Terms of service

Welcome to kakavii!

The terms “we,” “us,” and “our” refer to kakavii. We operate this store and website and provide a curated shopping experience—including all information, content, features, tools, products, and services available therein (collectively, the “Service”).

kakavii is powered by Shopify and offers the Service to you.

These Terms of Service (hereinafter referred to as the “Terms”) and all policies referenced herein outline your rights and responsibilities when using our Service.

These Terms contain important legal information regarding your rights, including disclaimers and limitations of liability. Please read them carefully.

By browsing or interacting with our Service, you agree to these Terms of Service and our [Privacy Policy]. If you do not agree to either, please do not access or use our Service.

Article 1 – Access and Account

By agreeing to these Terms of Service, you confirm that you are of legal age in your state or region of residence, and that you consent to any minor dependents using this Service via your owned or controlled devices.

To access or use our Service—including browsing our online store or purchasing goods and services—we may ask you to provide certain information, such as your email address, billing details, payment information, and shipping address. You represent and warrant that all information you provide is accurate, current, complete, and that you have the legal right to provide such information.

You are solely responsible for managing your account credentials and all activity occurring under your account. You may not transfer, sell, sublicense, or assign your account to others.

Article 2 – Our Products

We make every effort to display the products and services on our online store as accurately as possible. However, due to variations in devices and their settings, the colors and appearance of products may differ from what you see on your screen.

We do not guarantee that the appearance or quality of any products or services purchased will meet your expectations or match the descriptions shown on our store exactly.

Descriptions of products may be changed at our discretion without prior notice. We reserve the right to discontinue any product at any time and may limit the quantity of products available to any individual, region, or jurisdiction.

Article 3 – Orders

Submitting an order constitutes an offer to purchase. We reserve the right, at our sole discretion, to accept or decline any order for any reason. An order is not considered final until we confirm acceptance. Payment must be received and processed before we accept an order.

Please ensure all order details are correct before finalizing. Once accepted, we may not be able to accommodate cancellation requests.

If we do not accept, modify, or cancel your order, we will make reasonable efforts to notify you via the email address, billing address, or phone number provided.

Returns or exchanges are only handled in accordance with our [Refund Policy].

You represent and warrant that any purchases made are for personal or household use only and not for commercial resale or export purposes.

Article 4 – Pricing and Billing

Prices, discounts, and promotions are subject to change without notice. The applicable price of a product or service is the one displayed at the time of your order and will be listed in your order confirmation email.

Unless otherwise stated, prices do not include taxes, shipping fees, handling charges, customs duties, or import fees.

Prices shown on our online store may differ from those offered at physical retail stores or through third-party sellers.

We may run promotions from time to time that affect pricing. These promotions may be governed by separate terms. In the event of any conflict between those terms and these Terms of Service, the promotional terms will prevail.

By making a purchase on our store, you agree to provide accurate, current, and complete information for all transactions, including payment and account details. You also agree to promptly update your email address, credit card number and expiration date, and other relevant information so we can complete your transactions and contact you when necessary.

You represent and warrant that:

(i) all credit card information you provide is truthful, accurate, and complete;

(ii) you are authorized to use the payment method;

(iii) charges will be accepted by your credit card issuer; and

(iv) you will pay all charges including applicable taxes, shipping, and handling fees.

Article 5 – Shipping and Delivery

We are not responsible for delays in delivery. Estimated shipping times are provided for reference only and are not guaranteed.

We are not liable for delays caused by shipping carriers, customs clearance, or circumstances beyond our control.

Once the product has been handed over to the carrier, ownership and risk of loss transfer to you.

Article 6 – Intellectual Property Rights

All content on the Service—including trademarks, brand names, text, visuals, graphics, reviews, videos, audio, and their design, selection, and arrangement—is the property of kakavii, its affiliates, or licensors, and is protected under U.S. and international patent, copyright, and intellectual property laws.

You are granted a limited, non-commercial, personal-use license to access and use the Service under these Terms.

You may not reproduce, distribute, modify, create derivative works, publicly display or perform, republish, download, store, or transmit any content from the Service without our prior written consent.

Except as expressly stated in these Terms, no rights or licenses are granted to you under any intellectual property rights of kakavii, Shopify, or third parties. Unauthorized use may violate federal and state intellectual property laws.

All rights not expressly granted to you in these Terms are reserved by kakavii.

The kakavii name, logo, product and service names, designs, and slogans are trademarks of kakavii or its licensors. You may not use them without prior written permission.

Shopify’s name, logo, and associated marks are trademarks of Shopify. Other names, logos, product and service names, designs, and slogans on the Service are the trademarks of their respective owners.

