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Policies

effective 10 April 2009

PRIVACY POLICY
HELP US TO HELP YOU POLICY
REFUND POLICY
RETURN POLICY
PAYMENT POLICY
GENERAL WEB SITE POLICIES

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEB SITE.

LICENSE AND SITE ACCESS

Toraki 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 Toraki.

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 or otherwise exploited for any commercial purpose without express written consent of Toraki. 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 Toraki and our affiliates without express written consent.

You may not use any meta-tags or any other "hidden text" utilizing Toraki's name or trademarks without the express written consent of Toraki. Any unauthorized use terminates the permission or license granted by Toraki. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Toraki so long as the link does not portray Toraki, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Toraki logo or other proprietary graphic or trademark as part of the link without express written permission.

USE OF SITE

Harassment in any manner or form on this site, including via e-mail and chat or by obscene or abusive language is strictly forbidden. Impersonation of others, including a TORAKI or other licensed employee, host, or representative as well as other members or visitors on the site are prohibited.

You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law.

You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.

You may not disrupt, place unreasonable burdens or excessive loads on, interfere with or attempt to gain unauthorized access to any portion of this site, its computer systems, servers or networks. You further agree that by uploading, posting or otherwise transmitting through or to this site any content, you grant to TORAKI, its successors and assigns, a non-exclusive, world-wide, royalty free, perpetual, non-revocable licence to use or distribute such content in any manner otherwise than as stated in TORAKI's Privacy Policy.

PRODUCT DESCRIPTIONS

Toraki and its affiliates attempt to be as accurate as possible. However, Toraki does not warrant that product descriptions or other content of this site is current, or error-free.

DISPUTES

Any dispute relating in any way to your visit to Toraki or to products you purchase through Toraki shall be submitted to confidential arbitration in Toronto, Ontario, Canada except that, to the extent you have in any manner violated or threatened to violate Toraki's intellectual property rights, Toraki may seek injunctive or other appropriate relief in any Province or federal court in the Province of Ontario, and you consent to exclusive jurisdiction and venue in such courts.

Arbitration under this agreement shall be conducted under the rules then prevailing of the Canadian Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.

SITE POLICIES, MODIFICATION, AND SEVERABILITY

Please review our other policies, such as our Pricing and Availability policy, posted on this site. These policies also govern your visit to Toraki. We reserve the right to make changes to our site, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

All users of this site agree that access to and use of this site are subject to the following Terms and Conditions, our Privacy Policy and applicable law. If you do not agree to any of the foregoing, please do not use this site. We suggest you print a copy of this document for your records.

APPLICATION

These Terms and Conditions are applicable to you upon your access or use of any area of or content on this site. These Terms and Conditions may be modified or terminated by TORAKI without prior notice to you at any time for any reason. Any such modification or termination will be effective immediately following the posting or removal of such terms of conditions from this site. You agree to review these Terms and Conditions from time to time and agree that any subsequent use by you of this site following changes or termination to any or the terms or conditions shall constitute your acceptance of all such changes or termination. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination. These Terms and Conditions were last modified on 11 April 2009.

COPYRIGHT

The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under international copyright laws, and is the property of TORAKI. The collective work includes works that are licensed to TORAKI. Copyright 1999 - 2014 TORAKI Trading Company Ltd. ALL RIGHTS RESERVED.

Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with TORAKI or purchasing TORAKI products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with TORAKI or to purchase TORAKI products.

Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited without written permission. You further agree not to change or delete any proprietary notices from materials downloaded from the site. All rights not expressly granted to you are reserved by TORAKI.

COPYRIGHT COMPLAINTS

Toraki and its affiliates respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please follow our Notice and Procedure for Making Claims of Copyright Infringement.

TRADEMARKS

All trademarks, service marks and trade names of TORAKI used herein (including but not limited to the TORAKI name, the Toraki Design, are trademarks or registered trademarks of TORAKI Trading Company Ltd.

DISCLAIMER

THIS SITE AND THE MATERIALS AND PRODUCTS IN THIS SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, TORAKI DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TORAKI DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

TORAKI DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMLINESS, RELIABILITY OR OTHERWISE. THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY

TORAKI SHALL NOT BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS ON THIS SITE OR THE PERFORMANCE OF THE PRODUCTS, EVEN IF TORAKI HAS BEEN ADVISED OF THE POSSIBLITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. TYPOGRAPHICAL ERROS.

