Effective: 10/28/2024

1. Company Information

ABCD Company dba Kaori Cosmetics, (we, our and us) operates the website.

ABCD Company dba Kaori Cosmetics, is an S-corporation, incorporated in California, USA.

Kaori Cosmetics is an online retailer with a merchant storefront hosted by Shopify.

Our contact email address is admin@kaoricosmetics.com

Please read these terms and conditions ("terms and conditions", "terms") carefully before using kaoricosmetics.com, website (“website”, "service") operated by ABCD Company, doing business as Kaori Cosmetics (“us", 'we", "our").

Conditions of use

By using this website, you certify that you (“you, “consumer”) have read and reviewed this Agreement and that you agree to comply with its terms. If you do not want to be bound by the terms of this Agreement, you are advised to stop using the website accordingly. ABCD Company dba Kaori Cosmetics only grants use and access of this website, its products, and its services to those who have accepted its terms.

It is your responsibility to ensure that any persons who access our website on your computer (2) or devices (2), or who are permitted or able to access our website on your computer (s) or device(s), or who use your internet connection, are aware of the Terms and Conditions and all other documents referred in the, and that all such persona agree to be bound by and comply with the Terms and Conditions. 

By accessing and using our website, you agree to be bound by the terms and conditions contained in these Terms of Use.

If you do not agree to the terms set out in these Terms of Use, you must not use our website.

Our storefront is hosted on the Shopify platform. If you do not agree with the Shopify platform Terms of Use, you must not use our website.

Privacy policy

Before you continue using our website, we advise you to read our privacy policy regarding our user data collection. It will help you better understand our practices.

Age restriction

You must be at least 18 (eighteen) years of age before you can use this website. By using this website, you warrant that you are at least 18 years of age and you may legally adhere to this Agreement. ABCD Company dba Kaori Cosmetics assumes no responsibility for liabilities related to age misrepresentation.

Intellectual property

You agree that all materials, products, and services provided on this website are the property of [company name], its affiliates, directors, officers, employees, agents, suppliers, or licensors including all copyrights, trade secrets, trademarks, patents, and other intellectual property. You also agree that you will not reproduce or redistribute the [company name]’s intellectual property in any way, including electronic, digital, or new trademark registrations.

You grant [company name] a royalty-free and non-exclusive license to display, use, copy, transmit, and broadcast the content you upload and publish. For issues regarding intellectual property claims, you should contact the company in order to come to an agreement.

User accounts

As a user of this website, you may be asked to register with us and provide private information. You are responsible for ensuring the accuracy of this information, and you are responsible for maintaining the safety and security of your identifying information. You are also responsible for all activities that occur under your account or password.

If you think there are any possible issues regarding the security of your account on the website, inform us immediately so we may address them accordingly.

We reserve all rights to terminate accounts, edit or remove content and cancel orders at our sole discretion.

Availability of Website 

Our website is provided for primary users in the United States. While consumers may access the website from other countries, we make no representation that our website is compliant with any legal requirements in force in any jurisdiction other than the United States, or that the content available on the website will be appropriate for users in other countries or states.

We make no representations and provide no warranties that the website will be made available at any specific time or from any specific geographical location. We make no representation that consumer access to the website will be uninterrupted; or the website will be accessible or optimized on all browsers, computers, tablets, phones or viewing platforms.

We reserve the right to suspend access to all or part of the website for any reason, including for business or operational reasons to include improving the appearance or functionality of the website, content updates, periodic maintenance, or to resolve any issues that we become aware of. We will attempt to notify consumers that that we need to suspend access to the website for a considerable period of time, and we will try to provide you with prior notice where reasonably applicable.

Applicable law

By using this website, you agree that the laws of the State of California, United States of America, without regard to principles of conflict laws, will govern these terms and conditions, or any dispute of any sort that might come between ABCD Company dba Kaori Cosmetics and you, or its business partners and associates.

Disputes

Any dispute related in any way to your use of this website or to products you purchase from us shall be arbitrated by state or federal court in California and you consent to exclusive jurisdiction and venue of such courts.

Indemnification 

You agree to indemnify ABCD Company dba Kaori Cosmetics and its affiliates and hold ABCD Company dba Kaori Cosmetics harmless against legal claims, damages, losses, expenses, including, without limitation, reasonable legal and attorneys’ fees and costs, arising out of or in any way connected with any of the following (including as a result of your direct activities on the website or those conducted on your behalf):

• your uploads, access to or use of the website;

• your breach or alleged breach of these Terms of Use;

• your violation of any third-party right, including, without limitation, any intellectual property right, publicity, confidentiality, property or privacy right;

• your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; or

• any misrepresentation made by you.

Or any action legal action that may arise from your use or misuse of our services. We reserve the right to select our own legal counsel. 

Limitation on liability

ABCD Company dba Kaori Cosmetics is not liable for any damages that may occur to you because of your misuse of our website.

We do not exclude liability for unlawful situations, such as death or personal injury due to negligence. If applicable law restricts any liability limitations, they will only apply to the maximum extent allowed.

For purchases from our website, different liability exclusions apply as outlined in our terms of sale.

