GENERAL INFORMATION
This website is operated by Kawaii Dark. Throughout the site, the terms “we”, “us” and “our” refer to Kawaii Dark. Kawaii Dark offers this website, including all the information, tools and services available to you on this site, the user is conditioned to the acceptance of all the terms, conditions, policies and notifications set forth herein.
By visiting our site and / or buying something from us, you participate in our “Service” and accept the following terms and conditions (“Terms of Service”, “Terms”), including all additional terms and conditions and the policies to which reference is made in this document and / or available through hyperlinks. These Terms of Service apply to all users of the site, including if I limit users who are browsers, suppliers, customers, merchants, and / or content contributors.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you are accepting the Terms of Service. If you do not agree with all the terms and conditions of this agreement, then you should not access the website or use any of the services. If the Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools that are added to the current store will also be subject to the Terms of Service. You can review the updated version of the Terms of Service, at any time on this page. We reserve the right to update, change or replace any part of the Terms of Service by posting updates and / or changes on our website. It is your responsibility to check this page periodically to verify changes. Your continued use or access to the website after the publication of any change constitutes acceptance of such changes.
Our store is hosted by Hostinger.com. They provide us with the online e-commerce platform, which allows us to sell you our products and services.
SECTION 1 – TERMS OF THE ONLINE STORE
By using this site, you declare that you are at least of legal age in your state or province of residence, or that you are of legal age in your state or province of residence and that you have given us your consent to allow any of your dependents minors use this site.
You may not use our products for any illegal or unauthorized purpose, nor may you, in the use of the Service, violate any law in your jurisdiction (including but not limited to copyright laws).
You must not transmit worms, viruses or any code of a destructive nature.
The breach or violation of any of these Terms will result in the immediate cessation of your Services.
SECTION 2 – GENERAL CONDITIONS
We reserve the right to refuse service to any person, for any reason and at any time.
You understand that your content (not including your credit card information), can be transferred without encryption and involve (a) transmissions through various networks; and (b) changes to fit or adapt to the technical requirements of network or device connection. Credit card information is always encrypted during the transfer through the networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any part of the Service, usp of the Service, or access to the Service or any contact on the website through which the service is provided, without the express permission for written from us.
The titles used in this agreement are included only for convenience and do not limit or affect these Terms.
SECTION 3 – ACCURACY, EXHAUSTVITY AND CURRENT INFORMATION
We are not responsible if the information available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for decision-making without first consulting more accurate, complete or timely information. Any dependency on the subject of this site is at your own risk.
This site may contain certain historical information. Historical information is not necessarily current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor the changes on our site.
SECTION 4 – SERVICE MODIFICATIONS AND PRICES
The prices of our products are subject to change without notice.
We reserve the right to modify or discontinue the Service (or any part of the content) at any time without prior notice.
We will not be liable to you or any third party for any modification, price change, suspension or discontinuity of the Service.
SECTION 5 – PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and be subject to return or exchange according to our return policy only.
We have made the effort to show the colors and images of our products, in the store, as accurately as possible. We cannot guarantee that your computer monitor will display colors exactly.
We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region or jurisdiction. We can exercise this right based on each case. We reserve the right to limit the quantities of the products or services we offer. All product descriptions or product prices are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer of product or service made on this site is void where prohibited.
We do not guarantee that the quality of the products, services, information or other material purchased or obtained by you meets your expectations, or that any error in the Service will be corrected.
SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, at our discretion, limit or cancel the amounts purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and / or orders that use the same billing and / or shipping address.
In the event that we make a change or cancel an order, we can try to notify you by contacting us via email and / or billing address / phone number provided at the time the order was placed. We reserve the right to limit or prohibit orders that, in our judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate information about the purchase and account used for all purchases made in our store. You agree to quickly update your account and other information, including your email address and credit card numbers and due dates, so we can complete your transactions and contact you when necessary.
For more details, please review our Return Policy.
SECTION 7 – OPTIONAL TOOLS
We may provide you with access to third-party tools that we do not monitor and over which we have no control or input.
You acknowledge and agree that we provide access to such tools “as is” and “according to availability” without warranties, representations or conditions of any kind and without any support. We will not have any responsibility derived from or related to your use of tools provided by third parties.
Any use you make of the optional tools offered through the site at your own risk and discretion and you must ensure that you are familiar and approve the terms under which these tools are provided by the third party provider (s).
It is also possible that, in the future, we will offer you new services and / or features through the website (including the launch of new tools and resources). These new features and / or services will also be subject to these Terms of Service.
SECTION 8 – THIRD PARTY LINKS
Certain content, products and services available via our Service may include material from third parties.
Third party links on this site may direct you to third party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and do not guarantee or have any obligation or responsibility for any third party material or web sites, or any third party material, products or services.
We are not responsible for any damages or damages related to the acquisition or use of goods, services, resources, contents, or any other transaction made in connection with third party websites. Please carefully review the policies and practices of third parties and make sure you understand them before participating in any transaction. Complaints, claims, concerns or questions regarding third-party products should be directed to the third party.
SECTION 9 – USER COMMENTS, RECEIPT AND OTHER SUBMISSIONS
If, at our request, you send certain specific presentations (for example, participation in competitions) or without a request from us, you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by mail , or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate or use by any means comments you have sent us. We do not have or will have any obligation (1) to keep any comments confidential; (2) to pay compensation for comments; or (3) respond to comments.
We may, but have no obligation to monitor, edit or remove content that we deem illegitimate, offensive, threatening, slanderous, defamatory, pornographic, obscene or objectionable or violates the intellectual property of any of the parties or the Terms of Service.