In the event a TORAKI product is listed at an incorrect price due to typographical error or error in pricing information received from our agents, TORAKI shall have the right to refuse or cancel any orders placed for product listed at the incorrect price (including shipping charges). TORAKI shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, TORAKI shall issue a credit to your credit card account in the amount of the incorrect price.

TERM; TERMINATION

These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any of them, may be terminated by TORAKI without notice at any time for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.

NOTICE

TORAKI may deliver notice to you by means of electronic mail, a general notice on the site, or by written communication delivered by mail to your address on record in TORAKI's account information.

MISCELLANEOUS

These Terms and Conditions and your use of this site shall be governed by and construed in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein, without regard to conflict of laws provisions thereof. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site shall be in the federal and provincial courts located in Toronto, Ontario. Any cause of action or claim you may have with respect to this site must be commenced within one (1) year after the claim or cause of action arises.

TORAKI's failure to insist upon or enforce strict performance of any provision of these Terms and Conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these Terms and Conditions.

TORAKI may assign its rights and duties under this Agreement to any party at any time without notice to you.

INDEMNIFICATION

You agree to indemnify, defend, and hold harmless TORAKI and its affiliates, and their officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable legal fees, resulting from any violation of these Terms and Conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.

THIRD-PARTY LINKS

In an attempt to provide increased value to our visitors, Toraki may choose various third-party web sites to link to from its own site. However, even if the third party is affiliated with Toraki, Toraki has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Toraki.

Toraki has no responsibility or liability for these independent policies or actions and is not responsible for the privacy practices or the content of such web sites. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Toraki seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work) and may take any such actions as Toraki deems necessary in its sole discretion.

CONFIDENTIALITY & INTERNET TRANSMISSIONS

The transmission of data or information (including communications by e-mail) over the Internet or other publicly accessible networks is not 100% secure, and is subject to possible loss, interception or alteration while in transit.

Accordingly, TORAKI does not assume any liability for any damage you may experience or costs you may incur as a result of any transmissions over the Internet or other publicly accessible networks, such as transmissions involving the exchange of e-mail with us (including those which may contain your personal information). While TORAKI shall take commercially reasonable efforts to safeguard the privacy of the information you provide to TORAKI and treat such information in accordance with its Privacy Policy, in no event will the information you provide to TORAKI be deemed to be confidential, create any fiduciary obligations to you on the part of TORAKI, or result in any liability to you on the part of TORAKI in the event that such information is inadvertently released by TORAKI or accessed by third parties without TORAKI's consent.

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PRIVACY POLICY

Toraki knows that you care how information about you is used and shared, and we appreciate your trust that we will do so carefully and sensibly. This notice describes our privacy policy. By visiting Toraki, you are accepting the practices described in this Privacy Notice.

What Personal Information About Customers Does Toraki Gather

The information we learn from customers helps us personalize and continually improve your shopping experience at Toraki. Here are the types of information we gather.

Information You Give Us:

We receive and store any information you enter on our Web site or give us in any other way. You can choose not to provide certain information, but then you might not be able to take advantage of many of our features including being able to be sized quickly. We use the information that you provide for such purposes as responding to your requests, customizing future shopping for you, improving our products and services, and communicating with you.

Automatic Information:

We receive and store certain types of information whenever you interact with us. For example, like many Web Sites, we use "per-Session Cookies" (see "What about Cookies" section), and we obtain certain types of information when your Web browser accesses Toraki. A number of companies offer utilities designed to help you visit Web sites anonymously. Although we will not be able to provide you with a personalized experience at Toraki if we cannot recognize you, we want you to be aware that these tools exist.

Information from Other Sources:

For reasons such as improving personalization of our service (for example, providing better product recommendations or special offers that we think will interest you), we might receive information about you from other sources and add it to our account information. We also sometimes receive updated delivery and address information from our shippers or other sources so that we can correct our records and deliver your next purchase or communication more easily.

What About Cookies?

There are two different types of Cookies: Those that are "STORED" on your computer and per-Session cookies that are "NOT STORED" on you computer.

We do NOT store Cookies on your hard drive. We find "STORED" cookies to be a little intrusive. We respect your privacy and have opted not to use them for our Web Site.

We do use per-Session Cookies. Do to the inherent "Statelessness" of the Internet, per-Session Cookies are created when you enter a Web Site and are destroyed when you leave a Web Site. These Cookies help the Web Site to manage and persist information that you have already sent us so that you do not have to re-enter information such as your email address and password at every page you visit in our Web Site. These Cookies are "NOT STORED" on your computer.

