Terms and Conditions of Kawaii Tees
1. Introduction
Kawaii Tees Ltd operates this website on behalf of Kawaii Tees. In this document, the terms “we,” “us,” and “our” refer to Kawaii Tees Ltd. Your use of our website is governed by the following terms and conditions of use, which may be amended periodically (referred to as the “Terms”). You should read these Terms in conjunction with any additional terms, conditions, or disclaimers provided on our website pages. Please carefully review these Terms. They apply to all users of our website, including but not limited to browsers, customers, merchants, vendors, and content contributors. By accessing and using this website, you accept and agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms or our Privacy Policy, you are not authorized to access our website, use our services, or place orders through our website.
2. Agreement to the Terms
By accessing and using our website, you agree to use it solely for lawful purposes and refrain from engaging in illegal or unauthorized activities, which include but are not limited to violating intellectual property rights or privacy laws. By accepting these Terms, you confirm and guarantee that you have reached the age of majority in your state or province of residence and possess the legal capacity to enter into a binding contract.
Furthermore, you agree not to employ our website for any activities that could be considered a civil or criminal offence or in violation of any laws. You also pledge not to attempt to disrupt the network or security features of our website nor to gain unauthorized access to our systems.
To facilitate the completion of your order or to communicate with you as necessary, you agree to provide us with accurate personal information, including your email address, mailing address, and other contact details. It is your responsibility to update your account and keep your information current promptly. By agreeing to these Terms, you authorize us to collect and utilize this information to contact you in accordance with our Privacy Policy.
3. Amendments to the Terms
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. It is your responsibility to review these Terms for changes periodically. Your continued use of the website following the posting of changes will mean that you accept and agree to the changes.
4. Our Services and Products
Kawaii Tees provides an online platform for users to purchase a variety of products, primarily clothing, with unique designs. The descriptions of our Products and Services provided on our website are as detailed and accurate as possible. However, we do not warrant that the descriptions, colours, information or other content available on the website are accurate, complete, reliable, current, or error-free.
5. Your Personal Information
Please see our Privacy Policy page to learn about how we collect, use, and share your personal information.
6. Account Registration
To use certain features of our Services, you may be required to create an account with us. When you create an account, you agree to provide accurate, current and complete information about yourself as prompted by our registration form.
7. Pricing and Payments
All prices displayed on our website are in Canadian dollars. Kawaii Tees reserves the right to change the prices and availability of our Products and Services at any time. Payment for Products and Services must be made by a valid credit or debit card or other payment methods we may accept.
8. Order Confirmation and Cancellation
Upon placing an order, you will receive an email confirming the receipt of your order. However, your order has yet to be accepted. We reserve the right to reject any order for any reason.
9. Shipping and Delivery
We will make every effort to fulfill your order within the estimated time frames provided. However, we cannot guarantee delivery times and will not be responsible for any delays due to carrier issues.
10. Return and Refund Policy
Any claims for misprinted/damaged/defective items must be submitted within 30 days of receiving the product. For packages lost in transit, all claims must be submitted no later than 30 days after the estimated delivery date. Claims deemed an error on our part are covered at our expense. Please see our returns page for more information.
11. Intellectual Property
All content included on the website, including but not limited to text, graphics, logos, images, and software, is our property or the property of our content suppliers and is protected by international copyright laws.
12. User Conduct
Users are prohibited from using our Website or Services to conduct any activity that violates the rights of others or is illegal under applicable law.
13. Third-Party Website Links
Links to external websites from our website are provided solely for convenience purposes. We do not undertake the review, endorsement, approval, or control of these websites, the content they contain, the third parties mentioned therein, or the products and services they offer. Your decision to access and link to any external website is entirely at your own risk, and we disclaim any responsibility or liability for any damages incurred as a result of such linking.
In addition, links to websites offering downloadable software are provided for convenience only, and we do not accept responsibility or liability for any difficulties or consequences arising from the download of such software. The usage of any downloaded software is subject to the terms specified in the accompanying license agreement, if applicable, that accompanies or is provided with the software.
14. Limitation of Liability
You acknowledge and accept that your use of our website is entirely at your own risk. Our website is provided “as is” without any warranties, representations, or conditions, whether express or implied. This includes but is not limited to, warranties of availability, accuracy, completeness, uninterrupted access, usefulness of information or content, and any warranties of title, non-infringement, merchantability, or fitness for a particular purpose. We don’t guarantee that our website, its functioning, or the content and material of the services provided will be timely, secure, uninterrupted, or error-free. We also do not warrant that our website or the servers making it available are free from viruses or other harmful components.
You assume full responsibility for any costs associated with your use of our website, and we shall not be liable for any damages of any kind related to such use.
