TERMS AND CONDITIONS

Website Use and Product Purchase Agreement

Welcome to Japan Scissors. These Terms and Conditions ("Terms") govern your use of our website and your purchase of products from us. Please read them carefully before using our website or making a purchase.

By using this website or placing an order, you agree to be bound by these Terms. If you do not agree, please do not use this website or purchase our products.

In these Terms:

• "we", "us", "our", "Japan Scissors" refers to Nippon Shears Pty Ltd (ACN 641 863 578), acting as trustee for The Adams Scissor Trust (ABN 68 501 252 754), trading as Japan Scissors
• "you", "your", "customer" refers to you, the user of this website or purchaser of our products
• "Website" refers to japanscissors.com.au and any related websites we operate including japanscissorsshop.com and japanscissors.co.nz
• "Products" refers to all goods available for purchase through this Website
• "ACL" refers to the Australian Consumer Law set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth)

PART A: IMPORTANT NOTICES AND PRODUCT SAFETY

1. Product Safety Warning

2. Professional Tool Disclaimer

Japan Scissors supplies professional-grade hairdressing and barbering tools. You acknowledge that:

(a) General Information Only: Product descriptions, specifications, recommendations, and educational content on this Website are provided as general information only. They are not professional advice adapted to your specific circumstances, skill level, experience, hand size, cutting style, or professional requirements.

(b) Steel Type and Manufacturing Specifications: Unless expressly and specifically stated in writing on the product page at the time of purchase, we do not guarantee the specific type of steel used in manufacturing (such as VG10, ATS314, 440C, Hitachi steel, or cobalt alloys), the hardness rating (Rockwell scale), or the specific country of manufacture. Product names referencing Japanese origins (such as "Japan Scissors", "Ichiro", "Mina") indicate brand identity, design philosophy, or stylistic inspiration, and do not necessarily indicate that the product was manufactured in Japan unless expressly stated.

(c) Selection is Your Responsibility: Selection of the correct scissor size, blade type (convex, bevelled, semi-convex), blade edge type (standard, micro-serrated), handle design (offset, crane, opposing grip), and handedness (right or left) is your responsibility. We provide product information and size guides to assist, but the final selection decision is yours. We recommend consulting with experienced professionals or contacting us if you require personalised guidance.

(d) Not Medical, Legal or Financial Advice: Information on this Website about ergonomics, repetitive strain, hand health, business practices, or any other topic is general information only and is not medical, legal, financial, or professional advice. Consult qualified professionals for specific advice.

(e) Educational Content: Any tutorials, guides, videos, or educational content on this Website are for informational purposes only and do not substitute for professional training or certification.

3. Eligibility and Capacity

By using this Website or placing an order, you represent and warrant that:

(a) You are at least 18 years of age;

(b) You have the legal capacity to enter into a binding contract;

(c) You are authorised to use any payment method provided with your order;

(d) The information you provide is accurate, complete, and current;

(e) You will use the Products safely, lawfully, and in accordance with all applicable laws and regulations; and

(f) If purchasing on behalf of a business or other entity, you have authority to bind that entity to these Terms.

PART B: PURCHASING PRODUCTS

4. Orders and Contract Formation

4.1 Placing an Order

When you submit an order through our Website, you are making an offer to purchase the Products in your order at the price and on the terms displayed at checkout. Your order is subject to acceptance by us.

4.2 Order Acceptance

A binding contract is formed between you and us when:

(a) We have processed your payment successfully; and

(b) We send you an order confirmation email.

4.3 Order Rejection

We reserve the right to decline any order for any reason, including:

(a) Stock unavailability;

(b) Pricing or description errors;

(c) Suspected fraud or misuse;

(d) Delivery restrictions or shipping issues; or

(e) Multiple orders placed to circumvent promotional limits.

If we decline your order, we will notify you and provide a full refund of any payment made.

