Terms of service
Introduction
Welcome to CYBER RACING. Throughout this site, the terms “we,” “us,” and “our” refer to CYBER RACING. CYBER RACING operates this store and website, including all information, content, features, tools, products, and ordering services (collectively, the “Services”) available to you, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here. Our store is hosted by Shopify Inc., which provides us with the online e-commerce platform that allows us to sell our products and services to you.
Please read these Terms of Service carefully, along with any referenced policies (collectively, "Terms of Service" or "Terms"). They contain important information regarding your legal rights and cover areas such as disclaimers of warranties and limitations of liability. By visiting, accessing, or using any part of our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any Services.
Section 1 - Access and Account
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 you have given us your consent to allow any of your minor dependents to use this site under your supervision.
When using our Services, including browsing the online store or purchasing products, you may be required 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. You are solely responsible for maintaining the security of your account credentials and for all activities that occur 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 display as accurately as possible the colors and images of our products that appear at the store. However, we cannot guarantee that your device’s display of any color will be accurate. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations.
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. We may, in our sole discretion, limit the sales of our products or Services to any person, geographic region, or jurisdiction on a case-by-case basis.
Section 3 - Orders and Formation of Sales Contract
When you complete and submit an order on the Services, it constitutes an offer to purchase the products. After submitting an order, you will receive an automated "Order Confirmation Email." This email is an acknowledgment of receipt of your offer and does not constitute acceptance of your order or the formation of a binding sales contract.
A binding sales contract between you and CYBER RACING is formally concluded only when we have completed the shipping procedures for the products and sent a "Shipping Confirmation Email" to you. The fulfillment of all orders is subject to product availability. We expressly reserve the right to refuse any order for any reason at our sole discretion. You represent and warrant that the products purchased are for your personal use and not for commercial resale or export.
Section 4 - Product Types (Made-to-Order vs. In-Stock Items)
Our products are categorized into "Made-to-Order Items" and "Standard In-Stock Items." By placing an order, you acknowledge and agree to the following conditions:
・Made-to-Order Items: These items are manufactured collectively after the pre-set "Order Period" ends. Due to the nature of securing production slots and materials, once the order period has ended and production/shipment preparation has begun, we cannot accept any cancellations or changes (size, etc.) for customer convenience, as stipulated in our Refund Policy. Furthermore, significant delays may occur due to overseas production status, material procurement delays, international logistics disruptions, or customs clearance. While we strive for prompt delivery, we do not accept cancellations or refund requests based on delivery delays.
・Standard In-Stock Items: These are items currently held in stock. We process shipments promptly upon order. However, due to system synchronization lags, an item may become "Out of Stock" if multiple orders are placed simultaneously. In such cases, we reserve the right to unilaterally cancel the order and refund the paid amount in accordance with Section 5.
Section 5 - Cancellation and Termination by Us
We reserve the right, upon notice (before or after the fact), to cancel any order or terminate the sales contract without liability for damages or any other responsibility under the following circumstances. Our only obligation will be to refund the amount paid:
・The product is out of stock or unavailable.
・Your billing or shipping information is inaccurate or unverifiable.
・Our security systems or data checks flag the order as suspicious, fraudulent, or for resale purposes.
・Payment is not completed within the specified timeframe.
・There was an error in the price, specification, or other information displayed on the Services.
・Delivery to the address provided is impossible, or the product is returned due to refusal of receipt or long-term absence.
・Performance of the order becomes difficult due to force majeure or events beyond our control.
Section 6 - Fraud Prevention (Data Checks)
Before fulfilling any order, we may conduct several checks, including address verification and fraud detection. To prevent chargeback fraud, unusual transactions, or bot-driven mass purchases, we perform data checks on all orders using Shopify’s systems and other tools. If a fraudulent transaction is suspected, we reserve the right to cancel the order immediately and cooperate with legal authorities if necessary.
Section 7 - Returns, Refunds, and Cancellations
All terms and procedures regarding cancellations, returns, exchanges, and refunds (including deadlines for defective items and non-returnable conditions) are governed by our separate "Refund Policy." By purchasing products through our Services, you acknowledge that you have read and agreed to the Refund Policy.
