Terms of service

Terms of Service

Vibe Vintage Tokyo Inc.

Effective Date: [Insert Date]

THESE TERMS OF SERVICE CONTAIN A MANDATORY ARBITRATION PROVISION AND (TO THE FULLEST EXTENT PERMITTED BY LAW) A CLASS ACTION WAIVER. THEY AFFECT YOUR LEGAL RIGHTS. PLEASE READ CAREFULLY.

Vibe Vintage Tokyo Inc. ("Vibe Vintage Tokyo," "we," "us," or "our") operates an online marketplace for authenticated luxury resale items. These Terms of Service ("Terms") govern your access to and use of our website (currently available at https://www.vibevintagetokyo.com), any other websites that link to these Terms, and any associated features, functionalities, user interfaces, downloads, mobile applications, content, and other online services that we operate or control (collectively, the "Service").

BY CREATING AN ACCOUNT, ACCESSING OR USING THE SERVICE, OR OTHERWISE INDICATING YOUR ASSENT TO THESE TERMS, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THESE TERMS AND HAVE THE LEGAL AUTHORITY TO ENTER INTO THEM (ON BEHALF OF YOURSELF OR THE ENTITY YOU REPRESENT). IF YOU DO NOT AGREE TO THESE TERMS, OUR PRIVACY POLICY, AND ANY ADDITIONAL TERMS THAT APPLY, YOU MAY NOT ACCESS OR USE THE SERVICE.

These Terms incorporate our Privacy Policy (available at https://vibevintagetokyo.myshopify.com/policies/privacy-policy) ("Privacy Policy"). 

1. Eligibility

To use the Service, you must be 18 years of age or older and capable of forming a binding contract under the laws of your province/territory of residence. You may not have more than one active account (an "Account"). You may not sell, transfer, or assign your Account to another party. If your Account has been suspended or terminated by us for any reason, you are not permitted to access the Service.

2. Privacy

By accessing or using the Service, you acknowledge and accept our Privacy Policy, which describes how we collect, use, disclose, and protect your personal information in accordance with applicable Canadian privacy laws (including, as applicable, the Personal Information Protection and Electronic Documents Act ("PIPEDA") and substantially similar provincial privacy statutes). For inquiries, you may contact us at info@vibevintagetokyo.com.

3. Content License; Ownership

3.1 Content

The Service contains: (a) materials and other items relating to us and our products and services, and similar items from our licensors and other third parties, including digital content, products, services, and materials that may be developed or otherwise made available from time to time, and the compilation, assembly, and arrangement of such materials; (b) trademarks, logos, trade names, trade dress, service marks, and trade identities (collectively, "Marks"); and (c) other forms of intellectual property (collectively, "Content").

3.2 Limited License

Content is licensed, not sold, to you. Subject to your strict compliance with these Terms and any Additional Terms, we grant you a limited, non-exclusive, revocable, non-assignable, non-sublicensable, personal, non-transferable license to view and display the Content on supported devices for your personal use or internal business purposes solely through the Service (the "Limited License"). The Limited License will remain in effect until terminated by you or us.

3.3 Ownership

All right, title, and interest in and to the Service and Content are owned by us, our licensors, or other rights holders and are protected by applicable Canadian and international laws. Except as expressly stated in these Terms, we and our licensors reserve all rights in and to the Service and Content.

4. Your Account

4.1 Account Security

To access certain features, you may need to create an Account or use third‑party credentials (e.g., Google, Facebook). You represent and warrant that all information you provide is accurate, current, and complete and you will keep it updated. If any information is false, inaccurate, outdated, incomplete, or violates these Terms, the Privacy Policy, Additional Terms, or applicable law, we may suspend or terminate your Account and refuse current or future use of the Service. You are solely responsible for maintaining the confidentiality of your credentials and for all activities that occur under your Account, whether or not authorized by you. Notify us immediately of any unauthorized use or security breach. We are not liable for any loss or damage arising from your failure to comply with this Section.

4.2 Account Authorization for Companies

If you register an Account on behalf of a company, organization, entity, or brand (a "Company"), then "you" and "your" refer to both you and the Company. You represent and warrant that you are authorized to bind the Company to these Terms and any Additional Terms.