4.4 Order Confirmation

Your order confirmation email constitutes our acceptance of your order. Please review this confirmation carefully and contact us immediately if there are any errors.

4.5 Order Modifications

Once an order is placed, we cannot guarantee modifications. Contact us as soon as possible if you need to change your order. Changes requested after dispatch may not be possible.

5. Product Information

5.1 Product Descriptions

We make every reasonable effort to ensure product descriptions, images, and specifications are accurate. However:

(a) Product images are for illustrative purposes and may vary from actual products due to screen display settings, lighting conditions, and photography;

(b) Colours may appear differently on different devices;

(c) Minor variations in appearance, finish, packaging, or accessories do not constitute defects or misdescription;

(d) Specifications provided by manufacturers may be approximate; and

(e) We may update product information without notice.

5.2 Scissor Sizing

Scissor sizes are stated in inches and refer to the blade length as specified by the manufacturer, measured from the blade tip to the pivot screw. It is your responsibility to:

(a) Verify the size is appropriate for your hand size and intended use before ordering;

(b) Review size guides and recommendations provided on product pages;

(c) Measure your current scissors if replacing an existing pair; and

(d) Contact us if you require assistance with size selection.

5.3 Handedness

Unless otherwise clearly specified on the product page, all scissors are right-handed. Left-handed models are available for selected products and are clearly marked as "Left-Handed" or "LH" in the product title. Ordering the incorrect handedness does not constitute a product fault or misdescription.

6. Pricing and Payment

6.1 Prices

All prices displayed on this Website are:

(a) In Australian Dollars (AUD) on japanscissors.com.au, US Dollars (USD) on japanscissorsshop.com, and New Zealand Dollars (NZD) on japanscissors.co.nz, unless otherwise indicated;

(b) Inclusive of GST for Australian domestic orders;

(c) Per unit unless otherwise stated; and

(d) Subject to change without notice until you complete checkout.

The price confirmed in your order confirmation email is the price you will be charged.

6.2 Payment Methods

We accept payment via:

(a) Credit and debit cards (Visa, Mastercard, American Express);

(b) PayPal;

(c) Buy Now Pay Later services including Afterpay, Zip Pay, Klarna, and Sezzle (where available); and

(d) Other payment methods as displayed at checkout.

6.3 Buy Now Pay Later (BNPL)

If you choose a BNPL payment option:

(a) You enter into a separate credit agreement with the BNPL provider;

(b) The BNPL provider's terms and conditions, including fees, interest, and repayment schedules, apply to that arrangement;

(c) We are not responsible for any fees, charges, late payment penalties, or consequences arising from your BNPL arrangement;

(d) Non-payment to the BNPL provider does not affect your contractual obligations to us once the order is accepted; and

(e) Any refunds will be processed through the BNPL provider in accordance with their procedures.

6.4 Payment Security

Payments are processed securely by PCI-DSS compliant third-party payment providers. We do not store your full credit card details on our systems. We are not responsible for security breaches or failures at third-party payment providers.

6.5 Pricing Errors

If we discover a pricing error after you place an order:

(a) We will contact you as soon as reasonably practicable;

(b) We will give you the option to proceed at the correct price or cancel your order; and

(c) If you choose to cancel, or if we cannot contact you within a reasonable time, we will provide a full refund.

7. Delivery and Shipping

7.1 Delivery within Australia

We offer free standard shipping on most orders within Australia via Australia Post or other courier services. Delivery timeframes are estimates only and are not guaranteed. Typical delivery times from dispatch are:

(a) Metro areas: 2-5 business days

(b) Regional areas: 5-10 business days

(c) Remote areas: 7-14 business days

Delivery times may be longer during peak periods, public holidays, or due to circumstances beyond our control.

7.2 Express and Priority Shipping

Express or priority shipping options may be available at checkout for an additional fee. While these services are generally faster, delivery timeframes remain estimates and are not guaranteed.