Does Toraki Share the Information It Receives?

Information about our customers is an important part of our business, and we are not in the business of selling it to others. We share customer information only with the subsidiaries Toraki Trading Company Limited operates with as described below.

Agents:

We employ other companies and individuals to perform functions on our behalf. Examples include fulfilling orders, delivering packages, sending postal mail and e-mail, removing repetitive information from customer lists, analyzing data, providing marketing assistance, processing credit card payments, and providing customer service. They have access to personal information needed to perform their functions, but may not use it for other purposes.

Business Transfers:

As we continue to develop our business, we might sell or buy stores or assets. In such transactions, customer information generally is one of the transferred business assets. Also, in the unlikely event that Toraki Trading Company Limited (Toraki), or substantially all of its assets are acquired, customer information will of course be one of the transferred assets.

Protection of Toraki and Others:

We release account and other personal information when we believe release is appropriate to comply with law; enforce or apply our Conditions of Use and other agreements; or protect the rights, property, or safety of Toraki, our users, or others. This includes exchanging information with other companies and organizations for fraud protection and credit risk reduction.

With Your Consent:

Other than as set out above, you will receive notice when information about you might go to third parties, and you will have an opportunity to choose not to share the information.

How Secure Is Information About Me?

We work to protect the security of your information during transmission by using Secure Sockets Layer (SSL) software, which encrypts information you input. We reveal only the last five digits of your credit card numbers when confirming an order. Of course, we transmit the entire credit card number to the appropriate credit card company during order processing.

It is important for you to protect against unauthorized access to your password and to your computer. Be sure to sign off when finished using a shared computer.

Conditions of Use, Notices, and Revisions

If you choose to visit Toraki, your visit and any dispute over privacy is subject to this Notice and our Conditions of Use, including limitations on damages, arbitration of disputes, and application of the law of the province of Ontario, Canada.

If you have any concern about privacy at Toraki, please send us a thorough description to gis@toraki.com, and we will endeavor to resolve it. Our business changes constantly. This Notice and the Conditions of Use will change also, and use of information that we gather now is subject to the Privacy Notice in effect at the time of use. You should check our Web site frequently to see recent changes.

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HELP US TO HELP YOU POLICY

This is one of the fundamental principles we request of our potential customers. We cannot read your mind, and we do not want to. The aim of this policy is to try and minimize the possibility for confusion over the ordering process.

We request that you provide Toraki with as many body and/or judogi measurements as possible when trying to determine a uniform size for you. While we will try to the best of our ability to get the uniform size correct on the 1st try, we can only reduce the risk of sizing errors if you "help us to help you". This means completing/providing as much information as we request.

We have developed a proprietary tool that permits us to reduce sizing error and try to place you in the best-fitting uniform we have from the options that are available to us.

If the proprietary "Size-me!" tool is unable to determine a "reasonable" size for you (possibly due to extreme measurements), it will request you contact Toraki without being able to order a uniform. A customer service representative will then personally address your requirements and provide you with the available options.

Senseiís Note:

Please do not try to "GUESS" what size your student takes. Your interest should be to provide your student with not only quality instruction, but also assist in the selection of proper equipment. The ten (10) minutes that is required in order to obtain your studentís body measurements are more than compensated by the type of uniform they will receive. Please also view the REFUND POLICY SECTION for information regarding the refunding of Shipping & Handling fees.

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REFUND POLICY

Refunds

If you intend to return an item purchased through Toraki, we kindly request that you CONTACT US FIRST, prior to sending back any product(s). This will permit us to alert our internal operations to "expect" a return and permit the fastest possible service with respect to rectifying the situation.

We give all our purchases a 30-day money back guarantee (less shipping and handling fees) against our products with the exception of non-selection of a toraki "Size-me!" recommended uniform combination (see Refunds of Shipping & Handling fees for Premium label judogis).

Credit Card Refunds

Credits will be placed on the credit card used for the original purchases. Please allow at least two billing cycles for the credit to appear on your statement.

