Last Updated as of Aug 12, 2025
Thank you for visiting our website, http://h-moser.azuki.com/ (“Site”) owned and operated by Azuki Labs, Inc. (“Azuki”, “Company”, “us” or “we”). Site and other software, media channels, or applications connected thereto are made available to you in accordance with the following terms and conditions (these “Terms”). It is important that you read these Terms carefully (including Part 2 below which sets forth the general conditions of sale with respect to the limited sale of Moser watches on the Site), as your use of the website will automatically constitute your agreement to be legally bound by the terms and conditions set out herein. By using our Site, you agree to the Terms. We may change or update these Terms, so please check this page regularly. We do not represent or warrant that the information on our Site is accurate, complete, or current. This includes pricing and availability information. We reserve the right to correct any errors or omissions, and to change or update information at any time without prior notice. Our website is intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use our website.
Part 1: General Provisions
Our website is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, and graphics on the website (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights. The Content and the Marks are provided on the Site “AS IS” for your information and personal use only. Except as expressly provided in these Terms or under an applicable license on our website, no part of the website and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose, without our express prior written permission. Provided that you are eligible, you are granted a limited license to access and use the website solely for your personal, non-commercial use. We reserve all rights in and to the website, the Content, and the Marks.
Site Representations and Warranties
By using the website, you represent and warrant that: (1) you have the legal capacity and you agree to comply with these Terms; (2) you are not a minor in the jurisdiction in which you reside; (3) you will not access the website through automated or non-human means, whether through a bot, script, or otherwise; (4) you will not use the Site for any illegal or unauthorized purpose; (5) you are not a national or resident of any country subject to U.S. sanctions or similar restrictions (currently, Cuba, Iran, Syria, North Korea, and the following regions of Ukraine: Crimea, Donetsk and Luhansk) and you are not on the U.S. Treasury Department’s list of Specially Designated Nationals or other sanctions lists; and (6) your use of the website will not violate any applicable law or regulation.
Covenants and Restrictions
In order to use the website, you agree not to, and you will not permit any third party to, do or attempt to do any of the following without our prior written consent: (1) circumvent, interfere with, disable or disrupt the website or servers or networks connected to the website or any security-related features of the website in any manner, including but not limited to uploading or transmitting (or attempting to upload or to transmit) viruses, Trojan horses, or other similar harmful material; (2) violate any applicable local, state, national or international law, or any regulations having the force of law, including but not limited to those of the U.S. Department of Treasury's Office of Foreign Assets Control (“OFAC”), or which would involve proceeds of any unlawful activity; (3) attempt to bypass any measures of the website designed to prevent or restrict access to the website, or any portion of the website; (4) use the Products to advertise or offer to sell or buy any goods or services for any purpose that is not specifically authorized herein or under the applicable license agreement; (5) decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the website; (6) use any Products to further or promote any criminal activity or enterprise or provide instructional information about illegal activities, including for the purpose of concealing economic activity, laundering money, or financing terrorism; (7) copy or adapt the website’s software or code; and (8) use any Products to carry out financial activities subject to registration or licensing, including but not limited to creating, listing, or buying securities, commodities, options, real estate, or debt instruments. We are not permitted to engage in any transactions with any person, entity, or country prohibited by any applicable export control and sanctions laws and regulations of the United States and any other applicable governmental authority, including without limitation, the U.S. Export Administration Regulations and U.S. sanctions regulations (“Export Control and Sanctions Laws”), including, without limitation, the prohibition against transactions with: (i) a national or resident of any country subject to U.S. sanctions or similar restrictions (currently, Cuba, Iran, Syria, North Korea, and the following regions of Ukraine: Crimea, Donetsk and Luhansk) or (ii) anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or other sanctions lists. You are not permitted to purchase any Products or engage in any other transactions with us through the website or otherwise if any of the foregoing restrictions apply. In the event that you breach this provision, we reserve the right to the fullest extent possible to cancel any transaction or pursue other measures to comply with Export Control and Sanctions Laws.