7.3 International Delivery

International orders may be subject to:

(a) Additional shipping charges displayed at checkout;

(b) Customs duties, import taxes, and GST/VAT payable by you upon arrival in the destination country;

(c) Longer delivery timeframes;

(d) Additional documentation requirements; and

(e) Restrictions on certain products or destinations.

We are not responsible for delays, seizures, duties, taxes, or additional costs imposed by customs authorities or destination country governments. You are the importer of record and responsible for compliance with all import laws.

7.4 Delivery Address

You are responsible for providing a complete and accurate delivery address. We are not responsible for delays or non-delivery caused by incorrect address information. If a parcel is returned to us due to an incorrect address, you may be required to pay additional shipping costs for redelivery.

7.5 Authority to Leave

By providing delivery instructions authorising the carrier to leave parcels unattended (e.g., "leave at door", "leave in a safe place"), you accept the risk of theft, damage, or loss after the parcel is left. We recommend requiring a signature for valuable orders.

7.6 Risk and Title

Title (ownership) in the Products passes to you upon full payment. Risk in the Products (responsibility for loss or damage) passes to you upon delivery or upon the carrier leaving the parcel at your address with your authorisation.

7.7 Shipping Protection

We may offer optional shipping protection through Route or similar services at checkout. If you purchase shipping protection:

(a) You enter into a separate agreement with the shipping protection provider;

(b) Claims for lost, stolen, or damaged items must be made directly with that provider in accordance with their terms;

(c) We will assist with claims where possible but do not guarantee outcomes; and

(d) Shipping protection fees are generally non-refundable once shipping has commenced.

7.8 Delivery Issues

Please contact us promptly if:

(a) Your order has not arrived within a reasonable time after the estimated delivery date;

(b) Products are damaged upon delivery;

(c) Products are missing from your order; or

(d) You receive incorrect items.

We will work with you and our shipping partners to investigate and resolve delivery issues.

PART C: CONSUMER GUARANTEES AND RETURNS

8. Australian Consumer Law Guarantees

8.1 Consumer Guarantee Rights

Under the Australian Consumer Law, goods sold to consumers come with automatic guarantees that cannot be excluded. These include guarantees that goods:

(a) Are of acceptable quality;

(b) Are fit for any disclosed purpose;

(c) Match their description;

(d) Match any sample or demonstration model;

(e) Come with clear title and undisturbed possession;

(f) Are free from undisclosed securities; and

(g) Have spare parts and repair facilities reasonably available (where applicable).

8.2 Your Remedies for Major Failures

If goods have a major failure, you can choose to:

(a) Reject the goods and receive a full refund; or

(b) Reject the goods and receive a replacement of the same type and similar value; or

(c) Keep the goods and receive compensation for the reduction in value.

A major failure occurs when the goods would not have been purchased by a reasonable consumer fully aware of the failure, the goods are substantially unfit for their normal purpose and cannot easily be made fit, the goods do not match the description, or the goods are unsafe.

8.3 Your Remedies for Minor Failures

If goods have a minor failure (a failure that is not a major failure), we can choose to repair, replace, or refund. We must provide this remedy within a reasonable time. If we fail to do so, you become entitled to choose your own remedy (including rejection and refund).

8.4 How Long Do Consumer Guarantees Apply?

Consumer guarantees are not limited to a specific timeframe. They apply for a reasonable period based on the nature and price of the goods. For professional hairdressing scissors purchased at premium prices, a reasonable consumer would expect the goods to be free from defects in materials and workmanship for a substantial period.

9. What Constitutes a Fault

9.1 Examples of Faults Covered by Consumer Guarantees

A Product may be faulty and entitle you to a remedy if:

(a) Blades are misaligned from the factory, preventing proper cutting;

(b) There are manufacturing defects in handles, screws, bumpers, or tension systems;

(c) The Product does not match its description (e.g., incorrect size, incorrect handedness, missing features described);

(d) Significant undisclosed cosmetic defects affect the product's value;

(e) The Product is unsafe for its intended use;

(f) Metal components crack, break, or fail under normal use; or

(g) The Product does not perform its intended function when used correctly.

