Terms of service

Key points

Overview

This website is operated by Kakiyu. Throughout the site, the terms we, us and our refer to Kakiyu. We offer this website, including all information, tools and services available from it, to you, the user, conditioned on your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site or buying something from us, you engage in our Service and agree to be bound by these Terms of Service, including the additional terms and policies referenced here or available by link. These Terms apply to every user of the site, including browsers, customers, vendors and contributors of content.

Please read these Terms carefully before using our website. If you do not agree to all of them, you may not access the website or use any part of the Service. Any new feature or tool added to the store is also subject to these Terms. You can review the current version on this page at any time, and we may update or replace any part of it by posting changes here. Your continued use of the site after a change is posted means you accept it.

Our store is hosted on Shopify Inc. They provide the e-commerce platform that lets us sell our products and services to you.

Section 01

Online store terms

By agreeing to these Terms, you confirm that you are at least the age of majority in your state or country of residence, or that you have given us consent to allow any minor dependent to use this site.

You may not use our products for any illegal or unauthorised purpose, and you may not break any law in your jurisdiction while using the Service, including copyright law. You must not transmit any worm, virus or code of a destructive nature. A breach of any of these terms ends your right to use the Service immediately.

Section 02

General conditions

We reserve the right to refuse service to anyone, for any reason, at any time. You understand that your content, not including credit card information, may be transferred unencrypted and may involve transmission over various networks and changes to conform to the technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service, without our express written permission. The headings used in this agreement are for convenience only and do not limit or affect these Terms.

Section 03

Accuracy and completeness of information

We are not responsible if information made available on this site is not accurate, complete or current. The material here is provided for general information and should not be relied on as the sole basis for making decisions without consulting more accurate, complete or timely sources. Any reliance on the material on this site is at your own risk.

This site may contain historical information, which by its nature is not current and is provided for reference only. We may change the contents of this site at any time, but we have no obligation to update any information on it. You agree that it is your responsibility to monitor changes to our site.

Section 04

Products, prices and availability

Certain products may be available exclusively online through this website, and may be available in limited quantities. Prices for our products are subject to change without notice, and we may modify or discontinue the Service or any product at any time without notice. We are not liable to you or any third party for any change in price, suspension or discontinuance of the Service.

We have made every effort to display the colours and images of our products as accurately as possible. We cannot guarantee that your screen displays them accurately.

We reserve the right to limit the sales of our products to any person, geographic region or jurisdiction, to limit the quantities of any product we offer, and to discontinue any product at any time. All product descriptions and pricing are subject to change at our sole discretion. We do not warrant that the quality of any product you purchase will meet your expectations, or that any error in the Service will be corrected.

Section 05

Cosmetic products and health information

Our products are cosmetics intended for external use only. They are not medicines and they are not intended to diagnose, treat, cure or prevent any disease or medical condition.

Nothing on this website is medical advice. If you have a skin condition, a known allergy, are pregnant or nursing, or are unsure whether a product is right for you, speak to a qualified healthcare professional before using it. Read the ingredient list before use, discontinue use if irritation occurs, keep products away from the eyes, and keep them out of reach of children.

Individual results vary. Nothing described on this site is a promise of a specific outcome for any individual.

Section 06

Reviews, testimonials and user submissions

Where customer reviews, testimonials, photographs or similar content appear on this site, they reflect the experience of the individuals who provided them. Individual experience varies, and a testimonial is not a guarantee that you will get the same result.

If you send us comments, suggestions, reviews or other material, whether at our request or without a request from us, you agree that we may edit, copy, publish, distribute and otherwise use that material in any medium without restriction and without any obligation to compensate you, to keep it confidential, or to respond to it.

You agree that your submissions will not violate any right of any third party, including copyright, trademark, privacy or personality rights, will not contain unlawful, abusive or obscene material, and will not contain a virus or other malware. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us as to the origin of a submission. You are solely responsible for any content you submit and its accuracy. We may, but are not obliged to, monitor, edit or remove content at our sole discretion.

Section 07

Billing and account information

You agree to provide current, complete and accurate purchase and account information for every purchase you make. You agree to update your account and other information, including your email address and payment details, so that we can complete your transactions and contact you as needed.

