Terms of service

Terms and Conditions

Last Modified: April 27th, 2023

THE INFORMATION CONTAINED IN THESE TERMS AND CONDITIONS SETS FORTH YOUR RIGHTS AND OBLIGATIONS WITH RESPECT TO YOUR USE OF – AND ANY TRANSACTION(S) ATTEMPTED OR COMPLETED THROUGH – https://goods.bonsaimirai.com/ (THE "site").  THESE TERMS REQUIRE THE USE OF ARBITRATION (ON AN INDIVIDUAL BASIS ONLY; I.E., CASE CONSOLIDATIONS AND CLASS-ACTIONS ARE NOT PERMITTED) TO RESOLVE DISPUTES. PLEASE REVIEW THIS DOCUMENT IN ITS ENTIRETY BEFORE USING THE SITE OR ENTERING INTO ANY TRANSACTION THROUGH THE SITE. YOU MAY NOT ORDER OR OBTAIN PRODUCTS OR SERVICES FROM THE SITE UNLESS YOU: (A) AGREE TO THESE TERMS AND CONDITIONS IN THEIR ENTIRETY; (B) ARE AT LEAST 18 YEARS OLD; AND (C) ARE NOT PROHIBITED FROM ACCESSING OR USING THE SITE OR ANY OF THE SITE'S CONTENTS, GOODS, OR SERVICES BY ANY APPLICABLE LAW, RULE, OR REGULATION.

  1. Applicability of Terms and Conditions: These terms and conditions (these "Terms") apply to your use of – and any purchase of products and services through – https://goods.bonsaimirai.com/ (the "Site"). These Terms are subject to change at any time without prior written notice by International Bonsai Mirai, LLC (referred to herein as either "Company," "we,", "us," or "our"). The most recent version of these Terms will be posted for your review on the Site. Please review these Terms in their entirety before using the Site or engaging in any transaction on the Site. Your continued use of the Site after any posting of updated Terms (which will be dated as of their most recent update) constitutes your acceptance of and agreement to any changes made.
  2. Online Orders; Display of Goods: When placing an order on our Site, you are effectively offering to purchase whatever products and services you select. We reserve the right to accept or reject any order in our own discretion. If we elect to accept your offer, you will receive a confirming email at the email address that you provide at such time. But please note that we reserve the right to cancel any order once accepted by us (as evidenced by a confirming email) at any time in our sole discretion. You may cancel your order at any time before we send you the confirming email referenced above. 
    Live Plant Material. Buyer acknowledges that the Goods consist of or include live plant material and that, notwithstanding Seller’s knowledge and experience, live plant material is influenced and can be negatively affected or killed by elements outside of Seller’s control, including, without limitation, weather, pests, disease, and human error. Buyer understands that a trained, knowledgeable, experienced caretaker is required to keep the Goods healthy and alive, as bonsai cultivation and maintenance is an inherently delicate endeavor. Buyer covenants that Buyer has appropriate training, knowledge, or experience or will, at all times, retain the services of someone who does.
    Please also note that, while we use reasonable efforts to accurately and completely display goods available for sale on our Site, the exact appearance of such goods may be different in person than on the Site. For example, the color displayed through your computer monitor may differ than the in-person color. We are not responsible for such variations, and you assume all risks. If you would like additional images of a product you are considering purchasing, you may make that request by emailing info@bonsaimirai.com.
  3. Payment Terms: All applicable prices are set forth alongside the goods and services offered on the Site. Such prices are subject to change at any time by us in our sole discretion. You will be responsible for the prices stated at the time of your transaction, as well as any: (i) sales, use, excise, and related taxes; and (ii) shipping and handling charges. Payment may only be made with a valid credit, debit card, or use of a bona-fide electronic payment provider (i.e., PayPal). By using any such card or payment provider, you are hereby representing and warranting your full right and authority to make such purchase in the manner elected without violating any applicable law, rule, or regulation.
  4. Shipping Information: It is our responsibility to ship your accepted order to you at the address you provide when making the order. You will be responsible for all associated shipping and handling charges. While we agree to use reasonable efforts to meet the shipping and delivery dates provided online, we are not responsible for any delays in shipments.
    Orders are generally shipped within 5 business days of order. A tracking link will be sent to the email provided at checkout once the order ships. Large ceramics, all furniture, all tree stands, and other large orders may take an additional 2-3 business days due to custom packaging needed to ensure the safe delivery of your order.
  5. If any of the foregoing dates fall on a Saturday, Sunday, or United States federal holiday, the deadline will be moved to the day last business day before the deadline set forth above. For example, if December 9 falls on a Sunday, the deadline for USPS Priority Mail and UPS Ground orders will become Friday December 7. 