9.2 What is NOT a Fault

The following are generally not considered faults entitling you to a remedy:

(a) Normal wear and tear from use, including blade dulling through normal cutting;

(b) Damage caused by misuse, accidents, or improper technique;

(c) Damage from dropping, impact, or physical abuse;

(d) Damage from incorrect maintenance, adjustment, or third-party sharpening;

(e) Chemical damage from hair products, sanitisers, barbicide, or cleaning agents;

(f) Rust or corrosion caused by failure to dry and oil scissors after use;

(g) Cosmetic wear such as minor scratches from normal professional use;

(h) Issues arising from modification or alteration of the Product;

(i) Ordering the wrong size, style, or handedness (this is change of mind, not a fault); or

(j) Change in personal preference after use.

10. Claiming Under Consumer Guarantees

10.1 Process for Faulty Products

If you believe a Product is faulty or does not meet consumer guarantees:

(a) Contact us at hello@japanscissors.com.au with your order number and a description of the issue;

(b) Provide clear photos or videos showing the fault;

(c) We will assess your claim and may request additional information or ask you to return the Product for inspection;

(d) We will cover reasonable return shipping costs for Products confirmed to be faulty;

(e) We will advise you of the outcome and provide a remedy in accordance with the ACL.

10.2 Assessment and Response Time

We aim to respond to claims within 2-3 business days and complete assessments within a reasonable time. Complex issues may require longer for proper investigation.

10.3 Return Shipping for Faulty Products

If a Product is confirmed to be faulty or to not meet consumer guarantees, we will reimburse your reasonable return shipping costs or provide a prepaid return label.

11. Change of Mind Returns (Voluntary Policy)

11.1 Our Voluntary Policy

In addition to your statutory rights, we offer a voluntary 14-day change of mind return policy. This policy is subject to the following conditions:

(a) The Product must be unused, undamaged, and in original packaging with all tags, accessories, and protective materials;

(b) You must contact us within 14 days of delivery to request a return;

(c) You are responsible for return shipping costs;

(d) A 10% restocking fee applies to refunds (this fee helps cover our costs of inspection, repackaging, and resale);

(e) If the Product is not returned in original condition, we may decline the return or apply additional fees to reflect the reduction in value; and

(f) Refunds will be processed to your original payment method within 5-7 business days of receiving and inspecting the returned item.

11.2 Items Not Eligible for Change of Mind Returns

The following cannot be returned for change of mind:

(a) Products that have been used, tested on hair, or show signs of use;

(b) Products returned more than 14 days after delivery;

(c) Personalised, custom-ordered, or made-to-order items;

(d) Hygiene products such as combs, brushes, capes, or razors that have been opened or removed from sealed packaging;

(e) Gift cards, store credit, or digital products; and

(f) Products purchased during clearance sales marked as "final sale" (your consumer guarantee rights for faulty goods still apply).

11.3 Exchanges

We offer exchanges for different sizes or products, subject to stock availability and the same conditions as change of mind returns. We will cover shipping for the replacement item within Australia, but you are responsible for returning the original item.

12. Warranty and After-Sales Service

12.1 Manufacturer Warranty

Some Products carry a manufacturer's warranty in addition to your consumer law rights. Warranty terms vary by brand and are provided with your Product or on the product page. Manufacturer warranties are provided by the manufacturer, not by Japan Scissors (unless we are the manufacturer).

12.2 Lifetime Sharpening Service

Selected scissors include our Lifetime Sharpening Service. This service:

(a) Provides professional sharpening at no cost for the life of the scissors;

(b) Requires you to pay shipping costs to and from our service centre;

(c) Applies only to scissors purchased directly from Japan Scissors websites;

(d) Does not cover repairs to damaged scissors beyond normal sharpening;

(e) Is subject to our assessment that the scissors are in serviceable condition; and

(f) May be modified or discontinued with reasonable notice (existing qualifying scissors will continue to be serviced).