Privacy
You understand that from time to time the Company may collect personal data from you, including but not limited to, identification information such as name, email address, and shipping address and cryptocurrency wallet information. You acknowledge and agree that we may share personal information with third-party service providers who aid us in meeting our operational needs, including but not limited to, third-party payment processing services, hosting services, cloud services, and other information technology services. We may also share personal information as required to comply with applicable laws and regulations, including but not limited to OFAC rules and regulations. Company recognizes that any data provided by you to us is extremely important and we shall, therefore, be particularly sensitive in handling such data. Company shall not sell any personal information to any third parties. Company shall use commercially reasonable efforts to employ technical, organizational and physical safeguards designed to protect the personal information we collect and safeguard your data. Nevertheless, no security measures are failsafe and we cannot guarantee the security of your personal information. You are advised that there are inherent security risks in transmitting data, such as emails, addresses or other personal information, via the website, because it is impossible to safeguard completely against unauthorized access by third-parties. Company shall not be held liable for any damages incurred as a consequence of such security risks or for any related acts of omission on our part. In connection with the sale of Moser watches described in Part 2 below, we may collect email addresses and X (formerly known as twitter) handles from purchasers. Additional information may be collected by Shopify, our third-party payment processing service provider, and the information on what Shopify may collect from you can be found on Shopify’s website.
Assumption of risk, Disclaimers, and Limitation of liability.
The website is provided on an AS IS and AS AVAILABLE basis without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy. Company makes no warranty that the functionality of the website will be uninterrupted or error free, that defects will be corrected or that the Website or the server that makes it available are free of viruses or anything else which may be harmful or destructive. Azuki makes no warranty that the Site will meet users’ expectations or requirements. No advice, results or information, or materials whether oral or written, obtained by you through the Site shall create any warranty not expressly made herein. You expressly agree that your use of the website is at your sole risk. If you are dissatisfied with the website, your sole remedy is to discontinue use of the website.
FOR CLARITY, IN NO EVENT SHALL COMPANY BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOSS OF GOODWILL, LOSS OF REPUTATION, COST OF COVER DAMAGES OR INTANGIBLE LOSSES OF ANY KIND ARISING FROM YOUR USE OF THE WEBSITE, YOUR INABILITY TO USE THE WEBSITE, OR THE PRODUCTS OR SERVICES OFFERED THROUGH THE WEBSITE, EVEN IF COMPANY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Notwithstanding the foregoing, in the event that Company is found liable in respect of any loss, damage or cause of action (whether contractual, extra-contractual or otherwise) arising out of or in connection with (i) these Terms or any of the features or functionalities of the website or its content, or your use or inability of use thereof, Company’s liability shall not exceed the amount paid for use thereof or access thereto; or (ii) any Product sold through the site, Company’s liability shall be strictly limited to the sale price of that product.
Indemnification
To the fullest extent permitted by applicable law, you agree to indemnify, defend and hold harmless the Company and its affiliates and its and their directors, officers, employees, representatives, and agents (collectively, the “Indemnitees”), from and against all actual or alleged third party claims, damages, awards, judgments, losses, liabilities, obligations, penalties, interest, fees, expenses (including, without limitation, attorneys' fees and expenses) and costs (including, without limitation, court costs, costs of settlement and costs of pursuing indemnification and insurance), of every kind and nature whatsoever, whether known or unknown, foreseen or unforeseen, matured or unmatured, or suspected or unsuspected, in law or equity, whether in tort, contract or otherwise (collectively, “Claims”), including, but not limited to, damages to property or personal injury, that are caused by, arise out of or are related to (i) your use or misuse of the website, the Content, or the Products, (ii) your violation of these Terms, or (c) your violation of the rights of a third party, including another user of the website. You agree to promptly notify the Company of any third party Claims and cooperate with the applicable Indemnitee in defending such Claims. You further agree that the Indemnitees shall have the right to control of the defense or settlement of any third-party Claims.
