OVERVIEW

Welcome to Ashitaba. The terms “we”, “us”, and “our” refer to Ashitaba, a brand owned by Hachi Jo Island Corporation (“HJI”). This website and online store (the “Services”) are operated on behalf of HJI by Tu Luc International, Inc. (“Tu Luc”), the authorized U.S. Distribution Agent that manages ecommerce operations and fulfillment. The Services are powered by Shopify.

These Terms of Service (the “Terms”), together with the policies referenced here, describe your rights and responsibilities when using the Services. By visiting or using the Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree, do not use the Services.

1. ACCESS & ACCOUNT

You represent that you are at least the age of majority in your state or province of residence and you consent to allow your minor dependents to use the Services on devices you own or manage. You may be asked to provide contact, billing, payment, and shipping information; you warrant that all information is true, current, and complete, and that you have the right to provide it. You are responsible for safeguarding your account credentials and for all activity under your account. You must be 18+ to purchase.

2. OUR PRODUCTS

We strive to describe products accurately, but colors and appearance may vary by device and settings. Descriptions and prices may change at any time without notice; we may discontinue or limit products or quantities in our discretion.

Food/Wellness Classification. Our items (e.g., herbal teas, nutritional powders, superfoods) are sold as food and wellness products and labeled with Nutrition Facts (not “Supplement Facts”).

Health & Safety Disclaimer. Content is for general information only and not medical advice. Products are not intended to diagnose, treat, cure, or prevent any disease. Consult your physician before use—especially if pregnant or nursing, have a medical condition, or take medications.

2A. CALIFORNIA PROPOSITION 65 NOTICE

To comply with California law, we provide the following notice:

Some natural and herbal products may contain naturally occurring trace minerals such as lead or other elements found in soil and plants. These trace levels are not added during manufacturing and are commonly present in many agricultural products, including fruits, vegetables, and teas.

California’s Proposition 65 requires this notice because such elements, in very high exposure levels, are known to the State of California to cause cancer or reproductive harm.
The presence of these naturally occurring elements does not mean that our products are unsafe.
All Ashitaba products are carefully sourced, handled, and produced under strict quality standards to ensure purity and safety.

For more information, visit www.P65Warnings.ca.gov.

3. ORDERS

Your order is an offer to purchase. We may accept or decline any order at our discretion. Payment must be received and processed before acceptance. Please review orders carefully; cancellations may not be possible after acceptance. If we decline or modify an order, we’ll attempt to notify you using the contact details provided. Returns/exchanges are governed solely by our Refund Policy. You warrant purchases are for personal/household use and not for resale or export.

4. PRICES & BILLING

Prices, promotions, and discounts may change without notice. The price charged is the price at checkout in your confirmation email, exclusive of taxes, shipping, handling, customs, or import charges unless stated otherwise. Prices here may differ from other channels. You agree to provide current, complete, and accurate purchase and payment information and to promptly update it. You warrant that you’re authorized to use the payment method and will pay all charges, taxes, shipping, and fees.

5. SHIPPING & DELIVERY

Orders are sold and fulfilled in the United States by Tu Luc International, Inc., the authorized Distribution Agent. Delivery times are estimates only and not guaranteed. We are not responsible for carrier delays, customs processing, or events beyond our control. Title and risk of loss pass to you upon transfer to the carrier.

6. INTELLECTUAL PROPERTY

All trademarks, brands, text, images, graphics, audio/video, designs, and their arrangement on the Services are owned by Hachi Jo Island Corporation or its licensors and protected by applicable IP laws. You may use the Services for personal, non-commercial purposes only and may not reproduce, distribute, modify, or create derivative works without prior written consent. Ashitaba®, Percent Ashitaba®, and related marks are trademarks of HJI. Shopify and related marks are trademarks of Shopify. Other names/logos are the property of their respective owners.

7. OPTIONAL TOOLS

Third-party tools or features may be offered “as is” and “as available” without warranties of any kind. Your use is at your sole risk and subject to the third party’s terms. Future features will also be subject to these Terms.

8. THIRD-PARTY LINKS

The Services may link to third-party sites or include third-party materials. We do not control and are not responsible for their content, accuracy, policies, or transactions. Access them at your own risk and review their terms and policies.

9. RELATIONSHIP WITH SHOPIFY

The Services are hosted/powered by Shopify. Sales are made directly by Tu Luc International, Inc. (as U.S. seller/shipper on behalf of HJI). By using the Services, you acknowledge that Shopify is not responsible for your transactions with us and you release Shopify from claims arising out of such transactions.