Article 7 – Optional Tools

We may provide you with access to third-party tools as part of the Service, over which we neither monitor nor have any control or input.

You acknowledge 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.

Any use of such tools offered through the site is entirely at your own risk and discretion. You should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new features or services through the website (including the release of new tools and resources). Such new features or services will also be subject to these Terms of Service.

Article 8 – Third-Party Links

The Service may include materials from or links to third-party websites or services (including embedded third-party features).

We are not responsible for examining or evaluating the content or accuracy of such third-party materials or websites and do not warrant or assume any liability for them.

If you access third-party websites or use third-party products or services, you do so at your own risk.

We are not liable for any harm or damages related to your use or purchase of goods, services, resources, or content from third parties.

Please review the third party’s policies and practices carefully and ensure you understand them before engaging in any transaction.

Complaints, claims, concerns, or questions regarding third-party products or services should be directed to the third party.

Article 9 – Relationship with Shopify

[Notice to merchants: This section accurately reflects the relationship between Shopify and your store and should not be deleted or modified.]

kakavii is powered by Shopify and uses Shopify to provide the Service to you.

However, all transactions and purchases you make through our store are made directly with kakavii.

By using the Service, you acknowledge and agree that Shopify is not responsible for any aspect of the sales or purchases made between you and kakavii, including any damages or injuries resulting from purchased goods or services.

You expressly release Shopify and its affiliates from any claims, damages, or liabilities arising out of or related to your transactions with kakavii.

Article 10 – Privacy Policy

All personal information collected through the Service is subject to our [Privacy Policy], which you can view [here].

Certain information may also be subject to Shopify’s [Privacy Policy], which is available [here].

By using our Service, you acknowledge that you have read and understood these privacy policies.

Because the Service is hosted on Shopify, Shopify collects and processes certain personal data related to your access and use of the Service in order to operate and improve the Service.

Information you submit through the Service may be shared with or transferred to Shopify or its partners, including those located outside your country of residence, for the purpose of providing and supporting the Service.

For more information on how kakavii, Shopify, and their partners handle your personal data, please refer to the applicable privacy policies linked above.

Article 11 – Feedback

If you submit, upload, post, email, or otherwise transmit any ideas, suggestions, feedback, plans, proposals, or other content (collectively, “Feedback”), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute, and display such Feedback for any purpose, including commercial use.

We may use this license to operate, provide, evaluate, improve, promote, or enforce the Service, or to exercise our rights and fulfill our obligations under these Terms.

You represent and warrant that:

(i) you own or have all necessary rights to provide the Feedback,

(ii) you disclose any compensation or incentives you received in relation to the Feedback,

(iii) your Feedback complies with these Terms.

We have no obligation to:

(1) treat your Feedback as confidential,

(2) pay compensation for any Feedback, or

(3) respond to any Feedback.

We reserve the right, but are not obligated, to monitor, edit, or remove Feedback that we deem unlawful, offensive, threatening, defamatory, obscene, or otherwise objectionable, or that violates the rights of third parties or these Terms.

You agree not to submit Feedback that infringes any third-party rights, including copyright, trademark, privacy, publicity, or personal rights.

You further agree not to submit any false, misleading, abusive, obscene, or harmful content, or any Feedback containing viruses or malware that may affect the operation of the Service or any related website.

You may not use a false email address, impersonate another person or entity, or otherwise mislead us or third parties about the origin of the Feedback.

You are solely responsible for the content and accuracy of any Feedback you provide. We assume no liability for any Feedback posted by you or any third party.

Article 12 – Errors, Inaccuracies, and Omissions

The Service may occasionally contain typographical errors, inaccuracies, or omissions related to product descriptions, pricing, promotions, offers, shipping charges, delivery times, availability, or other information.

We reserve the right to correct any such errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information on the Service is inaccurate—at any time and without prior notice, including after you have placed an order.

Article 13 – Prohibited Uses

You may only access and use the Service for lawful purposes.

You agree not to use the Service, directly or indirectly, for any of the following purposes:

(a) Any unlawful or malicious purpose

(b) Violation of any international, federal, provincial, state, or local laws or regulations

(d) Harassment, abuse, insult, harm, defamation, slander, intimidation, or discrimination based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability

(e) Submitting false or misleading information

(f) Uploading or transmitting material that violates these Terms

(g) Sending unsolicited messages (e.g., spam, chain letters, or other forms of solicitation)

(h) Impersonating another person or entity or misrepresenting your identity

(i) Interfering with or restricting the enjoyment of the Service by others, or engaging in any activity that could harm kakavii, Shopify, or other users of the Service

You also agree not to:

Upload or transmit viruses, malware, or any other harmful code that could affect the functionality of the Service or any related websites
Reproduce, copy, sell, resell, or exploit any part of the Service without express written permission
Collect or track the personal data of others
Engage in spamming, phishing, pharming, pretexting, web crawling, or scraping
Interfere with or circumvent the security features of the Service or any related site, service, or the Internet

If we determine, in our sole discretion, that you have violated any provision of these Terms, we reserve the right to suspend, disable, or terminate your account and access to the Service without prior notice.