12.3 Repairs and Servicing

We offer repair and servicing for scissors, including tension adjustment, blade sharpening, handle repairs, and general maintenance. Fees apply for services outside warranty or the Lifetime Sharpening Service. Contact us for a quote.

PART D: PROMOTIONS AND OFFERS

13. Discount Codes and Special Offers

13.1 Use of Discount Codes

We may offer promotional discount codes from time to time. Discount codes:

(a) Must be entered at checkout to apply;

(b) Cannot be applied retrospectively to completed orders;

(c) Are single-use unless otherwise stated;

(d) May have minimum spend requirements, product exclusions, or expiry dates;

(e) Cannot be combined with other offers unless expressly stated; and

(f) May be withdrawn or modified at any time before use.

13.2 Code Misuse

We reserve the right to cancel orders, void discounts, or suspend accounts if codes are misused, shared publicly without authorisation, used in breach of terms, or obtained fraudulently.

14. Promotional Giveaways and Competitions

14.1 Separate Terms

From time to time, we may conduct promotional giveaways, competitions, or prize draws. These promotions are governed by their own specific terms and conditions, which will be published on the Website and take precedence over these Terms to the extent of any inconsistency.

14.2 General Promotion Conditions

Unless otherwise stated in specific promotion terms:

(a) Entry into any promotion constitutes acceptance of these Terms and the promotion-specific terms;

(b) Promotions are only open to persons 18 years or older;

(c) Employees and immediate family of Japan Scissors and associated entities are not eligible;

(d) Prizes are not transferable, exchangeable, or redeemable for cash;

(e) We may substitute prizes of equal or greater value if the original prize becomes unavailable;

(f) Winners may be required to provide proof of identity, eligibility, and purchase;

(g) We may publicise winner names (initials and general location) for promotional transparency;

(h) Promotional entries are void if the associated order is cancelled, fully refunded, or subject to a successful chargeback; and

(i) Winners are responsible for any tax implications arising from prizes.

14.3 Promotion Modifications

We reserve the right to modify, suspend, or terminate any promotion if:

(a) Circumstances beyond our reasonable control make continuation impractical;

(b) We suspect fraud, abuse, or technical issues affecting the promotion's integrity; or

(c) Required by law or regulatory authority.

If a promotion is terminated early, we will endeavour to award prizes for valid entries already received.

PART E: WEBSITE USE

15. Access and Licence

15.1 Licence to Use

We grant you a limited, non-exclusive, revocable, non-transferable licence to access and use this Website for:

(a) Browsing, selecting, and purchasing Products;

(b) Managing your account and orders;

(c) Accessing educational and informational content; and

(d) Other personal or professional purposes related to your interest in our Products.

15.2 Acceptable Use

You agree to use this Website only for lawful purposes and in accordance with these Terms.

16. Prohibited Conduct

You must not:

(a) Copy, reproduce, modify, distribute, or create derivative works from the Website or its content without permission;

(b) Use the Website for any unlawful purpose or in violation of any applicable laws;

(c) Attempt to gain unauthorised access to our systems, accounts, servers, or data;

(d) Interfere with or disrupt the Website, servers, or networks connected to the Website;

(e) Use automated tools, bots, scrapers, or scripts to access the Website or extract data;

(f) Harvest, collect, or store personal data of other users;

(g) Impersonate any person or entity or misrepresent your affiliation;

(h) Upload or transmit viruses, malware, or harmful code;

(i) Engage in any conduct that may damage our reputation or interfere with our business;

(j) Use our trademarks, logos, or branding without written permission;

(k) Circumvent or attempt to circumvent security measures; or

(l) Violate the intellectual property rights of Japan Scissors or third parties.

17. Accounts

17.1 Account Registration

You may create an account to facilitate purchases and access additional features. When registering, you must provide accurate and current information and keep your account information up to date.