Please note that we can refund shipping costs only if the return is a result of our error. (specifically an incorrect size from the stated invoice size)

Refunds of Shipping & Handling Fees for Premium label judogis

UNFORTUNATELY, WE CANNOT REFUND SHIPPING FEES FOR uniform sizes that we have not recommended. An example of this would be your instructor purchased a uniform on your behalf without using our "Size-me!" Software application, that is, he or she guessed as to what size you should take. If on the other hand, your instructor submitted your body measurements and judogi fit preferences, we would have this on file and it can be easily traced to a particular order. Another example, the Toraki "Size-me!" application recommends a Size 3.0 L (Long) jacket with size 4.0 M (Medium) pants based on your body measurements and fit preferences and you (customer) select a size 3.5 M (Medium) jacket with size 4.0 M (Medium) pants for whatever reason. Usually what happens is that our customers realize that they ordered the wrong size jacket in the end because it is too large and/or the sleeves are too short, etc. rather than take our recommendations. Our "Size-me!" software application was developed to eliminate this problem. We have been using it internally for the past couple of years and it has been refined and rigorously tested. Our sizing is very different from other brand names. A size # 4 of another judogi brand will not necessarily mean that you will take a size # 4 M from our company. Please trust our sizing recommendations.

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RETURN POLICY

This is one (1) of the controls we have had to implement. Our reasoning is quite simple: Who knows the sizing of the Toraki uniforms better than us? We have sized literally thousands of individuals and this has meant individually examining each and every personís measurements in comparison to their judogi preferences/request(s) and comparing it with our product offerings and attempting to satisfy as many of your preferences as possible. We have performed a lot of research and development since our inception (and we will continue to do so in the future). We have refined our products to meet your desired fit preferences all the while complying with the rigid rules and regulations as set forth by the International Judo Federation on judogi fit. Please remember that we view a judogi as equipment and not as a garment. There is a big distinction between the two.

Packing and Sending Your Return

Once you have contacted our customer service department for information on how to proceed with returning an item and obtained the necessary information, please wrap the package securely, and ship the package to the address on the shipping label.

Lost Your Packing Slip?

If you do not have your packing slip and can't access our Returns Center to obtain a shipping label, please indicate the order number or the e-mail address and name of the person who purchased this order, along with the reason for your return on a separate piece of paper, and send the package to the following address:

Pacillos (attn: Toraki)
3493 Sheridan
Amherst, NY
14226

To return an item via parcel service:

1. Retrieve the packing list that came with your order.

2. On the Return Form, note the reason for the return: doesn't fit; flawed; defective; damaged during shipping; returning a gift; wrong item shipped; not as expected...

3. Pack and seal your return securely (in the original package if possible) and include the Return Form. Packages must be returned freight prepaid. We cannot accept C.O.D. deliveries. We recommend the use of an insured parcel service such as UPS.

4. All returns will be refunded to your original purchase credit card.

5. If you do not have your original packing list, please provide appropriate details for returning the product also; please reference your original order number.

Problems, Questions, Concerns?

If you have any problems, questions or concerns with your order, please e-mail us at gis@toraki.com

Canceling an Order:

Want to cancel any of your open orders? Log in to Your Account. You may cancel an order provided that it has not yet entered the shipping process.

From Your Account, follow the "Order Tracking" link to your Order History and select an order. If the order has NOT entered the shipping process, a "Cancel Order" button we appear at the bottom of each Order Summary page.

Orders by fax, e-mail and paper gift certificates cannot be cancelled through Your Account. If you wish to proceed with a cancellation request an order, please email us at gis@toraki.com and let us know how you would like to change your order. We will do our best to fulfill your request.

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PAYMENT POLICY

It is company policy for all orders to be paid in advance.

Methods of payment

We currently accept the following methods of payment:

  • Visa (Online, Fax or Phone)
  • MasterCard (Online, Fax or Phone)
  • American Express (Online, Fax or Phone)
  • PayPal (Online)
  • Cheque (Mail)
  • Wire Transfer (Email us for the details)

Payment by credit card

Toraki accepts secure payment online and you may also fax us your Credit Card information along with your order to:

Fax: 001 - 905 - 707 - 8483

Payment by Paypal

We send a separate paypal email request to you AFTER we have confirmed stock availability.
This avoids any consumer disappointment and angst over pre-processed paypal requests.

Currency of Payment

All orders will be processed in US Dollars.

Duties and Taxes

  • U.S. Customers:

    Yes, only if you are a New York State resident. FOR NEW YORK STATE RESIDENTS ONLY, please add applicable New York State Tax (for your county) on top of the purchase price and shipping charges.

  • All Other Countries:

    We will not charge taxes but YOU WILL BE RESPONSIBLE for paying any DUTIES and TAXES that are applicable for your country.


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