    At this time, we ship anywhere in the United States and the following international locations:
  • Australia, Canada, China, India (36 of 37 states), Kuwait, and New Zealand.
  • Europe: Åland Islands, Albania, Andorra, Armenia, Austria, Belarus, Belgium, Bosnia & Herzegovina, Bouvet Island, Bulgaria, Croatia, Cyprus, Czechia, Denmark, Estonia, Faroe Islands, Finland, France, Georgia, Germany, Gibraltar, Greece, Greenland, Guadeloupe, Guernsey, Spain, Vatican City, Hungary, Iceland, Ireland, Isle of Man, Italy, Jersey, Kosovo, Latvia, Liechtenstein, Lithuania, Luxembourg, North Macedonia, Malta, Mayotte, Moldova, Monaco, Montenegro, Netherlands, Norway, Poland, Portugal, Réunion, Romania, San Marino, Serbia, Slovakia, Slovenia, Svalbard & Jan Mayen, Turkey, and Ukraine.
  1. Returns: Our return policy varies on the item(s) purchased. All ceramics and trees are final sale: no returns are allowed. Tools, supplies, and apparel can be returned, unused and unworn, within 30 days of shipment receipt, for a refund of the purchase price only. Paid shipping fees will not be refunded. You are responsible for all costs, fees, taxes, and duties associated with return shipping.

Once the authorized returned goods are received by us, we will refund your purchase price, less the original shipping and handling charges. We reserve the right to charge you a 20 percent re-stocking fee. You bear the risk of loss or damage during shipment and as such, you are advised to obtain appropriate insurance. Your refund will be credited back to the same payment method used to make the applicable purchase.

  1. Representations and Warranties; Disclaimers; Limitations on Liability:
    • Buyer's Representations and Warranties. You represent and warrant to us: (i) that you have the right to enter into any transaction you initiate, and that you will not through any such transaction or receipt of goods purchased through the Site violate these Terms, any applicable law, rule, or regulation, and/or any agreement with, or rights of, any third party; (ii) that you will use the goods and services purchased exactly as authorized and never in any way that would violate any applicable law or third party right of any kind; and (iii) that you are buying goods or services from the Site for solely your own use, and not for resale and/or export.
    • Company's Limited Warranty: We represent and warrant to you that any goods purchased by you on the Site, when used specifically as authorized by us and without modification thereto, will conform in all material respects to: (i) the specifications set forth on the Site, and (ii) any instructions that we provide you upon delivery of the goods. Notwithstanding the foregoing, this warranty does not apply when the goods are subject to: negligence, misconduct, misuse, abuse, accident, improper installation or handling, unusual environmental conditions, or other extreme stress, alteration, repair by anyone other than us (or one of our authorized representatives), use with any third-party product or service (other than as specifically authorized in advance by us), or use in violation of any provided-for instructions. Notwithstanding the foregoing, any products manufactured by a third party and incorporated in any goods you purchase are not covered by this limited warranty. We further warrant to you that we will perform any services purchased through the Site using personnel of all required skill, experience, and qualifications and in a professional manner in accordance with generally recognized industry standards for similar services in order to meet our obligations under these Terms. Your sole remedy with respect to a breach of our warranties will be to inform us, in writing, of your desire to exercise this limited warranty, along with a sufficiently detailed explanation of your reason(s), so that we may either: (i) repair or replace the goods in question (or re-perform the services, as applicable); or (ii) credit or refund your purchase price. In such instance, restocking fees will not We retain the discretion to select which cure option to pursue, and we will be responsible for shipping and handling charges associated with resending replacement goods (and will also be responsible for their risk of loss in transit during such time), if and as applicable. Any claim made by you under these Terms must be made within 30 days of delivery or it will be waived. We reserve the right to verify any claim. This warranty period is not extended if we have to repair or replace a warranted product or re-perform a warranted service. This limited warranty extends only to you as the original purchaser of our products and services from our Site (i.e., and not to any subsequent owner or beneficiary of any goods or services received hereunder). To obtain warranty service, please contact info@bonsaimirai.com. If for any reason you believe in good faith that we have not fulfilled our obligations hereunder, you are entitled to follow the dispute resolution procedures set forth in Section 11 below.
    • Limitation on Warranties: Except as expressly stated above, we disclaim any and all warranties, express or implied, including without limitation the warranties of merchantability, fitness for a particular purpose, title, or warranty against infringement of intellectual property rights of a third party.
    • Sole and Exclusive Remedies/Liability Cap: SUBJECT TO APPLICABLE LAW, THE REMEDIES SET FORTH ABOVE ARE YOUR SOLE AND EXCLUSIVE REMEDIES, AND OUR ENTIRE OBLIGATION AND LIABILITY, FOR ANY BREACH OF OUR LIMITED WARRANTY. SUBJECT TO APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL COMPANY'S OBLIGATION OR LIABILITY UNDER THESE TERMS EXCEED THE PURCHASE PRICE YOU PAID ON THE SITE FOR ANY GOODS OR SERVICES. ADDITIONALLY, SUBJECT TO APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL WE BE LIABLE FOR ANY LOSS OF USE, DATA, BUSINESS, GOODWILL, REPUTATION, OR REVENUE, AND/OR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, OR OTHER DIRECT OR INDIRECT LOSSES OF ANY KIND.

      SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OF WARRANTIES OR DAMAGES SET FORTH IN THIS SECTIOIN, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
  2. Privacy Policy: Please review our Privacy Policy, which can be found at [https://goods.bonsaimirai.com/policies/privacy-policy]. The Privacy Policy governs our processing of all personal information that we may collect from any person through the use of our Site.
  3. Third-Party Beneficiaries; Third-Party Sites: These Terms are for your sole benefit and nothing in these Terms, express or implied, is intended to or will confer upon any other person or entity any legal or equitable right, benefit, or remedy of any nature whatsoever under or by reason of these Terms. The Site may contain links to third-party websites or services that are not owned or controlled by International Bonsai Mirai, LLC. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third party websites or services. You acknowledge and agree that we will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods, or services available on or through any such websites or services.
  4. Force Majeure: Company will not be held responsible for delays or non-performance caused by activities or factors beyond its reasonable control, including without limitation, war, weather, strikes, floods, lockouts, fires, acts of God, epidemics or pandemics, terrorism, and/or delivery, vendor, supplier, or other third party delays, non-performance, or failures of any kind.
  5. Partial Invalidity: If any part or portion of these Terms is deemed to be invalid, illegal, or unenforceable, the remaining provisions will continue in full force and effect.
  6. Governing Law/Binding Arbitration:
    • Governing Law: These Terms shall be governed by the laws of the State of Oregon, United States, without regard to its conflict of laws principles.
    • Binding Arbitration: Any claim, dispute, or controversy of any kind or nature arising out of these Terms which cannot be amicably resolved by us will be solely and finally settled by confidential arbitration before a single arbitrator and administered by the Arbitration Service of Portland, Inc., in accordance with its then-effective arbitration rules. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction. The arbitration will take place in Portland, Oregon, United States. The language of the arbitration will be English. The arbitrator will be bound to adjudicate the dispute in accordance with the laws of the State of Oregon. With respect to any arbitration, you hereby expressly waive any right to consolidate any claim and/or participate in any class-action claim of any kind or nature. Nothing in this Section prohibits either party from seeking immediate equitable relief (e.g., an injunction) from a court pending resolution through arbitration.
  7. Indemnification: You agree to indemnify, defend, and hold International Bonsai Mirai, LLC (together with its affiliates, agents, members, managers, and employees), harmless 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 or the documents they incorporate by reference, or your violation of any law, rule, regulation, or the rights of any third-party.
  8. No Waivers: Our failure to enforce any of our rights under these Terms will not constitute a waiver of our right to make such enforcement in the future.
  9. Notices: We may provide notices hereunder to you by: (i) email; (ii) regular mail; or (iii) posting them on the Site. You are responsible for ensuring that you have provided us with your current email and mailing addresses. You can contact us at any time by email to info@bonsaimirai.com.
  10. Entire Agreement: These Terms, along with the confirmation email referenced in Section 2 above, any instructions that we provide you relating to any product or service you obtain from us through the Site, and our Privacy Policy, constitute the complete agreement between us related to your use of the Site and any purchases made through the Site.