17.2 Account Security

You are responsible for:

(a) Maintaining the confidentiality of your account credentials;

(b) All activities that occur under your account; and

(c) Notifying us immediately at hello@japanscissors.com.au of any unauthorised access or security breach.

17.3 Account Suspension or Termination

We may suspend or terminate your account at any time if you breach these Terms, engage in fraudulent or abusive conduct, or at our reasonable discretion. We will endeavour to provide notice unless doing so would compromise security or legal compliance.

18. Intellectual Property

18.1 Our Intellectual Property

All content on this Website, including text, images, graphics, logos, designs, photographs, videos, product descriptions, and software, is owned by us or our licensors and is protected by Australian and international intellectual property laws, including the Copyright Act 1968 (Cth) and Trade Marks Act 1995 (Cth).

18.2 Trademarks

"Japan Scissors", "Mina", "Ichiro", "Juntetsu", and related logos and designs are trademarks or trade names of Nippon Shears Pty Ltd. Other brand names and trademarks mentioned (such as Yasaka, Joewell) are the property of their respective owners and are used for product identification purposes only.

18.3 Limited Permission

You may download or print content from this Website for personal, non-commercial use only. Any commercial use, reproduction, distribution, or modification requires our prior written consent.

19. User Content and Reviews

19.1 Submitting Reviews

You may submit reviews, ratings, and feedback about Products. By submitting content, you:

(a) Grant us a perpetual, worldwide, royalty-free, irrevocable licence to use, display, publish, modify, and sublicense your content;

(b) Confirm the content is your original work and does not infringe any third-party rights;

(c) Confirm you have actually purchased and used the Product being reviewed;

(d) Agree not to submit content that is false, misleading, defamatory, obscene, or offensive; and

(e) Acknowledge that your review may be published with your first name and location.

19.2 Content Moderation

We reserve the right to remove, edit, or refuse to publish any user content at our discretion, including content that violates these Terms, contains spam or promotional material, or is off-topic.

20. Third-Party Services and Links

20.1 Third-Party Platforms

This Website is hosted on Shopify and uses various third-party services for payment processing, shipping, analytics, and other functions. Your use of these services may be subject to their terms and conditions.

20.2 External Links

This Website may contain links to third-party websites. We are not responsible for the content, accuracy, privacy practices, or availability of external sites. Linking does not imply endorsement.

PART F: PRIVACY AND COMMUNICATIONS

21. Privacy

21.1 Privacy Policy

We collect, use, hold, and disclose personal information in accordance with our Privacy Policy, the Privacy Act 1988 (Cth), and the Australian Privacy Principles (APPs).

21.2 Information We Collect

When you use this Website or make a purchase, we may collect:

(a) Contact information (name, email address, phone number, delivery and billing addresses);

(b) Payment information (processed securely by PCI-compliant payment providers—we do not store full card numbers);

(c) Order history, preferences, and wishlist items;

(d) Communications with our customer service team;

(e) Technical information (IP address, browser type, device information, cookies); and

(f) Marketing preferences and consent records.

21.3 How We Use Information

We use your information to:

(a) Process and fulfil orders;

(b) Communicate about your orders, account, and our services;

(c) Provide customer support and after-sales service;

(d) Improve our products, services, and website;

(e) Send marketing communications (only with your consent);

(f) Detect and prevent fraud;

(g) Comply with legal obligations; and

(h) Enforce these Terms.

21.4 Your Privacy Rights

You have the right to:

(a) Access personal information we hold about you;

(b) Request correction of inaccurate information;

(c) Request deletion of your information (subject to legal retention requirements);

(d) Opt out of marketing communications at any time;

(e) Withdraw consent where processing is based on consent; and

(f) Lodge a complaint with the Office of the Australian Information Commissioner (OAIC) if you believe we have breached privacy laws.

