Terms of service

TERMS OF SERVICE FOR KUSAWEAR

OVERVIEW

Welcome to Kusawear! Throughout the site, the terms "we", "us" and "our" refer to Kusawear. Kusawear operates this store and website, including all related information, content, features, tools, products and services in order to provide you, the customer, with a curated shopping experience (the "Services"). Kusawear is powered by Shopify, which enables us to provide the Services to you.

The below terms and conditions, together with any policies referenced herein (these "Terms of Service" or "Terms") describe your rights and responsibilities when you use the Services.

Please read these Terms of Service carefully before accessing or using our website. By visiting, interacting with, purchasing something from, or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any Services.

Any new features or tools added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change, or replace any part of these Terms of Service by posting updates to our website. It is your responsibility to check this page periodically for changes.

SECTION 1 - ACCESS AND ACCOUNT TERMS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, and you have given us your consent to allow any of your minor dependents to use the Services on devices you own or manage.

To use the Services, including browsing our online store or purchasing products, you may be asked to provide certain information, such as your email address, billing, payment, and shipping information. You represent and warrant that all information you provide is correct, current, and complete.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms, viruses, or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION 2 - OUR PRODUCTS

We have made every effort to display as accurately as possible the colors and images of our products. However, please note that colors or product appearance may differ depending on your monitor or device settings.

We do not warrant that the appearance or quality of any products or services purchased by you will meet your expectations. All descriptions of products or product pricing are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue any product at any time.

Purchases are subject to return or replacement solely in accordance with our Refund Policy.

SECTION 3 - ORDERS, PRICES AND BILLING

When you place an order, you are making an offer to purchase. Kusawear reserves the right to accept or decline your order for any reason at its discretion. We may limit or cancel quantities purchased per person, per household, or per order.

Prices for our products are subject to change without notice. The price charged will be the price in effect at the time the order is placed. Posted prices do not include shipping, handling, or applicable taxes unless stated otherwise.

You agree to provide current, complete, and accurate purchase, payment, and account information for all purchases made at our store. You represent and warrant that you are authorized to use the payment method provided.

SECTION 4 - SHIPPING AND DELIVERY

All delivery times are estimates only and are not guaranteed. Kusawear is not liable for shipping and delivery delays caused by carriers, customs processing, or events outside our control. Once products are transferred to the carrier, title and risk of loss pass to you.

SECTION 5 - INTELLECTUAL PROPERTY

Our Services, including all trademarks, text, graphics, logos, images, and software, are owned by or licensed to Kusawear and are protected by applicable copyright and intellectual property laws.

These Terms permit you to use the Services for personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, or sell any material from the Services without our prior written consent.

SECTION 6 - OPTIONAL TOOLS & THIRD-PARTY LINKS

We may provide access to third-party tools or links to third-party websites over which we have no control or input. You acknowledge and agree that access to such tools and links is provided "as is" and "as available" without warranties of any kind.

We are not liable for any harm or damages related to your purchase or use of goods, services, or resources made in connection with any third-party websites. Please review third-party policies carefully before engaging in any transaction.

SECTION 7 - RELATIONSHIP WITH SHOPIFY

Kusawear is hosted on Shopify Inc., which provides us with the online e-commerce platform. However, any sales and purchases you make in our store are made directly with Kusawear. You acknowledge and agree that Shopify is not responsible for any aspect of sales between you and Kusawear, and you expressly release Shopify from all claims or liabilities arising from or related to your purchases.

SECTION 8 - PRIVACY POLICY

All personal information collected through the Services is governed by our Privacy Policy. Because our store is hosted by Shopify, certain personal information is also processed in accordance with Shopify's Privacy Policy.

SECTION 9 - USER COMMENTS AND FEEDBACK

If you send us feedback, suggestions, or other submissions (collectively, "Feedback"), you grant us a perpetual, worldwide, royalty-free license to edit, copy, publish, and distribute such Feedback in any medium for any purpose. We are under no obligation to keep Feedback confidential or to pay compensation for it.

You agree that your Feedback will not violate any right of any third party, contain unlawful or abusive material, or contain malware/viruses.

SECTION 10 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally, information on our site may contain typographical errors, inaccuracies, or omissions regarding product descriptions, pricing, promotions, shipping charges, or availability. We reserve the right to correct any errors and to change, update, or cancel orders if any information is inaccurate at any time without prior notice.

SECTION 11 - PROHIBITED USES

In addition to other prohibitions set forth in the Terms, you are prohibited from using the site or its content:

  • For any unlawful purpose or to solicit others to perform unlawful acts.

  • To violate any international, federal, or local regulations, laws, or ordinances.

  • To infringe upon or violate our intellectual property rights or the rights of others.

  • To harass, abuse, insult, harm, defame, disparage, intimidate, or discriminate.

  • To submit false or misleading information or upload viruses/malicious code.

  • To collect or track the personal information of others or to spam, phish, crawl, or scrape.

  • To interfere with or circumvent the security features of the Service.

We reserve the right to terminate your use of the Service for violating any prohibited uses.

SECTION 12 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee that your use of our Service will be uninterrupted, timely, secure, or error-free. The Service and all products delivered to you are provided "as is" and "as available" without any representation, warranties, or conditions of any kind, express or implied.

In no case shall Kusawear, our directors, officers, employees, affiliates, agents, contractors, suppliers, or service providers be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, or consequential damages of any kind (including lost profits or revenue) arising from your use of the Service or any products procured using the Service.

SECTION 13 - INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Kusawear, our affiliates, officers, directors, agents, contractors, and employees from any claim or demand (including legal fees) made by any third party due to or arising out of your breach of these Terms of Service or your violation of any law or the rights of a third party.

SECTION 14 - SEVERABILITY & TERMINATION

In the event that any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, such provision shall be severed, and the remaining provisions shall remain valid and enforceable.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate at any time by ceasing use of our site. If in our sole judgment you fail to comply with any term, we may terminate this agreement at any time without notice.

SECTION 15 - GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with applicable local laws.

SECTION 16 - CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at support@kusawear.com.