5. User‑Submitted Postings

5.1 General

The Service (including through third‑party platforms like Instagram or Facebook) may allow you to create, post, upload, display, publish, transmit, broadcast, share, or otherwise make available messages, text, illustrations, files, images, graphics, photographs, ratings, reviews, questions, products, listings, descriptions and images of goods or services, resources, or other information or materials (collectively, "Postings"). We are under no obligation to screen, edit, or monitor Postings and assume no responsibility or liability for them. We may remove Postings at any time with or without notice for any reason.

In connection with any purchase or sale you make on the Service, you grant us permission to use any feedback, reviews, or quotes you provide regarding your item(s) (each, a "Quote") for marketing or promotional purposes. We may display your Quote in product listings or other promotional material, using your first name and last initial, along with your city and province (e.g., "Jane D., Vancouver, BC"). We may edit Quotes for clarity or brevity without misrepresenting their meaning. You may request removal of your Quote at any time by contacting info@vibevintagetokyo.com.

5.2 Restrictions

You are responsible for Postings you submit, including their legality, reliability, appropriateness, originality, and copyright. Each time you submit a Posting, you represent and warrant that the Posting does not:

  • infringe intellectual property or privacy/publicity rights, disclose confidential or proprietary information, or violate any law;

  • contain viruses, malware, corrupted data, or harmful code;

  • impersonate any person or entity or misrepresent your affiliation;

  • include personal information of others without their consent (except where we expressly request such information);

  • purport to speak on behalf of Vibe Vintage Tokyo (unless you are an authorized spokesperson);

  • consist of repetitive messages, chain letters, unsolicited promotions, political campaigning, or other spam; or

  • otherwise be objectionable in our sole judgment or restrict/inhibit others from using or enjoying the Service, or expose us or others to harm or liability.

5.3 Postings License

You grant us a perpetual, irrevocable, worldwide, royalty‑free, transferable, non‑exclusive, fully paid, sublicensable (through multiple tiers) license to use, copy, reproduce, distribute, publicly display, modify, adapt, publish, translate, sell, resell, create derivative works from, and otherwise exploit your Postings (and derivative works) for any lawful purpose. To the fullest extent permitted by law, you waive any moral rights in your Postings and agree not to assert them in a manner that interferes with our rights.

5.4 Publicity License

To the extent your name, image, likeness, or voice appears in Postings, you grant us the unrestricted, worldwide, royalty‑free, perpetual right and license to use them without compensation.

5.5 Non‑Confidentiality

Postings and associated information (e.g., your username or photos) may be visible to others. Your Postings will be treated as non‑confidential and will not be returned.

6. Prohibited Conduct

You will not:

  • sell, rent, lease, distribute, or sublicense any rights to the Service;

  • remove or modify proprietary notices or make derivative uses of the Service not expressly permitted;

  • create unauthorized links to, frame, or mirror the Service;

  • use data‑mining, robots, or similar tools, or bypass our robots.txt or other access controls;

  • use our Marks as metatags or otherwise without permission;

  • use another user’s Account without authorization;

  • interfere with or disrupt the Service or our infrastructure, or burden them unreasonably;

  • reverse engineer any aspect of the Service or attempt to discover source code;

  • attempt to circumvent content‑filtering or access restrictions;

  • copy, download, redistribute, record, broadcast, or publicly display any part of the Service except as permitted;

  • develop or use third‑party applications that interact with the Service without our prior written consent; or

  • violate any applicable laws, regulations, or industry standards.

7. Authentication and Brands

Our product authentication process is conducted in‑house by our team. Brands identified on or through the Service: (i) are not involved in authenticating products sold through the Service; and (ii) do not assume responsibility for any products purchased through the Service. Brands sold via the Service are not partners or affiliates of Vibe Vintage Tokyo unless expressly stated. We cooperate with brands and law enforcement seeking to track the source of counterfeit items, which may include disclosing consignor information when required by law, court order, or lawful authority. We may also disclose consignor information in relation to products challenged as infringing, unapproved, suspicious, potentially stolen, or offered for sale in an unauthorized geographic market when required by law.

