (h) to impersonate or attempt to impersonate any other person or entity; or (i) to engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which, as determined by us, may harm or expose Bauport, Shopify or users of the Services to liability.
In addition, you agree not to: (a) upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Services; (b) reproduce, duplicate, copy, extract, sell, resell or exploit any portion of the Services; (c) track the personal information of others; (d) spam, phish, defraud or pretext the Services; (e) use any robot, spider, scraping, data harvesting and extraction tools, automated device or process, AI tools (such as agentic AI), or any automated or manual means to access the Services; or (f) interfere with, circumvent or bypass any security or authorization features, robot exclusion headers, or other measures we employ to restrict access to the Services. We reserve the right to suspend, disable or terminate your account at any time and without notice if we determine that you have violated any part of these Terms.
Section 14 - Agents
14.1 This section (the "Agent Terms") applies if you use, permit, enable or deploy an agent to access, use or interact with the Services. "Agent" means software or a service that can perform autonomous or semi-autonomous actions on behalf of, or at the direction of, an individual or entity, without direct supervision, on behalf of that individual or entity or using that entity's devices.
14.2 Agents may not access, use or interact with the Services unless they identify themselves at all times and operate in strict compliance with the requirements of Section 14.4 below. In addition, an Agent may not access, use or interact with the Services if we have requested that the Agent refrain from accessing, using or interacting with any of the Services.
14.3 We may restrict whether and how Agents access, use and interact with the Services, including by technical means.
14.4 An Agent must: (i) disclose the name of the Agent in every HTTP/HTTPS request by identifying that the request comes from an Agent and including the following user agent string in the request: "Agent/[agent name]"; (ii) not conceal or obfuscate that the access, use or interaction comes from an Agent, including by (a) mimicking human behavior or interaction patterns, or (b) completing or circumventing CAPTCHAs or other measures intended to distinguish computer use from human use; (iii) respond truthfully to any question or prompt that seeks to determine whether an interaction comes from a human or a computer; and (iv) not circumvent or bypass any measures intended to block, restrict, modify or control whether and how Agents access, use or interact with the Services.
Section 15 - Termination
We may terminate this agreement or your access to the Services (or any part thereof) at any time and without notice, at our sole discretion. In such a case, you will remain liable for all amounts due up to and including the date of termination.
The following sections survive termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver, Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions that by their nature should survive.
Section 16 - Disclaimer of Warranties
The information presented on or through the Services is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability arising from any reliance placed on such materials by you, any other visitor to the Services, or by anyone who may be informed of any of its contents.
Except as expressly stated by Bauport, the Services and all products offered through the Services are provided to you "as is" and "as available," without any representations, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title and non-infringement. We do not warrant, represent or guarantee that your use of the Services will be uninterrupted, timely, secure or error-free. Some jurisdictions do not allow limitations or exclusions of implied or other warranties, so the above disclaimers may not apply to you.
Section 17 - Limitation of Liability
To the maximum extent permitted by law, in no case shall Bauport, our partners, directors, officers, employees, affiliates, agents, contractors, service providers or licensors, or Shopify and its affiliates, be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special or consequential damages of any kind, including, without limitation, lost profits, lost revenue, lost savings, loss of data, replacement costs or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of the Services or any products procured using the Services, or for any other claim related in any way to your use of the Services 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 the use of the Services or any content (or product) posted, transmitted or otherwise made available via the Services, even if advised of their possibility.
Section 18 - Indemnification
You agree to indemnify, defend and hold harmless Bauport, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors and service providers from and against any losses, damages, liabilities or claims, including reasonable attorneys' fees payable to any third party, arising out of or relating to (1) your breach of these Terms of Service or the documents they incorporate by reference, (2) your violation of any law or the rights of a third party, or (3) your access to and use of the Services.
We will notify you of any claim subject to indemnification, but a failure to notify you promptly will not relieve you of your obligations unless you are materially prejudiced. We may control the defense and settlement of any such claim at your expense, including the choice of counsel, but we will not settle any claim requiring a non-monetary obligation from you without your consent, which will not be unreasonably withheld. You will cooperate in the defense of any indemnified claim, including by providing relevant documents.
Section 19 - 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 to be severed from these Terms of Service; such determination shall not affect the validity and enforceability of any other remaining provisions.
Section 20 - Waiver; Entire Agreement
Our failure 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 and any policies or operating rules posted by us on this site or in respect of the Services constitute the entire agreement and understanding between you and us and govern your use of the Services, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us, including, but not limited to, any prior versions of these Terms of Service.
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
Section 21 - Assignment
You may not delegate, transfer or assign this agreement or any of your rights or obligations under these Terms without our prior written consent, and any attempt to do so will be void. We may transfer, assign or delegate these Terms and our rights and obligations without your consent or notice to you.
Section 22 - Governing Law
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 federal, state or provincial courts of the jurisdiction in which Bauport maintains its headquarters. You and Bauport consent to the venue and personal jurisdiction of such courts.
Section 23 - Headings
The headings used in these Terms are included for convenience only and will not limit or otherwise affect the scope of these Terms of Service.
Section 24 - Changes to the Terms of Service
You can review the most current version of these Terms of Service at any time on this page.
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. We will notify you of any material changes to these Terms in accordance with applicable law, and such changes will take effect on the date specified in the notice. Your continued use of or access to the Services following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
Section 25 - Contact Information
Questions about the Terms of Service should be sent to info@bauport.shop.
Our contact information is posted below.
COCOA Inc.
Chuko Building 307, 1-9-4 Shinjuku, Shinjuku-ku, Tokyo 160-0022, Japan
TEL: Please contact us by email (we will disclose it without delay upon request)
Email: info@bauport.shop