Governing Law and Dispute Resolution
These Terms will be governed by the laws of the United States of America and the laws of the State of Delaware, regardless of the conflict of law provisions thereof and regardless of where you live or from where you access or use the website or order Products therefrom. As a condition of using the website, you and we agree that any and all disputes, claims and causes of action (collectively, "Claims") arising out of or connected with the website (except for small claims court Claims, if applicable) shall be resolved exclusively by binding arbitration under the rules of the American Arbitration Association ("AAA"), including the Supplementary Procedures for Consumer-Related Disputes, for full and final settlement of such Claim applying the Federal Arbitration Act and other federal arbitration laws. YOU UNDERSTAND AND AGREE THAT YOU ARE WAIVING YOUR RIGHT TO SUE OR GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS UNDER THESE TERMS. YOU AND WE ALSO AGREE THAT (A) ANY CLAIMS WILL BE RESOLVED INDIVIDUALLY NOT AS A PLAINTIFF OR CLASS REPRESENTATIVE, MEMBER OF OTHERWISE ON BEHALF OF OTHERS IN ANY PURPOSED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING AND NOT THROUGH ANY CLASS ACTION, (B) IF A CLAIM PROCEEDS IN COURT ANYWAY, WE BOTH WAIVE ANY RIGHT TO A JURY TRIAL; AND (C) EITHER YOU OR WE MAY SEEK A COURT INJUNCTION REGARDING INTELLECTUAL PROPERTY INFRINGEMENT. ARBITRATION DOES NOT INVOLVE A JUDGE OR JURY. Although court review of an arbitration award may be limited, an arbitrator is empowered to award the same damages and relief as a court, including injunctive relief or statutory damages. Notwithstanding the foregoing, either party may seek temporary or emergency equitable relief to enforce its rights in any court of competent jurisdiction
Miscellaneous
These Terms (along with other policies found on Company’s website) contain the entire agreement between the parties and replaces all prior oral and written agreements. No oral modifications, express or implied, may change the terms of this agreement. The parties have not relied on any representations or promises relating to the subject matter of this agreement except those contained within the four corners of this agreement. These Terms and other agreements relating to the website do not constitute a joint venture, partnership, agency, employment or fiduciary relationship between the parties, except when one is expressly stated. Neither party nor its agents have any authority to bind the other party, and the relationship of the parties is that of buyer and seller, or independent contractors in certain circumstances. These Terms inure to the benefit of and binds the successors, assigns, heirs, executors and administrators of the parties. However, you may not assign or delegate any right or duty hereunder without written consent from Company. Any attempt to do so is null and void. If any provision of these Terms is held invalid or unenforceable, the remainder of the Terms will remain in full force and effect. If any provision is held invalid or unenforceable with respect to particular circumstances, it will remain in full force and effect in all other circumstances.
Part 2: General Conditions of Sale of Moser Watches
In addition to the Terms in Part 1 above, the following General Conditions of Sale (these “GCS”) shall apply to the offering and sale of our watches manufactured by Moser Schaffhausen AG (“Moser”, and such watches, the “Product”) and the Non-Fungible Tokens associated therewith (the “Tokens”). These GCS apply to all purchases and dispatches of the Products, including those with Tokens that you, as the client, order from Azuki via the Site. By participating in any phase of the sale (as described in the Ordering Process section below), you acknowledge that you have accepted these GCS without reservation. In order to participate in the purchase of the Product, you agree that you will comply with the specific terms and conditions, if any, associated with the respective Product in addition to these Terms, including but not limited to these GCS. Any payments that you make for the Product that are processed through third-party partners will be subject to the separate terms and conditions, if any, associated with such third-party partners. You acknowledge and agree that we have no control over these payments or transactions, and that we do not have the ability to reverse any payments or transactions once made. We have no liability to you or to any third party for any claims or damages that may arise as a result of any payments or transactions that you engage in via the website through use of any third-party services. These GCS in force on the Site at the time of the acquisition on the secondary market of a Product or a Token shall also apply, insofar as they are applicable in whole or in part, to any subsequent purchasers of a Product or a Token.
RESIDENTS OF CUBA, IRAN, SYRIA, NORTH KOREA, AND THE FOLLOWING REGIONS OF UKRAINE: CRIMEA, DONETSK AND LUHANSK ARE NOT PERMITTED TO PARTICIPATE IN THIS SALE. FURTHERMORE, WE CANNOT SHIP PRODUCTS TO THE FOLLOWING COUNTRIES (THE “RESTRICTED SHIPPING COUNTRIES”), WHICH INCLUDE, BUT ARE NOT LIMITED TO, THE LOCATIONS LISTED BELOW. THIS LIST IS NON-EXHAUSTIVE AND MAY BE UPDATED OR MODIFIED BY US AT ANY TIME, IN OUR SOLE DISCRETION, WITHOUT PRIOR NOTICE:
Africa: Angola, Burkina Faso, Burundi, Benin, Botswana, Cameroon, Central African Republic, Chad, Republic of the Congo, Democratic Republic of the Congo, Côte d’Ivoire, Djibouti, Algeria, Western Sahara, Eritrea, Ethiopia, Gabon, Ghana, Gambia, Guinea, Equatorial Guinea, Guinea-Bissau, Kenya, Comoros, Liberia, Lesotho, Libya, Morocco, Mali, Mauritania, Malawi, Mozambique, Namibia, Niger, Nigeria, Réunion, Rwanda, Sudan, Saint Helena, Sierra Leone, Senegal, Somalia, São Tomé and Príncipe, Eswatini, Togo, Tanzania, Uganda, Mayotte, Zambia, Zimbabwe, South Africa (SF).
