OVERVIEW
This website is operated by Kiwi Lux. Throughout the site, the terms "we", "us" and "our" refer to Kiwi Lux. Kiwi Lux offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/or purchasing anything from us, you are engaging in our "Service" and agree to be bound by the following terms and conditions ("Terms of Service", "Terms"), including any additional terms, conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the Site, including, but not limited to, users who are browsers, sellers, customers, merchants and/or content contributors.
Please read these Terms of Service carefully before accessing or using our Web site. By accessing or using any part of the site, you agree to be bound by these terms of service. If you do not agree to all of the terms and conditions of this agreement, you may not access the website or use any services. If these terms of service are considered an offer, acceptance is expressly limited to these terms of service.
Any new features or tools added to the current store will also be subject to the terms of service. You can consult the most recent version of the terms of service at any time on this page. We reserve the right to update, modify or replace any part of these terms of service by posting updates and/or changes on our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
SECTION 1 - ONLINE STORE TERMS AND CONDITIONS
By accepting these Terms of Use, you represent that you are at least the age of majority in your state or province of residence, or that you are of the age of majority in your state or province of residence and have given us your consent to allow any minor dependent of yours to use this site.
You may not use our products for any illegal or unauthorized purpose and you may not, in the course of using the service, violate any laws in your jurisdiction (including, but not limited to, copyright laws).
You may not transmit any worms or viruses or any code of a destructive nature.
Any breach or violation of any of the Terms will result in immediate termination of your services.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (with the exception of credit card information) may be transferred unencrypted and involve (a) transmissions over various networks; and (b) modifications to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any part of the service, use of the service, or access to the service or any contact on the website through which the service is provided, without our express written permission.
The headings used in this agreement are included for convenience only and shall not limit or affect these terms.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible for the accuracy, completeness or timeliness of the information provided on this site. The content of this site is provided for general information purposes only and should not be used as the sole basis for making decisions without consulting primary, more accurate, complete or current sources of information. Any use of the contents 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 reference purposes only. We reserve the right to change the content of this site at any time, but we are under no obligation to update the information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
The prices of our products are subject to change without notice.
We reserve the right, at any time, to modify or discontinue the Service (or any part or content thereof) without notice.
We will not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
SECTION 5 - PRODUCTS
Certain products or services may be available exclusively online through the Website. These products or services may have limited quantities and can only be returned or exchanged in accordance with our returns policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear in the store. We cannot guarantee that the display of a color on your computer screen will be accurate.
We reserve the right, but are not obliged, to restrict the sale of our products or services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any product or service 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 products or services made on this site is void where prohibited.
We do not warrant that the quality of any product, service, information or other material purchased or obtained by you will meet your expectations, or that any errors in the service will be corrected
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order placed by you. We may, at our sole discretion, limit or cancel quantities purchased per person, per household or per order. Such restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders using the same billing and/or shipping address. If we change or cancel an order, we may attempt to notify you by contacting the email address 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 sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made from our store. You agree to promptly update your account and other information, including your e-mail address and credit card numbers and expiration dates, so that we may process your transactions and contact you if necessary.
For more details, please see our Returns Policy.
SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we have no control or influence.
You acknowledge and agree that we provide access to these tools on an "as is" and "as available" basis without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising out of or in connection with your use of any third party optional tools.
Any use by you of optional tools offered through the Site is entirely at your own risk and you must ensure that you are aware of and agree to the terms and conditions under which the tools are provided by the relevant third party supplier(s).
We may also, in the future, offer new services and/or features through the site (including, the provision of new tools and resources). These new services and/or features will also be subject to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
Certain content, products and services available through our Service may include materials from third parties.
Third-party links on this Site may direct you to third-party Web sites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy, and we do not warrant and shall have no liability for any third-party materials or websites, or for any other third-party materials, products or services.
We are not responsible for any harm or damages related to the purchase or use of goods, services, resources, content or any other transactions conducted in connection with third-party websites. Please review the third party's policies and practices carefully and ensure that you understand them before engaging in any transaction. Complaints, claims, concerns or questions regarding third party products should be directed to the third party in question.
SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example, contest entries) or if, without a request from us, you send creative ideas, suggestions, proposals, plans or other materials, whether online, by e-mail, by postal mail or otherwise (collectively, "Feedback"), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium the Feedback you send to us. We are and shall be under no obligation (1) to maintain the confidentiality of any Comments, (2) to pay any compensation for any Comments, or (3) to respond to any Comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Use.
You agree that your comments will not violate the rights of any third party, including copyrights, trademarks, privacy, personality or other personal or proprietary rights. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or any computer virus or other malicious software that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, impersonate anyone or otherwise mislead us or any third party as to the origin of any Comments. You are solely responsible for the comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third party.
SECTION 10 - PERSONAL INFORMATION
The submission of personal information through the Store is governed by our Privacy Policy. To view our privacy policy.
SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
From time to time, information on our site or in the Service may contain typographical errors, inaccuracies or omissions that may relate to product descriptions, prices, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the Service or a related website is inaccurate, at any time and without notice (including after you submit your order).
We are under no obligation to update, modify or clarify any information contained in the Service or on any related website, including, without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, shall be deemed to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 12 - PROHIBITED USES
In addition to the other prohibitions set forth in the Terms of Service, you are prohibited from using the Site or any Content: (a) for illegal purposes; (b) to solicit others to perform or participate in illegal acts; (c) to violate any international, federal, provincial or state regulations, rules, laws or local ordinances; (d) to infringe or violate our intellectual property rights or the intellectual property rights of others ; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate or discriminate on the basis of gender, sexual orientation, religion, ethnicity, race, age, national origin or disability; or (f) submit false or misleading information; (g) upload or transmit viruses or any other type of malicious code that will or may be used to affect the functionality or operation of the Service or any related website, other websites or the Internet; (h) to collect or track the personal information of others; (i) for spamming, phishing, pharming, pretexting, spidering, crawling or scraping purposes; (j) for obscene or immoral purposes; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites or the Internet. We reserve the right to terminate your use of the Service or any related website if you violate any of the prohibited uses.
SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not warrant that your use of our Service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that, from time to time, we may discontinue the service for indefinite periods or cancel the service at any time without notice.
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 provided to you through the service are (unless expressly stated otherwise by us) provided "as is" and "as available" for your use, without any representations, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, fitness for a particular purpose, durability, title and non-infringement.
In no event shall Kiwi Lux, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any direct, indirect, incidental, punitive, special or consequential damages, loss, claim or injury of any kind, including, without limitation, lost profits, lost revenues, lost savings, lost data, replacement costs or any other similar damages, incidental, punitive, special or consequential damages of any kind, including but not limited to loss of profits, revenue, savings, data, replacement costs or similar damages, whether based on contract, tort (including negligence), strict liability or otherwise, arising out of your use of the service or any product obtained through the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of your use of the service or any content (or product) displayed, transmitted or made available through the service, even if you have been advised of their possibility. 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 shall be limited to the maximum extent permitted by law.
SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Kiwi Lux and its parents, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 15 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severable from these Terms of Service, such determination not affecting the validity and enforceability of any remaining provisions.
SECTION 16 - TERMINATION
The obligations and liabilities of the parties incurred prior to the date of termination shall survive the termination of this Agreement for all purposes.
These Terms of Service are effective until terminated by either 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 cease to use our site.
If, in our sole judgment, you fail to comply, or we suspect that you have failed to comply, with any of the terms or provisions of these terms of service, we may also terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or as a result, we may deny you access to our services (or any part thereof).
SECTION 17 - ENTIRE 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 any policies or operating rules we post on this site or regarding the Service constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding all prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, without limitation, all prior versions of the Terms of Service).
Any ambiguity in the interpretation of these Terms of Service will not be construed against the drafting party.
SECTION 18 - APPLICABLE LAW
These Terms of Service and any separate agreements by which we provide services to you shall be governed by and construed in accordance with the laws of UK.
SECTION 19 - CHANGES TO TERMS OF SERVICE
You may 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 on our Web site. It is your responsibility to periodically check our Web site for changes. Your continued use of or access to our Web site or the Service following the posting of any changes to these Terms of Service will mean you accept those changes.
SECTION 20 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at: