Terms of service
TERMS OF SERVICE
OVERVIEW Welcome to KINU BEAUTY! The terms "we" and "our" refer to KINU BEAUTY. KINU BEAUTY operates this store and website, including information, content, features, tools, products, and services, to provide you, the customer, with an appropriate shopping experience (the "Services"). KINU BEAUTY is powered by Shopify, which allows us to provide the Services to you.
The terms and conditions below, along with any policies contained herein ("Terms of Service" or "Terms") describe your rights and responsibilities when using the Services.
Please read these Terms of Service carefully, as they include important information regarding your legal rights and cover areas such as limitations of warranty and limitations of liability.
By visiting, interacting with, or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms of Service or the Privacy Policy, you must not use or access our Services.
SECTION 1 - ACCESS AND ACCOUNT By agreeing to these Terms of Service, you represent that you are of legal age in the state or province in which you reside, and that you have given us consent to allow any minor dependents of yours to use the Services on devices owned or managed by you. To use the Services, including accessing or browsing our online stores or purchasing products and services offered by us, you may be required to provide certain information such as email address, billing, payment, and shipping information. You represent and warrant that all information you provide in our stores is accurate, current, and complete, and that you hold all rights necessary to provide such information. Account activity and the protection of your account credentials are your responsibility. You may not transfer, sell, assign, or license your account to others.
SECTION 2 - OUR PRODUCTS We have made every effort to present our products and services accurately in our online stores. However, the display of colors and the appearance of products may vary depending on the type of device you use to access the store and the settings and configuration of that device. We cannot guarantee that the appearance or quality of the products or services you purchase will meet your expectations or be identical to what is described or shown in our online stores. All product descriptions are subject to change at any time without notice and at our sole discretion. We reserve the right to discontinue any product at any time and to limit the quantities of products offered to any person, geographic region, or jurisdiction.
SECTION 3 - ORDERS When you place an order, you are making an offer to purchase. KINU BEAUTY reserves the right to accept or reject your order at its sole discretion for any reason. Your order is not confirmed until KINU BEAUTY confirms acceptance. Before accepting an order, we must receive and process payment. Please check your order carefully before submitting, as KINU BEAUTY may not be able to fulfill cancellation requests after acceptance. In the event of a refusal, modification, or cancellation of an order, we will notify you using the email address, billing address, and/or phone number provided at the time the order was submitted. Your purchases are subject to return or exchange solely in accordance with our Refund Policy. You represent and warrant that you are making purchases for personal or family use and not for resale or export.
SECTION 4 - PRICING AND BILLING Prices, discounts, and offers are subject to change without notice. The price charged for a product or service will be the actual price at the time the order is submitted and can be viewed in your order confirmation email. Unless otherwise specified, published prices do not include taxes, customs duties, or shipping, handling, and import costs. Prices published in our online stores may differ from prices offered in physical stores, other online stores, or stores operated by third parties. From time to time, we may offer promotions on the Services that affect prices and are subject to terms and conditions independent of these Terms. In the event of a conflict between the terms of an offer and these Terms, the terms of the offer shall prevail. For all purchases made in our stores, you agree to provide accurate, current, and complete purchase, payment, and account information. You agree to promptly update your account and other information, including email addresses and credit card numbers and expiration dates, to enable us to complete your transactions and contact you if necessary. You represent and warrant that (i) the credit card information you provide is true, correct, and complete, (ii) you are authorized to use such credit card for purchases, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay the charges incurred at the posted prices, including shipping and handling fees and all other applicable taxes.
SECTION 5 - SHIPPING AND DELIVERY We are not responsible for delays in shipping and delivery. All delivery times are estimates and are not guaranteed. We are not responsible for delays attributable to shipping carriers, customs procedures, or events beyond our control. Once products are transferred to the carrier, ownership and risk of loss pass to you.
SECTION 6 - INTELLECTUAL PROPERTY Our Services, including but not limited to trademarks, brands, text, displays, images, graphics, product reviews, videos, and audio, as well as the design, selection, and arrangement thereof, are the property of KINU BEAUTY, its affiliates, or licensors and are protected by U.S. and foreign patent, copyright, and intellectual property laws. These Terms allow you to use the Services for personal, non-commercial use only. You may not reproduce, distribute, modify, create derivative works of, publicly display, republish, download, store, or transmit any material related to the Services without our written consent. Except as expressly stated, nothing in these Terms grants or should be construed as granting any license or other rights to you regarding patents, trademarks, copyrights, or other intellectual property of KINU BEAUTY, Shopify, or third parties. Unauthorized use of the Services may result in a violation of federal and state intellectual property laws. All rights not expressly granted herein are reserved by KINU BEAUTY. The names, logos, product and service names, designs, and slogans of KINU BEAUTY are trademarks of KINU BEAUTY or its affiliates or licensors. You may not use these trademarks without the written permission of KINU BEAUTY. The Shopify name, logo, product and service names, designs, and slogans are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans on the Services are the trademarks of their respective owners.