In no event shall we, our affiliates, content or service providers, or any of our respective directors, officers, employees, agents, or suppliers be liable to you for any direct, indirect, special, incidental, consequential, exemplary, or punitive damages. This includes but is not limited to damages such as lost revenue, lost profits, lost business or sales, or any other type of damage arising from your use of, or the inability to use, or the performance of, our website or its content, material, or functionality. This applies whether the basis of the claim is contract, tort (including negligence), strict liability, or any other legal theory, even if we have been advised of the possibility of such damages.
Please note that certain jurisdictions may not allow the limitation of liability or the exclusion or limitation of certain damages. In such cases, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and our liability will be limited to the maximum extent permitted by law.
15. Indemnification
You agree to indemnify, defend, and hold harmless Kawaii Tees, its officers, directors, employees, and agents from and against all losses, expenses, damages, and costs, including reasonable attorneys’ fees, arising from any violation of these Terms or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the website using your account.
16. Governing Law and Jurisdiction
These Terms shall be governed by the laws of the province of Ontario, Canada, without regard to its conflict of law provisions. You agree to submit to the personal jurisdiction of the courts located in Ontario for any actions for which we retain the right to seek injunctive or other equitable relief.
IF YOU ARE A U.S. RESIDENT, YOU ALSO AGREE TO THE FOLLOWING MANDATORY ARBITRATION PROVISIONS: ARBITRATION AGREEMENT AND CLASS ACTION WAIVER:
Purpose:
This Arbitration Agreement is designed to facilitate the quick and effective resolution of any disputes that may arise between you and Kawaii Tees. Arbitration is a method of private dispute resolution where the parties involved in a contract agree to present their disputes and potential disputes to an impartial third party (known as an arbitrator) for a final and binding decision instead of pursuing legal action in a court of law before a judge or jury trial. You have the right to opt out of this Arbitration Agreement, as explained below. This means you would retain your right to litigate your disputes in a court, either before a judge or jury.
Please read the Arbitration Agreement carefully. This agreement mandates that all disputes between you and Kawaii Tees will be resolved through binding arbitration. Arbitration replaces the option to pursue litigation in court. Without this arbitration agreement, you may have otherwise had the right or opportunity to bring claims before a judge or jury in court and participate in or be represented in a case initiated by others, including class actions. By entering into this Arbitration Agreement, you waive your right to litigate claims in court and forfeit any opportunity for a judicial hearing. Arbitration does not involve a judge or jury, and court review of an arbitration award is limited. The arbitrator is bound by this Arbitration Agreement and has the authority to award the same damages and relief as a court, including attorney’s fees, if allowed by applicable law.
For the purpose of this Arbitration Agreement, “Kawaii Tees” means Kawaii Tees and its parents, subsidiaries, and affiliated companies, and each of their respective officers, directors, employees, and agents. The term “Dispute” means any dispute, claim, or controversy between you and Kawaii Tees regarding any aspect of your relationship with Kawaii Tees, whether based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, negligence, gross negligence, or reckless behaviour), or any other legal or equitable theory, and includes the validity, enforceability, or scope of this Arbitration Agreement (with the exception of the enforceability of the Class Action Waiver clause below). “Dispute” is to be given the broadest possible meaning that will be enforced.
WE EACH AGREE THAT, EXCEPT AS PROVIDED BELOW, ANY AND ALL DISPUTES, AS DEFINED ABOVE, WHETHER PRESENTLY IN EXISTENCE OR BASED ON ACTS OR OMISSIONS IN THE PAST OR IN THE FUTURE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION RATHER THAN IN COURT IN ACCORDANCE WITH THIS ARBITRATION AGREEMENT.
Pre-Arbitration Dispute Resolution:
For all Disputes, whether pursued in court or arbitration, you must first give Kawaii Tees an opportunity to resolve the Dispute. You must commence this process with written notification. That written notification must include the following:
- Your name
- Your address
- A written description of the Dispute
- A description of the specific relief you seek.
If Kawaii Tees does not resolve the Dispute to your satisfaction within 45 days after it receives your written notification, you may pursue your Dispute in arbitration. You may pursue your Dispute in court only under the circumstances described below.
Arbitration Procedures:
If this Arbitration Agreement applies and the Dispute is not resolved as provided above (“Pre-Arbitration Claim Resolution”), either you or Kawaii Tees may initiate arbitration proceedings. The American Arbitration Association (“AAA”), www.adr.org, or JAMS, www.jamsadr.com, will arbitrate all Disputes, and the arbitration will be conducted before a single arbitrator. The arbitration shall be commenced as an individual arbitration and shall in no event be commenced as a representative or class arbitration. All issues shall be decided by the arbitrator, including the scope of this Arbitration Agreement.