We reserve the right to refuse or cancel any order at our discretion. This includes orders that appear to be placed by dealers, resellers or distributors, orders that appear fraudulent, and orders where a pricing or product listing error has occurred. If we cancel an order, we will attempt to notify you using the email address or phone number you provided, and we will refund any amount charged.

For more detail on shipping, returns and reservations, see our Shipping Policy, our Refund Policy and our Harvest Reservation Policy, all of which form part of these Terms.

Section 08

Harvest Reservation and recurring charges

Some Kakiyu products can be bought as a Harvest Reservation, a recurring order that renews automatically until you cancel. Before you complete a reservation we show you, next to the button you click to buy, that the reservation renews automatically, the amount and frequency of each charge, and how to cancel. Clicking that button is your consent to those recurring charges. We confirm the terms by email after checkout, with a link to your customer portal.

You can cancel at any time in the portal, with no fee and no minimum number of boxes, and cancellation stops all future charges immediately. The price of an active reservation does not increase while it stays active. Our Harvest Reservation Policy sets out the full terms, including billing, changes, failed payments, refunds on renewal boxes and your statutory rights, and forms part of these Terms. Where you live in a place with automatic renewal laws, such as California, those laws apply. If we did not provide a disclosure the law requires before you reserved, we will refund any charge you did not authorize.

When your card is replaced, our payment provider may receive the updated card details from your bank so that an active reservation is not interrupted. You can remove your card or cancel in the portal at any time. By reserving, you agree to receive the emails the reservation needs, such as the confirmation, receipts, notices about a failed payment and the cancellation confirmation. These are not marketing emails and continue while your reservation is active.

Section 09

Optional tools and third party links

We may give you access to third party tools that we neither monitor nor control. You acknowledge that we provide access to such tools as is and as available, with no warranties, representations or conditions of any kind and no endorsement. Any use you make of optional tools is entirely at your own risk, and you should review the relevant third party provider terms before using them.

Certain content, products and services available through our Service may include material from third parties, and links to third party websites. We are not responsible for examining or evaluating the content or accuracy of third party materials or websites, and we do not warrant them or accept liability for them. Complaints, claims, concerns or questions about third party products should be directed to that third party.

Section 10

Errors, inaccuracies and omissions

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, offers, shipping charges, transit times and availability. We reserve the right to correct any error, inaccuracy or omission, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate, at any time and without prior notice, including after you have submitted your order.

We undertake no obligation to update or clarify information in the Service or on any related website, except as required by law. No specified update date applied in the Service should be taken to indicate that all information has been modified or updated.

Section 11

Prohibited uses

In addition to the prohibitions set out elsewhere in these Terms, you are prohibited from using the site or its content: for any unlawful purpose; to solicit others to perform or take part in any unlawful act; to violate any international, federal, state or local regulation, rule, law or ordinance; to infringe upon or violate our intellectual property rights or those of others; to harass, abuse, insult, harm, defame, slander, disparage, intimidate or discriminate; to submit false or misleading information; to upload or transmit viruses or any other type of malicious code that will affect the functionality of the Service or any related website; to collect or track the personal information of others; to spam, phish, pharm, pretext, spider, crawl or scrape; for any obscene or immoral purpose; or to interfere with or circumvent the security features of the Service or any related website. We reserve the right to terminate your use of the Service for violating any of these prohibited uses.

Section 12

Disclaimer of warranties and limitation of liability

We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error free. We do not warrant that the results 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 it at any time, without notice to you.

You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and services delivered to you through the Service are, except as expressly stated by us, provided as is and as available for your use, without any representation, warranty or condition of any kind, either express or implied, including all implied warranties of merchantability, merchantable quality, fitness for a particular purpose, durability, title and non-infringement.

In no case shall Kakiyu, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special or consequential damages of any kind, including lost profits, lost revenue, lost savings, loss of data, replacement costs or any similar damages, whether based in contract, tort, strict liability or otherwise, arising from your use of the Service or any product procured using the Service, or for any other claim related in any way to your use of the Service or any product, including any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content posted, transmitted or otherwise made available via the Service, even if advised of their possibility.