10. PRIVACY POLICY

Personal information collected through the Services is subject to our Privacy Policy; certain data processing is subject to Shopify’s Privacy Policy as platform provider. Because the Services are hosted by Shopify, information you submit may be processed by Shopify and service providers in countries other than where you reside. See our Privacy Policy for details, including CCPA/GDPR notices where applicable.

11. FEEDBACK & REVIEWS

By submitting any ideas, suggestions, reviews, or other content (“Feedback”), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, and display the Feedback for any purpose. You represent you own/have rights to the Feedback, disclose any incentives, and that your Feedback complies with these Terms. We may monitor/edit/remove Feedback in our discretion. You are solely responsible for your Feedback.

12. ERRORS & OMISSIONS

Information on the Services may contain typographical errors or inaccuracies (including in descriptions, pricing, promotions, shipping charges, transit times, and availability). We reserve the right to correct or update and to cancel orders where information is inaccurate, at any time without prior notice (including after an order is submitted).

13. PROHIBITED USES

You may use the Services only for lawful purposes. You agree not to, among other things: violate laws; infringe IP rights; harass/abuse others; transmit misleading, unlawful, or malicious content; send spam; impersonate others; upload malware; scrape or collect others’ data; or circumvent security. We may suspend or terminate access for violations.

14. TERMINATION

We may terminate the Services or your access at any time without notice. You remain liable for amounts due through the date of termination. Provisions that by nature should survive will survive (e.g., IP, Feedback, Disclaimers, Liability Limits, Indemnification, Severability, Waiver/Entire Agreement, Assignment, Governing Law, Privacy).

15. DISCLAIMER OF WARRANTIES

Except as expressly stated by us in writing, the Services and all products are provided “as is” and “as available” without warranties of any kind, express or implied, including merchantability, fitness for a particular purpose, title, and non-infringement. We do not warrant uninterrupted, timely, secure, or error-free use. Some jurisdictions do not allow certain disclaimers; some rights may not apply to you.

16. LIMITATION OF LIABILITY

To the fullest extent permitted by law, Hachi Jo Island Corporation, Tu Luc International, Inc., and their respective officers, employees, agents, partners, service providers, and licensors (and Shopify and its affiliates) shall not be liable for any indirect, incidental, punitive, special, or consequential damages, including lost profits, revenue, savings, data, or replacement costs, arising from or related to your use of the Services or products, even if advised of the possibility.

17. INDEMNIFICATION

You agree to indemnify and hold harmless HJI, Tu Luc, Shopify, and their affiliates, officers, directors, employees, agents, contractors, licensors, and service providers from claims, losses, liabilities, damages, and expenses (including reasonable attorneys’ fees) arising out of (i) your breach of these Terms, (ii) violation of law or third-party rights, or (iii) your use of the Services.

18. SEVERABILITY

If any provision is found unlawful, void, or unenforceable, it shall be enforced to the maximum extent permitted and the remainder shall remain in full force.

19. WAIVER; ENTIRE AGREEMENT

Our failure to enforce any right or provision is not a waiver. These Terms and any policies posted on the Services constitute the entire agreement between you and us and supersede prior agreements (including prior versions of the Terms). Ambiguities shall not be construed against the drafting party.

20. ASSIGNMENT

You may not assign or transfer these Terms without our prior written consent; any attempt is void. We may assign or transfer these Terms at any time without notice.

21. GOVERNING LAW

These Terms and any separate agreements for the Services are governed by the laws of the State of California, without regard to conflict-of-law rules. Exclusive jurisdiction and venue lie in the state and federal courts located in Orange County, California.

22. HEADINGS

Headings are for convenience only and do not affect interpretation.

23. CHANGES TO TERMS

You can review the current Terms on this page. We may update these Terms by posting changes here. We will notify you of material changes as required by law; changes take effect on the date specified. Your continued use of the Services after changes are posted constitutes acceptance.

24. CONTACT INFORMATION

Questions about these Terms: happylife@tuluc.com

Brand Owner
Hachi Jo Island Corporation
P.O. Box 660337, Arcadia, CA 91006
Email: info@ashitaba.com

Distribution Agent (Seller & Shipper in the U.S.)
Tu Luc International, Inc.
14318 Brookhurst St., Garden Grove, CA 92843
Tel: (714) 676-8310 | Toll-Free: 1 (888) 204-7749
Email: info@ashitaba.com