For arbitration before the AAA, for Disputes of less than $75,000, the AAA’s Supplementary Procedures for Consumer-Related Disputes will apply; for Disputes involving $75,000 or more, the AAA’s Commercial Arbitration Rules will apply. In either instance, the AAA’s Optional Rules for Emergency Measures of Protection shall apply. The AAA rules are available at www.adr.org or by calling 1-800-778-7879. For arbitration before JAMS, the JAMS Comprehensive Arbitration Rules & Procedures and the JAMS Recommended Arbitration Discovery Protocols for Domestic; Commercial Cases will apply. The JAMS rules are available at www.jamsadr.com or by calling 1-800-352-5267. This Arbitration Agreement governs in the event of a conflict with the applicable arbitration rules. Class action procedures or rules will not apply to the arbitration under any circumstances.
Because your contract with Kawaii Tees, the Terms of Service, and this Arbitration Agreement concern interstate commerce, the Federal Arbitration Act (“FAA”) governs the arbitrability of all Disputes. However, the arbitrator will apply applicable substantive law consistent with the FAA and the applicable statute of limitations or condition precedent to suit.
Arbitration Award:
The arbitrator may award on an individual basis any relief that would be available pursuant to applicable law and will not have the power to award relief to, against, or for the benefit of any person who is not a party to the proceeding. The arbitrator shall make any award in writing but need to provide a statement of reasons only if requested by a party. Such award by the arbitrator will be final and binding on the parties, except for any right of appeal provided by the FAA, and may be entered in any court having jurisdiction over the parties for purposes of enforcement.
Location of Arbitration:
You may initiate arbitration in either Ontario, Canada, or in the federal judicial district that includes your address provided in your written notification of Pre-Arbitration Dispute Resolution. If Kawaii Tees initiates arbitration, it may only do so in the federal judicial district that includes your address provided in your written notification of Pre-Arbitration Dispute Resolution.
Payment of Arbitration Fees and Costs:
Kawaii Tees will pay all arbitration filing fees and arbitrator’s costs and expenses upon your written request given prior to the commencement of the arbitration. You are responsible for all additional fees and expenses incurred in the arbitration, including, but not limited to, attorneys or expert witnesses. Fees and costs may be awarded as provided pursuant to applicable law. In addition to any rights to recover fees and costs under applicable law, if you provide notice and negotiate in good faith with Kawaii Tees as provided in the section above titled “Pre-Arbitration Dispute Resolution” and the arbitrator concludes that you are the prevailing party in the arbitration, you will be entitled to recover from Kawaii Tees your actual and reasonable attorney’s fees and costs as determined by the arbitrator.
Class Action Waiver:
The parties agree that the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, representative action, consolidated action, or private attorney general action) unless both you and Kawaii Tees expressly agree to do so following initiation of the arbitration. Neither you nor any other customer of Kawaii Tees or user of Kawaii Tees services can be a class representative, class member, or otherwise participate in a class, representative, consolidated, or private attorney general proceeding without having complied with the opt-out requirements above.
Limitation of Procedural Rights:
By entering into this Arbitration Agreement, you understand and agree that you and Kawaii Tees are each agreeing to arbitration instead of the right to a trial before a judge or jury in a public court. In the absence of this Arbitration Agreement, you and Kawaii Tees might otherwise have had a right or opportunity to bring disputes in a court before a judge or jury and to participate or be represented in a case filed in court by others (including class actions). Except as otherwise provided below, you give up those rights. Other rights that you would have if you went to court, such as the right to appeal and to certain types of discovery, may be more limited in arbitration. The right to appellate review of an arbitrator’s decision is much more limited than in court, and in general, an arbitrator’s decision may not be appealed for errors of fact or law.
Severability:
If any clause within this Arbitration Agreement (other than the Class Action Waiver clause above) is found to be illegal or unenforceable, that clause will be severed from this Arbitration Agreement, and the remainder of this Arbitration Agreement will be fully effective.
If the Class Action Waiver clause is found to be illegal or unenforceable, then this entire Arbitration Agreement will be unenforceable, and a court will decide the Dispute.
Continuation:
This Arbitration Agreement shall remain in effect even after the termination of your contract with Kawaii Tees and your use of Kawaii Tees services.
17. Severability
If any provision of these Terms is deemed to be invalid or unenforceable, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.
18. Entire Agreement
The Terms, along with any specifically mentioned accompanying documents, constitute the complete agreement between you and us regarding the subject matter contained within the Terms. They replace any previous agreements, understandings, or arrangements between you and us, whether spoken or written. Both parties acknowledge that, upon entering into these Terms, neither you nor we have depended on any representations, commitments, or promises made by the other party or inferred from any conversations or written materials exchanged between you and us prior to the aforementioned Terms, unless explicitly stated within the Terms.
19. Waiver
No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Kawaii Tees’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
Feedback And Questions
We welcome and encourage you to ask questions or to provide feedback, comments, and suggestions for improvements to the Website, Services, and Products. Please contact Kawaii Tees and get in touch with us.