8. Disclaimer of Warranties

YOUR ACCESS TO AND USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON‑INFRINGEMENT, SECURITY, OR ACCURACY. WE DO NOT WARRANT THAT THE SERVICE WILL BE ERROR‑FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THIRD‑PARTY MATERIALS ARE PROVIDED "AS IS" WITHOUT ANY REPRESENTATION OR WARRANTY.

9. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, VIBE VINTAGE TOKYO AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, PARTNERS, SERVICE PROVIDERS, SUCCESSORS, AND ASSIGNS (COLLECTIVELY, THE "VIBE VINTAGE TOKYO PARTIES") WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, GOODWILL, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH THE SERVICE OR THESE TERMS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

EXCEPT AS MAY BE PROVIDED IN ANY ADDITIONAL TERMS AND TO THE FULLEST EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF THE VIBE VINTAGE TOKYO PARTIES FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE WILL NOT EXCEED THE GREATER OF (A) ONE THOUSAND CANADIAN DOLLARS (CAD $1,000.00), OR (B) THE AMOUNT WE HAVE ACTUALLY RECEIVED AS A RESULT OF SELLING YOUR PROPERTY THROUGH THE SERVICE IN THE TWELVE (12) MONTHS PRECEDING THE DATE THE CLAIM AROSE.

THE FOREGOING LIMITATIONS WILL NOT APPLY TO LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW (E.G., FOR FRAUD, WILFUL MISCONDUCT, OR INJURY CAUSED BY GROSS NEGLIGENCE).

10. Indemnity

To the fullest extent permitted by law, you will indemnify, defend (at our option), and hold the Vibe Vintage Tokyo Parties harmless from and against any and all claims, demands, actions, investigations, governmental inquiries, proceedings, losses, liabilities, damages, fines, penalties, costs, and expenses (including reasonable legal fees) arising out of or relating to: (a) your access to or use of the Service or any third‑party materials; (b) your breach of these Terms or any Additional Terms; (c) your Postings and our use of information you submit; and/or (d) any fraud, misrepresentation, intentional misconduct, gross negligence, or violation of law by you. We may assume control of the defense or settlement of any claim; you will cooperate with us. You will not settle any claim without our prior written consent. If you are a Company, your obligations extend to acts and omissions of your employees, contractors, and agents.

11. Force Majeure

We will be excused from performance under these Terms to the extent prevented or delayed by events beyond our reasonable control, including acts of God, extreme weather, war, terrorism, insurrection, civil disorder, epidemics/pandemics, embargoes, labour disputes or strikes, power outages, or failures of third‑party service providers. If shipment of a purchased item is temporarily delayed due to such an event, you may elect to defer shipment or receive a refund in accordance with our then‑current policies.

12. Dispute Resolution; Mandatory Binding Arbitration; Class Action Waiver (Canada)

PLEASE READ THIS SECTION CAREFULLY. IT REQUIRES, WITH LIMITED EXCEPTIONS, THAT DISPUTES BE RESOLVED BY BINDING ARBITRATION ON AN INDIVIDUAL BASIS.

12.1 Scope

Any dispute, claim, or controversy between you and us arising out of or relating to these Terms, the Service, or our relationship (whether in contract, tort, statute, misrepresentation, or any other legal theory) (each, a "Dispute") will be resolved as set out below.

12.2 Amicable Resolution

Before commencing arbitration, the parties will attempt in good faith to resolve any Dispute informally. You may notify us at info@vibevintagetokyo.com or by mail to Vibe Vintage Tokyo Inc., [Insert Canadian Business Address] describing the Dispute and relief sought. The parties will have sixty (60) days from receipt of the notice to resolve the Dispute.

12.3 Binding Arbitration (ADRIC Rules; Seat in British Columbia)

Except for Disputes that may be brought in small claims court (see 12.4) or for injunctive relief (see 12.5), any Dispute not resolved within the 60‑day amicable resolution period will be referred to and finally resolved by confidential binding arbitration administered by the ADR Institute of Canada, Inc. ("ADRIC") under its Arbitration Rules, as amended by this Section. The seat/place of arbitration will be Vancouver, British Columbia, the language will be English, and the arbitration will be conducted by a single arbitrator. The arbitration may be conducted by videoconference or teleconference unless the arbitrator determines an in‑person hearing is appropriate. The arbitrator may award individual relief permitted by law.

12.4 Small Claims Court Option (Canada)

If you are an individual consumer, you may elect to bring a Dispute in the small claims court of your province/territory of residence (or British Columbia if you reside outside Canada) instead of arbitration, provided the claim is brought on an individual basis and within that court’s jurisdictional limits.

12.5 Injunctive Relief

Notwithstanding the foregoing, either party may seek temporary, interim, or injunctive relief in a court of competent jurisdiction to protect its rights pending arbitration.

12.6 Class Action Waiver (to the Extent Permitted)

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ARBITRATION AND LITIGATION OF DISPUTES WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION AGAINST US. IF A COURT OR ARBITRATOR DETERMINES THAT THIS WAIVER IS UNENFORCEABLE WITH RESPECT TO A PARTICULAR CLAIM, THAT CLAIM (AND ONLY THAT CLAIM) WILL PROCEED IN COURT AND NOT IN ARBITRATION.

12.7 Severability

If any portion of this Section is found unenforceable, it will be severed and the remainder will continue in full force. If the class action waiver is unenforceable with respect to a claim, that claim will proceed in court; other claims will proceed in arbitration.

13. Governing Law and Venue (Canada)

These Terms and any Dispute are governed by the laws of the Province of British Columbia and the federal laws of Canada applicable therein, without giving effect to conflict‑of‑law principles. Subject to Section 12, the parties submit to the exclusive jurisdiction of the courts of British Columbia, sitting in Vancouver, for any non‑arbitrable matter.

The United Nations Convention on Contracts for the International Sale of Goods does not apply.

14. Electronic Communications (CASL Consent)

14.1 Express Consent

By creating an Account or otherwise providing your email address and/or mobile number, and by communicating with us electronically (including via the Service), YOU CONSENT TO RECEIVE ELECTRONIC COMMUNICATIONS FROM US AND OUR AFFILIATES in accordance with Canada’s Anti‑Spam Legislation ("CASL"). These communications may include transactional notices (e.g., order updates, security alerts) and, if you opt in, marketing communications about our products and services.

14.2 Opting Out

You may opt out of marketing emails by using the unsubscribe link in any email, adjusting your Account settings, or contacting info@vibevintagetokyo.com. For SMS (where available in Canada), reply STOP to opt out. Standard message/data rates may apply from your carrier. Transactional or service‑related communications may still be sent as permitted by law.

15. Payment and Billing

We may make available the ability to purchase products or services through the Service (each, a "Transaction"). To complete a Transaction, you may be asked to supply payment details (e.g., credit/debit card or other acceptable methods), billing address, and shipping information. You authorize us (or our third‑party payment processor) to charge your selected method for the total amount of the Transaction (including applicable taxes and charges). If a payment method is invalid or cannot be processed, your order may be suspended or cancelled. You may update payment information in your Account. You represent that any products or services purchased will be used in a lawful manner.

Payment processing may be provided by third‑party processors. By using such services, you agree to their applicable terms and policies.

16. Third‑Party Materials and Linked Sites

The Service may display or link to content, data, information, applications, plugins, products, services, listings, descriptions and images of goods or services, resources, or materials from third parties ("Third‑Party Materials"). Your interactions with Third‑Party Materials are governed by those third parties’ terms and privacy policies. You will not use Third‑Party Materials in a manner that infringes others’ rights.

17. Changes to These Terms

We may modify these Terms from time to time in our discretion. Updates will be posted on the Site and are effective when posted unless otherwise stated. Where required by law, we will provide additional notice and/or seek your consent. Your continued use of the Service after changes become effective constitutes acceptance of the revised Terms.

If we make changes to our Privacy Policy, we will follow the process described in that policy. For questions, contact info@vibevintagetokyo.com or write to Vibe Vintage Tokyo Inc., [Insert Canadian Business Address].