Article 14 – Termination

We may, at our sole discretion and without notice, terminate this agreement or your access to the Service (or any part of it) at any time. You will remain liable for all amounts due up to and including the date of termination.

The following sections will continue to apply even after termination:

Intellectual Property Rights, Feedback, Termination, Disclaimers, Limitation of Liability, Indemnification, Severability, Waiver, Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions that by nature should survive termination.

Article 15 – Disclaimer of Warranties

Information provided through the Service is intended for general informational purposes only.

We do not guarantee the accuracy, completeness, or usefulness of such information. Any reliance you place on this information is strictly at your own risk. We disclaim all responsibility and liability arising from any reliance placed on such content by you or any other user.

Except as expressly stated by kakavii, the Service and all products provided through it are offered “as is” and “as available” without warranties of any kind, either express or implied.

This includes but is not limited to warranties of merchantability, fitness for a particular purpose, durability, title, and non-infringement.

We do not guarantee that the Service will be uninterrupted, timely, secure, or error-free.

Some jurisdictions do not allow the exclusion of certain implied warranties, so some of the above disclaimers may not apply to you.

Article 16 – Limitation of Liability

To the fullest extent permitted by law, kakavii, along with our partners, directors, officers, employees, affiliates, agents, contractors, service providers, licensors, and Shopify and its affiliates, shall not be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind.

This includes, but is not limited to:

Loss of profits
Loss of revenue
Loss of savings
Loss of data
Replacement costs
Or any similar damages

Whether based in contract, tort (including negligence), strict liability, or otherwise, these limitations apply even if we have been advised of the possibility of such damages.

We are not liable for any errors or omissions in any content (or products) posted, transmitted, or otherwise made available through the Service, nor for any loss or damage of any kind resulting from the use of the Service or any content shared via the Service.

Article 17 – Indemnification

You agree to indemnify, defend, and hold harmless kakavii, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any loss, damage, liability, claim, or demand (including reasonable attorneys’ fees) arising out of or related to:

Your violation of these Terms of Service or any incorporated documents
Your violation of any law or the rights of a third party
Your access to or use of the Service

We will notify you promptly of any such claims. Failure to provide prompt notice will not relieve you of your indemnification obligations unless it causes you material prejudice.

We reserve the right to assume exclusive defense and control of any claim at your expense and to select our legal counsel.

We will not settle any claim involving non-monetary obligations on your part without your consent, which shall not be unreasonably withheld.

You agree to fully cooperate in the defense of any such claim.

Article 18 – Severability

If any provision of these Terms is found to be unlawful, void, or unenforceable, that provision shall still be enforced to the maximum extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms.

Such a determination will not affect the validity and enforceability of any remaining provisions.

Article 19 – Waiver and Entire Agreement

Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

These Terms of Service, along with any policies or operational rules posted by us on this site or in relation to the Service, constitute the entire agreement and understanding between you and kakavii.

They supersede any prior or contemporaneous agreements, communications, or proposals—whether oral or written—between you and us (including earlier versions of the Terms).

Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.

Article 20 – Assignment

You may not assign, transfer, or delegate any of your rights or obligations under these Terms without our prior written consent.

Any attempted assignment or delegation in violation of this provision shall be null and void.

We may freely assign, transfer, or delegate our rights and obligations under these Terms without notice or your consent.

Article 21 – Governing Law

These Terms of Service and any separate agreements related to the Service shall be governed by and interpreted in accordance with the laws of the jurisdiction where kakavii’s head office is located.

You and kakavii agree to submit to the personal jurisdiction of the federal or local courts located in that jurisdiction.

Article 22 – Headings

The headings used in this agreement are included for convenience only and will not limit or otherwise affect the interpretation of these Terms.

Article 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, modify, or replace any part of these Terms by posting updates and changes to our website.

It is your responsibility to check our website periodically for changes. We will notify you of any material changes to the Terms in accordance with applicable law.

Unless otherwise stated, changes will take effect on the date they are posted.

Your continued use of or access to the Service following the posting of any changes constitutes acceptance of those changes.