SECTION 7 - OPTIONAL TOOLS You may have access to third-party customer tools offered as part of the Services that we do not monitor, control, or input. You understand and agree that we provide access to such tools "as is" and "as available" without any warranties, representations, or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Your use of optional tools offered through the site is at your own risk and discretion, and you must familiarize yourself with and approve the terms on which such tools are provided by the relevant third-party providers. In the future, we may offer new features through the Services (including the launch of new tools and resources). Such new features shall also be subject to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS The Services may contain materials and hyperlinks to websites provided or operated by third parties (including embedded third-party features). We are not responsible for examining or evaluating the content or accuracy of third-party materials or websites you choose to access. If you decide to leave the Services to access such third-party materials or websites, you do so at your own risk. We are not liable for any issues or damages related to your access to third-party websites, or your purchase or use of products, services, resources, or content on third-party websites. Please read carefully and understand the policies and practices of the third parties in question before making any transactions. Any complaints, concerns, or questions regarding third-party products and services should be directed to the aforementioned third parties.
SECTION 9 - RELATIONSHIP WITH SHOPIFY [NOTE TO MERCHANT: This section describes Shopify's relationship with your store in detail and must not be removed or modified.] KINU BEAUTY is powered by Shopify, which allows us to provide the Services to you. However, the sales and purchases you make in our Store are directly with KINU BEAUTY. By using the Services, you understand and agree that Shopify is not responsible for any aspect of the sales between you and KINU BEAUTY, including any injuries, damages, or losses resulting from the purchase of products and services. You expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to purchases and transactions made by you with KINU BEAUTY.
SECTION 10 - PRIVACY POLICY All personal data we collect through the Services is subject to our Privacy Policy and certain personal data may be subject to Shopify's Privacy Policy, available here. By using the Services, you confirm that you have read the aforementioned privacy policies. As it powers the Services, Shopify collects and processes personal data related to your access and use of the Services to offer and improve the Services for you. In order to offer and improve the Services for you, the data you submit to the Services will be transmitted and shared with Shopify and third parties who may reside in countries different from yours. Please see our Privacy Policy for more information on how we, Shopify, and our partners use your personal data.
SECTION 11 - FEEDBACK When you submit, upload, post, email, or otherwise transmit any ideas, suggestions, feedback, reviews, proposals, plans, or other content (collectively "Feedback"), you grant us a perpetual, worldwide, transferable, and royalty-free license to use, reproduce, modify, publish, distribute, and display such Feedback through any means for any purpose, including commercial purposes. For example, we may exercise our rights under this license to operate, provide, evaluate, improve, enhance, and promote the Services, and to perform our obligations and exercise our rights as indicated in the Terms of Service. Furthermore, you confirm and agree that: (i) you own the necessary rights to all Feedback; (ii) you have disclosed any rewards or incentives received for submitting Feedback; and (iii) your Feedback complies with these Terms. We are and shall be under no obligation to (1) maintain any Feedback in confidence; (2) pay compensation for any Feedback; (3) respond to any Feedback. While not obligated, we may monitor, edit, or remove Feedback that we determine in our sole discretion to be unlawful, offensive, threatening, defamatory, pornographic, obscene, or otherwise objectionable, or in violation of intellectual property rights or these Terms of Service. You confirm that your Feedback will not violate any rights of any third party, including copyright, trademark, privacy, individual rights, and any other personal or proprietary rights. You further confirm that your Feedback will not include defamatory or otherwise unlawful, offensive, or obscene content, nor will it contain viruses or other computer malware that could affect the operation of the Services or any linked website. You may not use a false email address, pretend to be someone other than yourself, or mislead us or third parties regarding the origin of your Feedback. You are solely responsible for your Feedback and its accuracy. We assume no responsibility for Feedback posted by you or any third party.
SECTION 12 - ERRORS, INACCURACIES, AND OMISSIONS Occasionally, information related to or included in the Services may contain typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, offers, promotions, 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 errors are found at any time without prior notice (including after an order has been submitted).