18. Procedure for Claims of Copyright Infringement (Canada)

We respect the intellectual property rights of others and expect users to do the same. We may disable or terminate Accounts of users who infringe or are believed to infringe the rights of others. If you believe material on the Service infringes your copyright, please send a notice (a "Copyright Notice") to our designated agent with the following information:

  1. A subject line reading: "Copyright Notice";

  2. Your electronic or physical signature (or the signature of a person authorized to act for the rights holder);

  3. Identification of the copyrighted work claimed to have been infringed, or a representative list if multiple works are involved;

  4. Identification of the material claimed to be infringing and information reasonably sufficient to permit us to locate it (including the URL);

  5. Your name, mailing address, telephone number, and email address; and

  6. A statement that you have a good‑faith belief the disputed use is not authorized by the copyright owner, its agent, or the law; and a statement that the information in the notice is accurate and, under penalty of perjury, that you are the owner of the copyright or authorized to act on the owner’s behalf.

Designated Copyright Agent (Canada):
Vibe Vintage Tokyo Inc.
[Insert Canadian Business Address]
Email: info@vibevintagetokyo.com

If we remove or disable access to material following a Copyright Notice, the user may submit a counter‑notification with sufficient detail demonstrating a mistake or misidentification. We may, in our discretion and where appropriate under Canadian law (including the “notice‑and‑notice” regime), forward notices to the alleged infringer.

Please note: Knowingly misrepresenting that material is infringing—or that material was removed by mistake—may result in liability.

19. Modification or Termination of Service

We may, without notice and in our sole discretion, modify, suspend, or discontinue the Service (or any part of it) or Content at any time. We may also limit services to you (including returns privileges) or suspend/terminate your access for abusive behaviour, suspected fraud, or violations of these Terms. We are not liable for any loss related to your inability to access or use the Service.

20. Return Policy – All Sales Final

ONCE YOU HAVE AGREED ON THE FINAL OFFER TO PURCHASE, THE TRANSACTION IS COMPLETE. ALL SALES ARE FINAL. NO REFUNDS, RETURNS, OR CREDITS ARE PERMITTED, EXCEPT where required by applicable consumer protection laws or where we, in our sole discretion, agree to an exception on a case‑by‑case basis. This policy does not limit any rights you may have under applicable law with respect to defective, misdescribed, or counterfeit goods.

21. Notices

All notices under these Terms must be in writing. If you have questions, comments, or wish to terminate this Agreement, please contact:

Vibe Vintage Tokyo Inc.
[Insert Canadian Business Address]
Email: info@vibevintagetokyo.com

We will provide notices to you at the email or physical address you provide. You are responsible for keeping your contact information accurate and current. Electronic communications satisfy any legal requirement that such communications be in writing.

22. Miscellaneous

If any provision of these Terms is found invalid or unenforceable, the remaining provisions will remain in full force. Section headings are for convenience only. Our failure to enforce any provision is not a waiver. Except as expressly provided, there are no third‑party beneficiaries. These Terms, the Privacy Policy, and any Additional Terms constitute the entire agreement between you and us regarding the Service and supersede prior agreements. No joint venture, partnership, employment, or agency relationship exists between you and us as a result of these Terms or your use of the Service. You are responsible for obtaining access to the Service, and your access may involve third‑party fees (e.g., internet or data charges). You must provide and are responsible for all equipment necessary to access the Service.

Your rights and obligations under these Terms may not be assigned without our prior written consent; any prohibited assignment is void. These Terms will inure to the benefit of and be binding upon the parties and their respective successors and permitted assigns. Any provisions that by their nature should survive termination (including payment obligations, intellectual property, disclaimers, limitations of liability, indemnities, governing law, dispute resolution, and returns) will survive.

23. Sales Tax (Canada)

Purchases may be subject to GST/HST and, where applicable, PST/QST or other taxes. It is your responsibility to ascertain and pay all taxes due. If you claim an exemption, you must provide appropriate documentation prior to release of property. We may display an estimated tax at checkout; the final amount may be updated upon order completion.

24. Packing and Shipping

You are responsible for all shipping costs and fees. At your expense, we may provide or coordinate packing, handling, insurance, and shipping services for items purchased from us. Any such instruction—whether or not made at our recommendation—is entirely at your risk, and we are not liable for acts or omissions of third‑party packers or shippers. Title and risk of loss pass as set out in your order confirmation or, if not specified, upon delivery by the carrier.

Contact Us
General Support: info@vibevintagetokyo.com
Legal/Notices: info@vibevintagetokyo.com
Privacy: info@vibevintagetokyo.com