Section 8 - Pricing and Billing
Prices, discounts, and promotions are subject to change without notice. The price charged for a product will be the price in effect at the time the order is placed. Unless otherwise stated, listed prices do not include shipping fees or other service charges. You agree to provide current, complete, and accurate purchase and account information for all purchases. You represent and warrant that (i) the credit card information you supply is true and complete, (ii) you are authorized to use such card, and (iii) you will pay the total charges incurred, including shipping and taxes.
Section 9 - Shipping and Delivery
We are not responsible for delays in shipping or delivery. All delivery timeframes are estimates and are not guaranteed. We are not liable for delays caused by shipping carriers, customs procedures, or events outside our control. Title and risk of loss pass to you upon our delivery of the products to the carrier.
Section 10 - Intellectual Property
The Services and all materials (including but not limited to trademarks, logos, text, images, graphics, videos, and designs) are owned by CYBER RACING, its affiliates, or licensors and are protected by copyright, trademark, and other intellectual property laws. You may use the Services for personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, or publicly display any material from our Services without our prior written consent.
Section 11 - Optional Tools
We may provide you with access to third-party tools which we neither monitor nor have any control over. You acknowledge that we provide access to such tools ”as is” and “as available” without any warranties of any kind. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Section 12 - Third-Party Links
Certain content or services available via our Services may include materials from third parties. We are not responsible for examining or evaluating the content or accuracy of third-party websites and do not warrant and will not have any liability for any third-party materials or websites.
Section 13 - Relationship with Shopify
CYBER RACING is powered by Shopify. However, the sale and purchase of products are conducted directly between you and CYBER RACING. You acknowledge and agree that Shopify is not responsible for any aspect of the sale, including any injury, damage, or loss resulting from the products or services purchased.
Section 14 - Privacy Policy
All personal information acquired by us through the Services is subject to our Privacy Policy. By using the Services, you are deemed to have read and agreed to the Privacy Policy.
Section 15 - Feedback
If you submit ideas, suggestions, reviews, or other content (collectively, "Feedback"), you grant us an unrestricted license to use, publish, and distribute that Feedback for any purpose, including commercial use, without compensation or confidentiality obligations. We reserve the right to remove any Feedback we deem inappropriate.
Section 16 - Errors, Inaccuracies, and Omissions
Occasionally there may be information on our site that contains typographical errors or omissions that may relate to product descriptions, pricing, promotions, 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 17 - Prohibited Uses
You are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to violate any regulations or laws; (c) to infringe upon our intellectual property rights; (d) to harass, abuse, insult, harm, defame, or intimidate; (e) to submit false or misleading information; (f) to upload or transmit viruses or any other type of malicious code; (g) for spamming; (h) for impersonation; or (i) to interfere with or circumvent the security features of the Service. We reserve the right to terminate your use of the Service for violating any of the prohibited uses.
Section 18 - Agents
If you access the Services using an "Agent" (such as AI tools or automation software), the Agent must clearly identify itself (e.g., via User-Agent strings) and must not impersonate human access or circumvent security measures. We reserve the right to restrict access by Agents.
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. We may terminate these Terms or your access to the Services at any time without notice.
Section 20 - Disclaimer of Warranties; Limitation of Liability
The Service and all products delivered to you through the Service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties, or conditions of any kind, either express or implied.
To the maximum extent permitted by law, in no case shall CYBER RACING or our affiliates be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, or consequential damages of any kind, including, without limitation, lost profits or lost data, arising from your use of the service or any products procured using the service. Notwithstanding the foregoing, if we are found legally liable for damages, our maximum liability shall in no event exceed the total amount actually paid by the customer to us for the specific product that caused the dispute.
Section 21 - Indemnification
You agree to indemnify, defend, and hold harmless CYBER RACING and our affiliates 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 of Service or your violation of any law or the rights of a third party.
Section 22 - 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 23 - Waiver; 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 constitute the entire agreement between you and us.
Section 24 - Assignment
You may not assign your rights under these Terms without our prior written consent. We may assign our rights under these Terms without your consent.
Section 25 - 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 Japan. Any disputes arising in connection with these Terms shall be subject to the exclusive jurisdiction of the Tokyo District Court as the court of first instance.
Section 26 - 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. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
Section 27 - Contact Information
Questions about the Terms of Service should be sent to us at: CYBER RACING Email: support@cyberracing.jp Address: Shibuya Dogenzaka Tokyu Building 2F-C, 1-10-8 Dogenzaka, Shibuya-ku, Tokyo 150-0043, Japan