Asia: Afghanistan, Bangladesh, Bhutan, Cocos (Keeling) Islands, Christmas Island, Federated States of Micronesia, British Indian Ocean Territory, Iraq, Iran, Kyrgyzstan, Cambodia, Kiribati, North Korea, Kazakhstan, Laos, Lebanon, Myanmar, Mongolia, Maldives, Nepal, Nauru, Oman, Pakistan, Palestinian Territories (Gaza Strip – GZ, West Bank – WE), Syria, Tajikistan, Tokelau, Timor-Leste, Turkmenistan, Uzbekistan, Yemen.
Europe: Andorra, Albania, Armenia, Azerbaijan, Bosnia and Herzegovina, Estonia, Georgia, Lithuania, Latvia, Moldova, Montenegro, North Macedonia, Serbia, Russia, Slovenia, Svalbard and Jan Mayen, San Marino.
Americas: Netherlands Antilles, American Samoa, Cuba, Dominican Republic, Falkland Islands, French Guiana, Guyana, Honduras, Haiti, Nicaragua, Saint Pierre and Miquelon, Pitcairn Islands, Suriname, El Salvador.
Oceania: Cook Islands, Norfolk Island, Niue, Solomon Islands, Tonga, Tuvalu, Vanuatu, Wallis and Futuna, Samoa, United States Minor Outlying Islands, Heard Island and McDonald Islands.
Other territories: French Southern Territories, Tunisia.
IF YOU CAN ONLY RECEIVE A PRODUCT AT A LOCATION IN A RESTRICTED SHIPPING COUNTRY BUT STILL WANT TO PARTICIPATE IN THIS SALE, PLEASE CONTACT US DIRECTLY AT CONCIERGE@AZUKI.COM.
Ordering Process
The sale of the Products via the Site will be conducted in five phases, as detailed below. By participating in any phase, you agree to these GCS, including the non-refundable nature of deposits if you are selected for an allocation and the discretionary selection process. Please note that any deposits or order requests that you place on our Site do not constitute a binding contract until you have been formally selected during Phase 3 or 4 below, received a purchase invitation via e-mail from us, and completed the checkout process for the applicable Product through the provided purchase link during Phase 5 below. All communications regarding your deposit, selection results, and shipping updates will be sent to the email address provided during registration or checkout. BY PARTICIPATING IN THE ORDERING PROCESS AND PLACING A DEPOSIT, YOU UNDERSTAND, ACKNOWLEDGE AND AGREE THAT IF YOU ARE SELECTED FOR AN ALLOCATION, YOUR DEPOSIT FOR SUCH PRODUCT(S) IS NON-REFUNDABLE. IF YOU ARE ULTIMATELY NOT SELECTED FOR AN ALLOCATION, ANY NON-SELECTED DEPOSIT(S) WILL BE FULLY REFUNDED TO YOU.
Phase 1: Interest Registration
During Phase 1, you may access the storefront on the Site to view Product details and express your interest. You may view the available models of the Product, which include Base Models and Tourbillon Models, in four (4) domains: Earth, Water, Lightning, and Fire. Prices will be published in US Dollars and shall exclude any VAT and shipping costs, unless stated otherwise. A photo gallery will be provided to showcase the Products on the Site. Photos and texts illustrating and describing the Products that are displayed on the Site are non-contractual and for information purposes only. Azuki assumes no responsibility for any errors or omissions in the photos or texts appearing on the Site. During this Phase 1, you may submit your email address to receive future notifications regarding availability. You may optionally indicate your domain preferences. Submission of an email address during this phase does not constitute a binding contract, reservation, or guarantee of purchase.
Phase 2: Deposit and Raffle Entry
During Phase 2, which will run for seven (7) days, beginning at a time pre-announced and determined at our sole discretion, you may indicate your further interest by purchasing one or more deposits. Submitting a deposit does not does not constitute a binding contract, reservation, or guarantee of purchase. These deposits function as entries into a selection-based allocation process. Deposit purchases must be completed via our online checkout, powered by Shopify.