**Limitations of Liability: ** We (including our affiliates and agents) are not liable for any loss or damage (direct, indirect, punitive, etc.) arising from your use of our website, data loss, access issues, reliance on website content, loss of business or reputation, or other indirect losses, even if we were advised of potential damages. You assume full responsibility for any related costs.

We are not liable for damages that could have been avoided by following our advice or installation instructions. We also are not responsible for third-party content or conduct.

If you incur damages due to our actions, you acknowledge that they are not irreparable and do not entitle you to an injunction against our operations.

If any part of these liability exclusions is unenforceable, it will be interpreted as a limitation of liability to the maximum extent permitted by law.

Dispute Resolution

This Clause 18 constitutes a "written agreement to arbitrate" under the Federal Arbitration Act, and both you and ABCD Company dba Kaori Cosmetics agree that it satisfies the Federal Arbitration Act “writing” requirement.

1. Attempt to Resolve Disputes: If a dispute arises related to the Website, Terms of Use, or intellectual property (“Dispute” or “Excluded Dispute”), you agree to send written notice with a description and proposed resolution. We’ll send notice to your last provided contact; if unavailable or outdated, we hold no obligation. Send your notice to: Kaori Cosmetics, Attn: Legal at admin@kaoricosmetics.com.

2. 60-Day Resolution Period: For 60 days after notice, Kaori Cosmetics and you will discuss potential resolutions, though neither is required to accept any specific terms.

3. Arbitration: If unresolved after 60 days, either party may pursue arbitration. All Disputes with a claimed value less than $250,000 will be handled by a single arbitrator with at least 15 years of relevant legal experience under California-based arbitration panel. All Disputes with a claimed value over $250,000 will be handled by a three-panel arbitrator with at least 15 years of combined relevant legal experience under California-based arbitration panel.

**Arbitration Terms**: In arbitration, the arbitrator must follow these Terms of Use and may award damages and other relief, including attorneys' fees. Unlike court, (A) there is no judge or jury, (B) proceedings and outcomes are confidential, and (C) judicial review is limited. Each party may have an attorney or advocate at their own expense. In-person hearings, if required, will be held in San Diego, California. Arbitration fees will be split according to rules. Discovery will follow arbitration rules, and the arbitrator’s written decision will include findings, which may be entered in court under the Federal Arbitration Act.

Changes to Terms and Conditions

ABCD Company dba Kaori Cosmetics reserves the right to edit, modify, and change this Agreement at any time. We shall let our users know of these changes through electronic mail. This Agreement is an understanding between ABCD Company dba Kaori Cosmetics and the user, and this supersedes and replaces all prior agreements regarding the use of this website.

If required by law, we will notify you of changes to these Terms of Use or related documentation by posting a notice on our website or updating the documents with a new effective date. By continuing to use our website after updates, you agree to the revised Terms of Use, terms of sale, user content agreement, privacy policy, and cookies policy. Please review these documents each time you access our site to stay informed of the current terms. The last amended date is listed at the top of each document as the “effective date.”

Disclaimer

The website is provided "as is" and "as available." We make no warranties, express or implied, regarding the service, content, user content, or data security. All warranties, including merchantability, fitness for a particular purpose, non-infringement, and freedom from viruses, are disclaimed. We don’t guarantee error-free or uninterrupted service, nor accuracy or completeness of information. Use of the website is at your own risk and may not be lawful in all jurisdictions. By using the website, you confirm your activities are lawful in each jurisdiction. We do not endorse any content and disclaim liability for any resulting loss, damage, or claims.

Children’s Privacy: Users under 13 cannot use our website. Users aged 13-18 must have parental or guardian permission. By using the website, you confirm you are either over 13 with permission or of legal age and allowed by local law to engage with the website.

Governing Law and Jurisdiction: These Terms of Use are governed by California law, and any disputes will be resolved exclusively in California courts.

Copyright: These Terms are protected by copyright. All intellectual property rights in this document and website content are reserved.

Viruses and Harmful Content: We do not guarantee our website is virus-free but make efforts to prevent malware. We are not responsible for any viruses or software transferred to your device from our website. Ensure your device has updated antivirus protection. Do not introduce viruses, malware, or attempt unauthorized access or denial-of-service attacks. Any breach may be reported to authorities.

Links to Other Websites: Our website may link to third-party sites, for which we take no responsibility. We do not control their content or data practices. Check their privacy policies before using their sites.

Links to Our Website: You may not link to our site without our written consent. With consent, links must comply with our Terms and not misrepresent us. We may withdraw linking permission anytime, requiring immediate removal of links.

Account Details: We may limit or cancel orders at our discretion, especially for suspected resellers. You agree to provide accurate, up-to-date account information. Undeliverable packages will be refunded per our Returns Policy.

Intellectual Property: All website content is protected by intellectual property laws and cannot be used without permission.

Content Disclaimer: Website content is for general information and should not be relied upon as advice. We make no guarantees of accuracy or completeness.

Permitted Use: Website content is for personal, non-commercial use only. Modifications, extraction, or use of scraping tools require consent. Acknowledge our authorship when sharing content.

Prohibited Use: You must not misuse the website for unlawful purposes, unauthorized marketing, harmful uploads, or any illegal activities. Misuse or violation of terms may lead to termination of services. You must not submit sensitive personal data without understanding it will be processed under GDPR guidelines.