SECTION 13 - PROHIBITED USES You may access and use the Services only for lawful purposes. You may not access or use the Services, directly or indirectly, for: (a) unlawful or malicious purposes; (b) violating local, provincial, state, federal, and international rules, regulations, laws, or ordinances; (c) infringing upon or violating our intellectual property rights or those of others; (d) harassing, abusing, insulting, harming, defaming, slandering, disparaging, intimidating, or discriminating against our employees or anyone else; (e) submitting false or misleading information; (f) uploading, receiving, downloading, using, or reusing material that does not comply with these Terms; (g) transmitting or inducing the sending of advertising or promotional material, including "junk mail," "chain letters," "spam," or other similar solicitations; (h) impersonating or attempting to impersonate another person or entity; (i) engaging in any other behavior that prevents or inhibits the use or access of the Services by others, or that we deem harmful to KINU BEAUTY, Shopify, or the users of the Services, or exposes them to liability. Furthermore, you agree not to: (a) upload or transmit viruses or other types of malicious code that could be used to affect the functioning or operation of the Services; (b) reproduce, duplicate, copy, sell, resell, or disclose any part of the Services; (c) collect or track the personal data of others; (d) engage in spamming, phishing, pharming, pretexting, spidering, crawling, or scraping; (e) interfere with or circumvent the security features of the Services or related websites, other websites, or the internet. We reserve the right to suspend, disable, or terminate your account at any time, without notice, if we believe you have violated any part of these Terms.
SECTION 14 - TERMINATION We may terminate this agreement or terminate your access to the Services (or any part thereof) at any time at our discretion and without notice; you will continue to be responsible for all amounts due up to the date of termination. The following sections shall survive termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranty, Limitation of Liability, Indemnification, Severability, Waiver, Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other clause that, by its nature, survives termination.
SECTION 15 - DISCLAIMER OF WARRANTY The information presented in or through the Services is made available solely for general informational purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Your reliance on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you, any visitor to the Services, or anyone who may be informed of any of its contents. EXCEPT AS EXPRESSLY STATED BY KINU BEAUTY, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THEM ARE 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, QUALITY OF SERVICE, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT, REPRESENT, OR GUARANTEE THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. SOME JURISDICTIONS MAY LIMIT OR PROHIBIT THE DISCLAIMER OF IMPLIED WARRANTIES OR OTHER WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
SECTION 16 - LIMITATION OF LIABILITY TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL KINU BEAUTY, OUR PARTNERS, OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, MERCHANTS, SERVICE PROVIDERS, OR LICENSORS OR THOSE OF SHOPIFY AND ITS AFFILIATES, BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, ARISING FROM YOUR USE OF THE SERVICES OR ANY PRODUCTS PROCURED USING THE SERVICES; OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES OR PRODUCTS, 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 THE USE OF THE SERVICES OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY THEREOF.
SECTION 17 - INDEMNIFICATION You agree to indemnify, defend, and hold harmless KINU BEAUTY, Shopify, and our affiliates, partners, officers, directors, employees, agents, merchants, licensors, and service providers from any losses, damages, liabilities, or claims, including reasonable attorneys' fees, made by any third party due to or arising out of: (1) your violation of these Terms of Service or the documents they incorporate by reference, (2) your violation of any law or the rights of a third party, (3) your access to and use of the Services. We will notify you of any indemnifiable claim, provided that any delay in notification shall not relieve you of your obligations unless you are materially prejudiced. We may control the defense and settlement of such claim at your expense, including the choice of counsel, but we will not settle claims that require non-monetary obligations on your part without your consent (which shall not be unreasonably withheld). You will cooperate in the defense of any non-indemnifiable claims, including providing relevant documentation.
SECTION 18 - 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 to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 19 - WAIVER; ENTIRE AGREEMENT The failure of Shopify 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 posted by us on this site or in respect to the Services constitute the entire agreement and understanding between you and us and govern your use of the Services, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 20 - ASSIGNMENT You may not delegate, transfer, or assign this Agreement or any of your rights or obligations under these Terms without our prior written consent; any attempt to do so shall be null and void. We may transfer, assign, or delegate these Terms and our rights and obligations without notice or your consent.
SECTION 21 - GOVERNING LAW These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the federal, state, or territorial courts in the jurisdiction where KINU BEAUTY is based. You and KINU BEAUTY agree to the venue and personal jurisdiction in said courts.
SECTION 22 - HEADINGS The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 23 - CHANGES TO 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, change, 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 for changes. We will notify you of changes to any material parts of these Terms in accordance with applicable laws, and such changes will be effective from the date indicated in the notice. Your continued use of or access to the Services following the posting of any changes to the Terms of Service constitutes acceptance of those changes.
SECTION 24 - CONTACT INFORMATION Questions about the Terms of Service should be sent to us at info@kinu-beauty.com. Our contact information is as follows: [KINU BEAUTY operated by Aurei OÜ] info@kinu-beauty.com [Harju maakond, Tallinn, Kesklinna linnaosa, Vesivärava tn 50-301, 10152 Estonia] [+39 ]