Deposit Types:
- Pioneer Centre Seconds Model Deposit: USD 5,000 (NON-REFUNDABLE IF SELECTED FOR AN ALLOCATION; FULLY REFUNDABLE IF NOT SELECTED FOR AN ALLOCATION)
- Pioneer Tourbillon Model Deposit: USD 10,000 (NON-REFUNDABLE IF SELECTED FOR AN ALLOCATION; FULLY REFUNDABLE IF NOT SELECTED FOR AN ALLOCATION)
Users may purchase an unlimited quantity of each deposit type. You may (and are encouraged to) indicate model preferences in a free-form text entry at checkout. Please note that our Site does not currently support the placement of multiple deposits for the same watch model through the standard process. If you wish to purchase more than one unit of a particular model, you must contact our concierge team directly for assistance at concierge@azuki.com. We reserve the right to approve or decline such requests at our sole discretion.
All deposits will count as pre-payment towards the total price of the Product. If you choose to purchase deposits in a currency other than US Dollars (USD), the final amount charged may be affected by the exchange rate applied by your financial institution at the time of the transaction. We are not responsible for any currency conversion fees or rate fluctuations imposed by your payment provider.
DEPOSITS CANNOT BE CANCELED ONCE PLACED. IF YOU ARE SELECTED FOR AN ALLOCATION DURING PHASE 3 OR PHASE 4 BELOW, YOUR DEPOSIT WILL BE NON-REFUNDABLE. HOWEVER, IF YOU ARE NOT SELECTED FOR AN ALLOCATION AT THE CONCLUSION OF PHASE 4, YOUR DEPOSIT WILL BE FULLY REFUNDED. We implement this policy to honor the time, resources, and commitment invested in each Product.
Phase 3: Selection and Sale
Upon conclusion of Phase 2, deposits will be reviewed and selected with allocation decisions made at our sole discretion. Please note that our selection process may include a Know Your Customer (KYC) process performed by Azuki with, possibly, the support of relevant, reputable professional advisory firms, if necessary.
Selected users will be notified via email at the email address provided at the time of deposit. Each email will contain one or more unique purchase links, corresponding to each allocation. These links shall be time-limited. You are responsible to verify and confirm all details provided in our email notification and links, including the specific details of your order.
Phase 4: Reassignment
Upon conclusion of Phase 3, Users not initially selected during Phase 3 may be contacted via email if additional units of the Product become available for sale. Unclaimed allocations from Phase 3 above will be offered to the next eligible users on the waitlist.
If you are not selected in Phase 4, your deposit will be fully refunded.
For the avoidance of doubt, being allocated for sales during this phase does not constitute a binding contract, reservation, or guarantee of purchase.
Phase 5: Purchase and Fulfillment
Users selected during Phase 3 or Phase 4 above must complete their purchase(s) through the provided links within a two-week window from the date of selection. All orders are final and cannot be changed after submission.
Final purchase price shall be the stated sale price for each watch model, less the deposit amount already paid during Phase 2. Purchases must be completed via our online checkout, powered by Shopify.
Accepted Payment Methods:
- Credit/debit cards
- Animecoin ($ANIME) via DePay.
Orders will be processed and shipped following the conclusion of the purchase window. Purchase is concluded once the payment is received by Azuki, and your Product will be shipped to you only once the full purchase amount has been received by Azuki. Our Products remain the property of Azuki until the final purchase price has been received by Azuki.
Users not initially selected may be contacted via email if additional units of the Product become available for sale.
Delivery
We ship internationally, subject to exceptions above in these GCS. When your purchased Product is ready to be shipped, we will send it to you via our selected carrier to the delivery address you have indicated to us during Phase 5, provided we are able to deliver to the country of your choice. Please take into account that Azuki reserves the right, at its sole discretion, to refuse an order, in particular when our Products may not be sent to a specific country due to logistical or legal reasons. In such a case, any deposits paid during Phase 2 will be refunded to you.
Shipping rates and applicable taxes, and duties will be calculated at checkout. Estimated delivery dates will be provided following the completion of purchases. Each Product will be shipped securely, fully tracked, and insured. The responsibility for the Products passes to you when the carrier delivers the package or when the carrier hands the package over to the recipient. Customers are responsible for providing accurate shipping information.