Because some jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such jurisdictions our liability shall be limited to the maximum extent permitted by law. Nothing in these Terms limits any right you have under mandatory consumer protection law in your country of residence.

Section 13

Indemnification

You agree to indemnify, defend and hold harmless Kakiyu and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your breach of these Terms or the documents they incorporate by reference, or your violation of any law or the rights of a third party.

Section 14

Severability

If any provision of these Terms is determined to be unlawful, void or unenforceable, that provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms. That determination does not affect the validity and enforceability of any other remaining provisions.

Section 15

Termination

The obligations and liabilities of the parties incurred prior to the termination date survive the termination of this agreement for all purposes. These Terms are effective unless and until terminated by either you or us. You may terminate them at any time by notifying us that you no longer wish to use our Services, or by ceasing to use our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms, we may also terminate this agreement at any time without notice. You will remain liable for all amounts due up to and including the date of termination, and we may deny you access to our Services.

Section 16

Entire agreement

Our failure to exercise or enforce any right or provision of these Terms does not constitute a waiver of that right or provision. These Terms, and any policies or operating rules posted by us on this site, constitute the entire agreement between you and us and govern your use of the Service, superseding any prior agreements, communications and proposals, whether oral or written. Any ambiguity in the interpretation of these Terms shall not be construed against the drafting party.

Section 17

Governing law

These Terms of Service, and any separate agreements whereby we provide you Services, are governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law rules, except that Section 18 is governed by the Federal Arbitration Act. Subject to Section 18, the state and federal courts located in Delaware have exclusive jurisdiction over any matter that is not subject to arbitration. This does not deprive you of the protection of the mandatory consumer laws of the country, state or province in which you live.

Section 18

Dispute resolution and arbitration

Please read this section carefully. It affects your legal rights, including your right to bring a claim in court.

Talk to us first. If you have a dispute with us, email hello@kakiyucare.com with your name, your order number and what you would like us to do. We will work with you in good faith to resolve it within 30 days of your email. Most issues end here.

Binding individual arbitration. If we cannot resolve a dispute informally, you and Kakiyu agree that any dispute, claim or controversy arising out of or relating to these Terms, our policies, our website, our products, our advertising or marketing, or any Harvest Reservation or other purchase, will be resolved by final and binding arbitration on an individual basis, administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, before a single neutral arbitrator. The Federal Arbitration Act governs this section. The arbitrator decides all questions about the scope and enforceability of this agreement to arbitrate, follows the applicable substantive law, and may award any relief that would be available to you in an individual action in court. Filing, administration and arbitrator fees follow the AAA Consumer Arbitration Rules; where those rules require it, we bear the fees above the amount you would pay to file a comparable claim in court. The arbitration may take place by phone, video or written submissions.

Class action and jury waiver. Disputes are resolved only on an individual basis. To the fullest extent the law allows, you and Kakiyu each waive the right to a jury trial and the right to take part in a class action, class arbitration, representative action or consolidated proceeding. The arbitrator may not award relief on a class, representative or consolidated basis.

Exceptions. Either of us may bring an individual claim in small claims court. Either of us may seek injunctive or other equitable relief in court to protect intellectual property or to stop misuse of the Service. Nothing in this section limits any consumer protection right you have under the mandatory laws of your country, state or province that cannot be waived by agreement, and a claim for public injunctive relief may be brought in court where the law requires it.

Opting out. You may opt out of this agreement to arbitrate within 30 days of your first purchase from us by emailing hello@kakiyucare.com from the email address on your order, with your name, your order number and a clear statement that you opt out of arbitration. Opting out does not affect any other part of these Terms.

Severability of this section. If any part of this section is found unenforceable for a particular claim, that claim proceeds in court and the rest of this section remains in force for all other claims.

Section 19

Changes to these Terms

You can review the most current version of these Terms of Service at any time on this page. We reserve the right, at our sole discretion, to update, change or replace any part of them by posting the update here. It is your responsibility to check this page periodically. Your continued use of the site following the posting of any change constitutes acceptance of that change.

Section 20 · Contact

Kakiyu is operated by a limited liability company formed in the State of Delaware, United States.

Questions about these Terms of Service should be sent to us at hello@kakiyucare.com.

Email hello@kakiyucare.com