You agree that your comments will not violate the rights of third parties, including copyright, brand, privacy, personality or other personal or property rights. Likewise, you agree that your comments do not contain defamatory or illegal, abusive or obscene material, or contain computer viruses or other malware that could, in any way, affect the operation of the Srvicio or any related website. You cannot use a false email address, use another identity that is not legitimate, or deceive third parties or us about the origin of your comments. You are solely responsible for the comments you make and their accuracy. We are not responsible and assume no obligation with respect to comments posted by you or any third party.
SECTION 10 – PERSONAL INFORMATION
Your presentation of personal information through the site is governed by our Privacy Policy. To see our Privacy Policy.
SECTION 11 – ERRORS, INACCURACIES AND OMISSIONS
From time to time there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may be related to product descriptions, prices, promotions, offers, product shipping costs, transit time and availability. We reserve the right to correct errors, inaccuracies or omissions and to change or update information or cancel orders if any information on the Service or on any related website is inaccurate at any time without notice (even after you have sent your order) .
We do not assume any obligation to update, correct or clarify the information on the Service or on any related website, including, without limitation, price information, except when required by law. No updated specification or update date applied on the Service or on any related website should be taken to indicate that all information on the Service or on any related website has been modified or updated.
SECTION 12 – PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, the use of the site or its content is prohibited: (a) for any illegal purpose; (b) to ask others to perform or participate in illegal acts; (c) to violate any regulation, rules, international, federal, provincial or state laws, or local ordinances; (d) to infringe or violate the intellectual property right of us or third parties; (e) to harass, abuse, insult, harm, defame, slander, discredit, intimidate or discriminate on the grounds of gender, sexual orientation, religion, ethnicity, race, age, nationality or disability; (f) to present false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that is or may be used in any way that may compromise the functionality or operation of the Service or any related website, other sites or the Internet; (h) to collect or track personal information of others; (i) to generate spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security elements of the Service or any related website, other sites or the Internet. We reserve the right to suspend the use of the Service or any related website for violating any of the prohibited use items.
SECTION 13 – EXCLUSION OF GUARANTEES; LIMITATION OF LIABILITY
We do not guarantee or guarantee that the use of our service will be uninterrupted, timely, secure or error free.
We do not guarantee that the results that can be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time without notice.
You expressly agree that the use of, or the possibility of using, the service is at your own risk. The service and all products and services provided through the service are (except as expressly stated by us) provided “as is” and “as available” for use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of commercialization, marketable quality, fitness for a particular purpose, durability, title and non-infringement.
In no case Kawaii Dark, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors will be liable for any damage, loss, claim, or direct, indirect, incidental, punitive, special damages or consequential of any kind, including, without limitation, loss of benefits, loss of income, loss of savings, loss of data, replacement costs, or any similar damage, whether based on contract, tort (including negligence), strict liability or otherwise, as a result of the use of any of the services or products purchased through the service, or for any other claim related in any way to the use of the service or any product, including but not limited to any error or omission in any content, or any loss or damage of any kind incurred as a result of the use of the service or or any content (or product) published, transmitted, or made available through the service, even if your possibility is notified. Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability will be limited to the maximum extent permitted by law.
SECTION 14 – INDEMNIFICATION
You agree to indemnify, defend and hold harmless Kawaii Dark and our parents, subsidiaries, affiliates, partners, officers, directors, agents, contractors, dealers, service providers, subcontractors, suppliers, interns and employees, of any claim or claim, including fees reasonable attorneys, made by any third party because of or as a result of your breach of the Terms of Service or the documents they incorporate as a reference, or the violation of any law or the rights of or third party.
SECTION 15 – DIVISIBILITY
Kawaii Dark is an online retailer and we do not manufacture or produce the products sold through our store. We source for our products through various suppliers in China, Japan and South Korea. Products sold by us may be shipped directly to you by our overseas logistics partners. PRODUCTS SOLD THROUGH KAWAII DARK ARE ON AN “AS IS,” “AS AVAILABLE,” “WITH ALL FAULTS” BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE. IN NO EVENT SHALL KAWAII DARK BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL CONSEQUENTIAL DAMAGES, TO PROPERTY OR LIFE, WHATSOEVER ARISING OUT OF OR CONNECTED WITH THE USE OR MISUSE OF OUR PRODUCTS AND/OR SERVICES. IN ANY EVENT, YOU EXPRESSLY AGREE THAT OUR TOTAL LIABILITY TO YOU SHALL NOT EXCEED THE AMOUNT PAID FOR THE PRODUCT (INCLUSIVE OF SHIPPING).
SECTION 16 – TERMINATION
SECTION 16 – The obligations and responsibilities of the parties that have incurred prior to the termination date will survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our services, or when you stop using our site.
If in our judgment, you fail, or suspect that you have failed, in compliance with any term or provision of these Terms of Service, we may also terminate this agreement at any time without notice, and you will remain responsible for all amounts owed up to including termination date; and / or consequently we can deny you access to our services (or any part thereof).
SECTION 17 – COMPLETE AGREEMENT
Our failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and the policies or rules of operation published by us on this site or with respect to the service constitute the entire agreement and understanding between you and us and govern the use of the Service and replace any previous or contemporary agreements, communications and proposals. , whether oral or written, between you and us (including, but not limited to, any previous version of the Terms of Service).
Any ambiguity in the interpretation of these Terms of Service will not be interpreted against the drafting group.
SECTION 18 – LAW
These Terms of Service and any separate agreements in which we provide you with services will be governed and interpreted in accordance with the laws.
SECTION 19 – CHANGES IN 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, at our sole discretion, to update, modify or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically to verify changes. The continued use of or access to our website or the Service after the publication of any change in these Terms of Service implies acceptance of such changes.
SECTION 20 – CONTACT INFORMATION
Questions about the Terms of Service should be sent to [email protected]