Azuki will use commercially reasonable efforts to process your order as soon as possible. Delivery times depend on the recipient's address, production schedules, and local requirements.
The delivery by the carrier selected by Azuki requires an appointment and the collection of your signature or the one of designated person as representative. Said carrier will contact you as soon as possible to arrange a delivery time. You or the said representative are required to verify the quantity and condition of your Product on delivery. Please notify the concierge service of Azuki immediately (within 24 hours from reception) in case of apparent breakage or visible defects or damages to the package or to the Product at the following address: concierge@azuki.com. Azuki is not responsible in case of delivery delay due to your or your representatives' unavailability. In case of impossibility to deliver your order, the Products will be returned to Azuki, and you will have to bear any additional transport costs, as well as any other costs linked to a new delivery attempt.
Company shall have no liability to you for any failure to deliver or for any delay in doing so for any damage or defect to the goods which is caused by any act or circumstance beyond our reasonable control including, without limitation, strikes and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident. Such events do not entitle you to withdraw from the purchase contract or to claim compensation from Azuki for the damage caused. We will contact you as soon as reasonably possible to notify you (unless it proves to be impossible or would involve disproportionate effort) and our obligations under the Terms will be suspended and the time for performance of our obligations will be extended for the duration of the event beyond our control.
Product Representations & Warranties; Service
We reserve the right to refuse orders for any reason without explanation. The Products are manufactured by Moser and are subject to Moser's warranty for a period of two (2) years from the date of purchase. Your sole and exclusive remedy for any defective Product shall be pursuant to the terms of Moser's warranty which can be found on https://h-moser.com/wp-content/uploads/2025/05/Garantee-and-Service-Moser.pdf. Moser will repair or replace any defective watch or watch part free of charge, however, subject to the right to charge for shipping costs. After the two-year period, repairs will be subject to a service charge. Should a Product needs servicing, please visit the following customer service section on Moser's website: https://h-moser.com/customer-service/. Only the indicated entities are authorized to provide guarantee services as defined in Moser's guarantee guidelines: https://h-moser.com/wp-content/uploads/2025/05/Garantee-and-Service-Moser.pdf. Except as expressly provided above, Company makes no representations or warranties whatsoever with respect to the Products, express or implied. While Azuki may assist you in facilitating warranty claims with Moser, Azuki does not guarantee or assume responsibility for Moser's warranty and is not responsible for servicing, repairing, or replacing any defective Products. Other than the above, to the fullest extent permissible by applicable law, Company disclaims all warranties, express or implied, including but not limited to implied warranties of quality, merchantability, fitness for a particular purpose, or noninfringement, and there are no warranties, express or implied, which extend beyond the description of the merchandise. Company will not be liable for damages of any kind arising from the Products, including but not limited to direct, indirect, incidental, punitive and consequential damages, loss of profit, revenue, opportunity, or data. This disclaimer of liability applies, without limitation, to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortious behavior, negligence, or under any other cause of action (including extra-contractual liability).
Unless otherwise expressly stated by us, you will not be permitted to return for a refund or exchange any Products that you purchase.
Sales Tax
Applicable taxes, duties, and VAT are automatically calculated at checkout based on your shipping location and in accordance with local laws. You are responsible for any additional import duties or taxes not collected at checkout.
Non-Fungible Tokens
Physical Backed Tokens ("PBTs") are associated with each Product. Azuki will provide the interface with its application on its website, www.azuki.com, and you will be able to access all your Tokens through it. We provide a guided process for accessing and managing your Tokens and verifying ownership. Each Product includes a serialized warranty card that can be scanned to mint your Tokens, uniquely linked to your Product. We make no guarantees that there will be no defects with respect to the warranty card or PBTs. Except under exceptional circumstances, it is not possible to obtain from us a withdrawal right, nor an exchange of any type of tokens.
Tokens may be sold, and/or traded on third-party marketplaces or exchange sites (such transactions, "Secondary Transactions"). Secondary Transactions will be subject to the terms and conditions of such sites. We are not a party to any Secondary Transaction. We make no guarantee about the availability or functionality of any such sites and your use of such sites are at your own risk. We have no liability to you or to any third party for any claims or damages that may arise as a result of your Secondary Transactions or use of such external sites.
