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TERMS & CONDITIONS
CONDITIONS OF USE
Welcome to Kotobuki Trading Company. Kotobuki Trading Company and its affiliates provide their services to you subject to the following conditions, sometimes called “terms and conditions”. If you visit or shop at Kotobuki Trading Company, you accept these conditions. Please read them carefully. In addition, when you use any current or future Kotobuki Trading Company service or visit or purchase from any business affiliated with Kotobuki Trading Company, whether or not included in the Kotobuki Trading Company Web site, you also will be subject to the guidelines and conditions applicable to such service or business. If these Terms and Conditions are not accepted in full, the use of this site must be terminated immediately.
INACCURATE INFORMATION,
ERRORS AND OMISSIONS
Some information on Kotobuki Trading Company Web site may contain typographical errors or other inaccuracies, or may be incomplete or not current. Unfortunately, such inaccurate information may relate directly to the price of a product, the description of a product or to its availability. We reserve the right to correct all such mistakes at any time without notice, even after an order was placed based on inaccurate information. We apologize in advance for any inconvenience or misunderstanding such errors might cause you.
ELECTRONIC COMMUNICATIONS
When you visit Kotobuki Trading Company or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
ACCEPTANCE OF TERMS
Use of this site constitutes your acceptance of these terms and conditions that take effect on the date you first use the site. Kotobuki Trading reserves the right to change these terms and conditions at any time by posting changes online. You are responsible for reviewing regularly information posted online to obtain timely notice of such changes. Your continued use of this site after changes are posted constitutes your acceptance of this agreement as modified by the posted changes.
LIMITED USE OF MATERIALS
Material may not be copied, reproduced, republished, downloaded, posted, broadcast or transmitted in any way except for your own personal non-commercial home use. Any other use requires the prior written permission of Kotobuki Trading Company. You agree not to adapt, alter or create a derivative work from any of the material contained in this site or use it for any other purpose other than for your personal non-commercial use. You agree to use this site only for lawful purposes, and in a manner which does not infringe the rights of, or restrict or inhibit the use and enjoyment of this site by any third party. Such restriction or inhibition includes, without limitation, conduct which is unlawful, or which may harass or cause distress or inconvenience to any person and the transmission of obscene or offensive content or disruption of normal flow of dialogue within this site.
LICENSE AND SITE ACCESS
Kotobuki Trading Company grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Kotobuki Trading Company. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Kotobuki Trading Company. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Kotobuki Trading Company and our affiliates without express written consent. You may not use any meta tags or any other "hidden text" utilizing Kotobuki Trading Company's name or trademarks without the express written consent of Kotobuki Trading Company. Any unauthorized use terminates the permission or license granted by Kotobuki Trading Company.
DISCLAIMER OF WARRANTIES
AND LIMITATION OF LIABILITY
Kotobuki Trading Company accepts no liability for any inaccuracies or omissions in their web site and any decisions based on information contained in this web site are the sole responsibility of the visitor. Kotobuki Trading Company accepts no liability for any direct, special, indirect, or consequential damages, or any other damages of whatsoever kind, resulting from whatever cause through the use of any information obtained either directly or indirectly from this web site.
This site and the information, names, images, pictures, logos and icons regarding or relating to Kotobuki Trading Company, its products and services (or to third party products and services), is provided "AS IS" and on an "IS AVAILABLE" basis without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy. In no event will Kotobuki Trading Company be liable for any damages including, without limitation, indirect or consequential damages, or any damages whatsoever arising from use or loss of use, data, or profits, whether in action of contract, negligence or other tortuous action, arising out of or in connection with the use of the site.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