22. Electronic Communications

22.1 Electronic Transactions

In accordance with the Electronic Transactions Act 1999 (Cth), you consent to receive communications from us electronically, including order confirmations, shipping notifications, invoices, and other transactional communications. Electronic communications satisfy any legal requirement for writing.

22.2 Marketing Communications

In accordance with the Spam Act 2003 (Cth), we will only send you commercial electronic messages (marketing emails, SMS, etc.) with your consent or where we have an existing business relationship with you and the message relates to similar products. Every marketing message includes an unsubscribe option. You can unsubscribe at any time by clicking the unsubscribe link or contacting us.

22.3 Transactional Communications

Even if you unsubscribe from marketing, we may still send you transactional communications related to your orders, account security, service updates, and other non-promotional matters.

23. Scam Awareness

We take fraud prevention seriously. Please be aware:

(a) We will never ask for your password, full credit card number, or sensitive personal information via email, phone, or social media;

(b) Be cautious of phishing emails or websites that impersonate Japan Scissors;

(c) Our official contact email is hello@japanscissors.com.au;

(d) Report suspicious communications to us and to Scamwatch (scamwatch.gov.au).

PART G: LIABILITY AND LEGAL MATTERS

24. Limitation of Liability

24.1 Consumer Guarantees Preserved

Nothing in these Terms excludes, restricts, or modifies any consumer guarantee, right, or remedy conferred on you by the Australian Consumer Law or any other applicable legislation that cannot be excluded, restricted, or modified by agreement.

24.2 Limitation for Non-Consumer Transactions

To the maximum extent permitted by law, and subject to clause 24.1:

(a) Our total liability to you for any claim arising from or related to these Terms, the Website, or any Products is limited to the greater of (i) the price paid for the relevant Product, or (ii) $100 AUD;

(b) We are not liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, revenue, data, business opportunity, or goodwill; and

(c) We are not liable for any loss or damage resulting from circumstances beyond our reasonable control.

24.3 Specific Exclusions

Without limiting clause 24.1, we are not liable for:

(a) Injury caused by misuse of Products, failure to follow safety warnings, improper technique, or use by untrained persons;

(b) Damage caused by incorrect maintenance, adjustment, or third-party servicing;

(c) Loss or damage to Products in transit (please claim against the carrier or shipping protection provider);

(d) Delays, errors, or failures caused by third-party service providers, including payment processors, shipping carriers, and hosting providers;

(e) Business losses, lost income, lost clients, or professional consequences arising from Product issues;

(f) Loss arising from your failure to maintain backups of data; or

(g) Any matter for which liability cannot lawfully be limited.

25. Indemnity

To the maximum extent permitted by law, you agree to indemnify, defend, and hold harmless Japan Scissors, its officers, directors, employees, agents, and suppliers from and against any claims, liabilities, damages, losses, or expenses (including reasonable legal fees) arising from:

(a) Your breach of these Terms;

(b) Your misuse of Products or failure to follow safety warnings;

(c) Your violation of any applicable laws;

(d) Your infringement of any third-party rights;

(e) Any content you submit to the Website; or

(f) Any claim by a third party related to your use of Products.

This indemnity does not apply to the extent that liability arises from our negligence, breach of consumer guarantees, or other conduct for which we cannot exclude liability.

26. Force Majeure

We are not liable for any failure or delay in performing our obligations if such failure or delay results from circumstances beyond our reasonable control, including but not limited to:

(a) Natural disasters, severe weather, floods, fires, earthquakes, or acts of God;

(b) Pandemics, epidemics, quarantines, or public health emergencies;

(c) War, terrorism, civil unrest, riots, or government actions;

(d) Industrial action, strikes, lockouts, or labour disputes;

(e) Supply chain disruptions, supplier failures, or material shortages;

(f) Postal or courier service disruptions;

(g) Power failures, telecommunications outages, internet disruptions, or cyberattacks;

(h) Changes in laws, regulations, or government policy; or

(i) Any other event beyond our reasonable control.