Unless otherwise stated by us, you will be solely responsible to pay any and all income, capital gains, sales, use, value-added and other taxes, duties, and assessments now or hereafter claimed or imposed by any governmental authority (collectively, "Taxes") associated with Tokens received by you (including, without limitation, any taxes that may become payable as the result of your ownership, transfer, purchase, receipt or sale of Tokens).
You acknowledge and agree that Azuki and/or its licensors own all legal rights, titles and interests in and to any artwork underlying all Tokens, including but not limited to any text, graphics, photographs, audio, video, logos, copyrights, trademarks, patent rights and other intellectual property and proprietary rights therein. Azuki grants you with a limited, worldwide, non-exclusive, non-transferable, non-sublicensable, royalty-free license to display and perform the artwork in a private and non-commercial context and to sell the Tokens associated with the artwork. You may sell, transfer, give away or use your Tokens, but may not make commercial use of the artwork associated with your Tokens including, for example, by creating and selling copies of artwork, licensing the artwork for commercial purposes (e.g., to sell merchandise, products or services), or otherwise commercially exploiting the artwork.
The license is granted for the duration of the IP rights under applicable laws over the artwork or until the date on which the underlying blockchain ceases to exist and/or the Token is otherwise erased or deleted, if such date occurs prior to such duration. The license granted herein will immediately expire with respect to any Token that ceases to be under your ownership as a consequence of any transfer, sale, donation or equivalent and you will have no further rights in relation to the artwork.
If you are in breach of these Terms, in addition to any remedies at law or in equity that may be available to Azuki, Azuki may immediately terminate the license that was granted to you without notice and, to the maximum extent permitted by applicable mandatory laws, you will be responsible for reimbursing Azuki for any damages, costs, and expenses arising out of or in connection with your breach of the Terms.
In addition to the foregoing general disclaimer in Part 1 of this Terms and Conditions, Company specifically disclaims liability, and you hereby waive and release any and all claims, arising out of or in connection with: any blockchain or related technology; any digital wallet, (including but not limited to MetaMask) or similar technology or related service; the transfer or loss of any Tokens or the inability to demonstrate ownership or control of any Tokens, and any marketplace or other platform for buying, selling or transferring any Tokens.
You acknowledge and assume the following risks (for which the Company shall in no event be responsible for): (i) there are risks associated with blockchain-based assets including, but not limited to, the volatility of price and the absence of liquidity (the ability to resell), the risk of loss of your blockchain assets as a result of faulty hardware, software, and Internet connections and/or failures; the risk of the introduction malicious software; the risk that third parties may obtain unauthorized access to information stored within the wallet holding your blockchain assets; and the risk of loss of your blockchain assets due to loss of private key(s), custodial error, or purchaser error, and we will not be responsible for any of these, however caused; (ii) we do not make any representations, warranties, promises or guarantees, express or implied, about the availability of any blockchain assets on the internet; (iii) upgrades to the website (iv) we do not make any representations, warranties, promises or guarantees, express or implied, related to any third parties you interact with or their applications and/or services, including but not limited to the continued availability of either and/or the protection and/or storage of any data you provide to those parties; (v) there also exists: (a) the risk of hacking, security weaknesses, fraud, counterfeiting, cyberattacks, and other technological difficulties; (b) the risk of changes to the regulatory regime governing blockchain technologies, cryptocurrencies, and tokens and new regulations, or unfavorable regulatory intervention in one or more jurisdictions or policies any of which may materially adversely affect the use and value of any blockchain assets; and (c) the risks related to taxation. In addition to assuming all of the above risks, you acknowledge that we cannot and do not represent or warrant that any blockchain asset, or its supporting systems or technology, is reliable, current, or error-free, meets your requirements, or that defects in any blockchain asset, or its supporting systems or technology, will be corrected. We cannot and do not represent or warrant that any blockchain asset or the delivery mechanism thereto are free of viruses or other harmful components. You understand that transactions in blockchain assets are irreversible, and, accordingly, losses due to fraudulent or accidental transactions may not be recoverable. You accept and acknowledge that we will not be responsible for any communication failures, disruptions, errors, distortions, or delays you may experience related to any blockchain asset. If the metadata associated with an NFT is no longer maintained at the storage location indicated in the URI contained in the NFT, the market value of such NFT may be reduced or eliminated entirely.
Should you have any question/request related to the Tokens, you can contact us through the following email address: concierge@azuki.com