Kotobuki Trading Company does not warrant that the functions contained in the material contained in this site will be uninterrupted or error free, that defects will be corrected, or that this site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the materials. The names, images and logos identifying Kotobuki Trading Company and their products and services are proprietary marks of Kotobuki Trading Company. Nothing contained herein shall be construed as conferring by implication or otherwise any license or right under any trade mark or patent of Kotobuki Trading Company, or any other third party.
YOUR ACCOUNT
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Kotobuki Trading Company does sell products for children, but it sells them to adults, who can purchase with a credit card. If you are under 18, you may use Kotobuki Trading Company only with involvement of a parent or guardian. Kotobuki Trading Company and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
RISK OF LOSS

All items purchased from Kotobuki Trading Company are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

PRODUCT DESCRIPTIONS
Kotobuki Trading Company and its affiliates attempt to be as accurate as possible. However, Kotobuki Trading Company does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by Kotobuki Trading Company itself is not as described, your sole remedy is to return it in unused condition.
 
VISITOR INFORMATION
Any visitor to the Web site providing information to Kotobuki Trading Company agrees that Kotobuki Trading Company has unlimited rights to such information as provided and that Kotobuki Trading Company may use such information in any way we may choose. Such information as provided by the visitor shall be non-confidential.
 
CONFLICT IN TERMS
If there is any conflict between these Terms and Conditions and rules and/or specific terms of use appearing on this site relating to specific material then the latter shall prevail.
 
SEVERABILITY OF PROVISIONS
If any of these Terms and Conditions should be determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these Terms and Conditions are intended to be effective, then to the extent and within the jurisdiction which these Terms and Conditions is illegal, invalid or unenforceable, it shall be severed and deleted from this clause and the remaining terms and conditions shall survive, remain in full force and effect and continue to be binding and enforceable.
 
CHOICE OF LAW AND JURISDICTION
These Terms and Conditions shall be governed by and construed in accordance with the laws of California including California’s choice of law provisions. Disputes arising here from shall be exclusively subject to the jurisdiction of the courts of California.
 
PROP.65 DISCLOSURE (Draft  7/16/09)

Kotobuki Trading Company (Kotobuki)  purchases products from shippers, wholesalers, and makers in Japan.  The shippers purchase products from manufacturers and ship them to Kotobuki.  The manufacturers are located in the various Prefectures throughout Japan.   Kotobuki has limited contact with the manufacturers.  Kotobuki is familiar with the requirements of California Proposition 65 and appropriate Federal Law requirements for sale of all merchandise which it imports into the United States from its Shipping Agents in Japan. Japanese manufacturers are required to meet the Japan Food Sanitation Act. Kotobuki has entered into the Boelter Settlement. Kotobuki has reviewed the Boelter Settlement with Gifu Prefectural Ceramics Research Institute of Gifu Prefecture.  The Gifu Prefecture is one of the principal location from which Kotobuki’s Shipping Agents purchase products for Kotobuki. Kotobuki has retained James Embree, Phd. DABT, Vice President and Principal Toxicologist, AMEC Geomatrix to advise it on the appropriate testing procedure that is required to demonstrate that any imported  Japanese products are in compliance with the Japan Food Sanitation Act, California Proposition 65, the Consumer Product Safety Improvement Act and the U.S. Food and Drug Act and the differences between the Japanese standards and the standards of the State of California and  the United States. Kotobuki requires its Shipping Agents in Japan to supply a certification that all products they sell to Kotobuki meet the applicable Japanese and American Standards.   These standards include but are not limited to the following Standards:
1>Compliance with Japan’s Food Sanitation Act.  (ASTM C738)
2>Compliance with California Proposition 65 (No warning required)
3>Compliance with Consumer Product Safety Improvement Act
4>Compliance with the U.S. Food and Drug Administration
In addition, prior to authorizing its Shipping Agents to purchase items in Japan  Kotobuki randomly tests  items to determine if the item is in compliance with the afore mentioned standards and randomly tests items it receives from its Shipping Agents to determine compliance with the aforementioned standards. Kotobuki maintains records of the Certification it receives on each shipment from its Japanese Shipping Agents and will supply a copy of same upon request.  This requirement on Kotobuki’s Japanese Shipping Agents became effective --------.

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