We will use reasonable efforts to mitigate the effects of any force majeure event and resume performance as soon as practicable.

27. Dispute Resolution

27.1 Contact Us First

If you have a complaint or dispute, please contact us first at hello@japanscissors.com.au. We are committed to resolving issues promptly and fairly. Most disputes can be resolved through direct communication.

27.2 Escalation

If we cannot resolve your complaint within a reasonable time, you may:

(a) Contact your state or territory consumer protection agency (e.g., Consumer Protection WA, NSW Fair Trading, Consumer Affairs Victoria);

(b) Lodge a complaint with the ACCC (Australian Competition and Consumer Commission) for systemic issues;

(c) Access mediation or dispute resolution services; or

(d) Pursue legal remedies available to you.

27.3 Governing Law and Jurisdiction

These Terms are governed by the laws of Western Australia. You and we submit to the non-exclusive jurisdiction of the courts of Western Australia and any courts entitled to hear appeals from those courts. This does not limit any rights you may have under consumer protection laws in your state or territory of residence.

PART H: GENERAL PROVISIONS

28. Changes to These Terms

We may update these Terms from time to time by posting revised terms on this page. The "Last Updated" date at the top indicates when changes were made. We encourage you to review these Terms periodically. Material changes will be notified to registered users by email or prominent notice on the Website. Your continued use of the Website after changes constitutes acceptance of the revised Terms. If you do not agree with changes, please discontinue use and contact us regarding any pending orders.

29. Notices

Notices from us to you will be sent to the email address associated with your account or order, or displayed on the Website. Notices from you to us should be sent to hello@japanscissors.com.au or by post to the address below. Notices are deemed received upon sending (for email) or upon delivery (for post).

30. Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court or tribunal, that provision will be severed and the remaining provisions continue in full force and effect. Where possible, the invalid provision will be modified to the minimum extent necessary to make it valid and enforceable while preserving its original intent.

31. Waiver

Our failure or delay in exercising any right, power, or remedy under these Terms does not constitute a waiver of that right, power, or remedy. A waiver of any right is only effective if it is in writing and signed by us, and applies only to the specific circumstances for which it is given.

32. Assignment

You may not assign, transfer, or delegate your rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations to a successor in connection with a merger, acquisition, corporate restructure, or sale of all or substantially all of our assets, provided the assignee agrees to be bound by these Terms.

33. Entire Agreement

These Terms, together with our Privacy Policy, any promotion-specific terms, and any other policies referenced herein, constitute the entire agreement between you and us regarding the subject matter and supersede all prior agreements, representations, negotiations, and understandings, whether written or oral.

34. Interpretation

In these Terms:

(a) Headings are for convenience only and do not affect interpretation;

(b) Words in the singular include the plural and vice versa;

(c) A reference to a person includes a natural person, corporation, partnership, trust, or other entity;

(d) A reference to legislation includes amendments, re-enactments, and replacement legislation;

(e) "Including" and similar expressions are not words of limitation;

(f) References to dollars ($) are to Australian dollars unless otherwise stated;

(g) References to "business days" mean days other than Saturdays, Sundays, and public holidays in Western Australia;

(h) A reference to "writing" includes email; and

(i) Where a word or expression is defined, other grammatical forms of that word or expression have corresponding meanings.

35. No Partnership or Agency

Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship between you and us. You have no authority to bind us or represent that you have such authority.

36. Survival

Clauses that by their nature should survive termination or expiry of these Terms will survive, including provisions relating to intellectual property, limitation of liability, indemnity, dispute resolution, and governing law.

Contact Us

These Terms and Conditions were last reviewed and updated in November 2025 to ensure compliance with Australian Consumer Law, the unfair contract terms regime under the Competition and Consumer Act 2010 (Cth), the Privacy Act 1988 (Cth), the Electronic Transactions Act 1999 (Cth), and the Spam Act 2003 (Cth).