Terms of service
Overview
Welcome to K·KOU Overseas Flagship Store. K·KOU Overseas Flagship Store operates this store and website, including all related information, content, features, tools, products, and services, in order to provide you (the customer) with a carefully curated shopping experience (collectively, the “Service”). K·KOU Overseas Flagship Store is powered by Shopify, which enables us to provide you with the Service described above.
The following Terms of Service, together with any policies referenced herein (collectively, these “Terms” or “Terms of Service”), outline your rights and responsibilities when using our Service.
Please read these Terms of Service carefully, as they contain important information regarding your legal rights, including warranty disclaimers and limitations of liability.
By accessing, interacting with, or using our Service, you agree to be bound by these Terms of Service and our Privacy Policy [link]. If you do not agree with these Terms of Service or Privacy Policy, you should not access or use our Service.
Section 1 - Access Rights and Account
By agreeing to these Terms of Service, you represent that you have reached the legal age of majority in your state or province of residence, and you agree that we may allow any minor dependents in your household to use our Service on devices that you own, purchase, or manage.
To use the Service, including accessing or browsing our online store or purchasing any products or services we provide, you may be required to provide certain information, such as your email address, billing information, payment details, and shipping information. You represent and warrant that all information you provide to us is accurate, complete, current, and that you have all necessary rights to provide such information.
You are solely responsible for maintaining the security of your account credentials and all activities conducted through your account. You may not transfer, sell, assign your account, or permit any other person to use your account.
Section 2 - Our Products
We have made every effort to accurately display our products and services on our online store. However, please note that the actual colours or appearance of products may differ from what you see on your screen due to differences in your device type, settings, and configuration.
We do not guarantee that the appearance or quality of any products or services purchased by you will meet your expectations or will exactly match the descriptions or images displayed in our online store.
All product descriptions may be changed at any time without prior notice. We reserve the right to discontinue any product at any time and may limit the quantities of products offered to any person, geographic region, or jurisdiction at our discretion.
Section 3 - Orders
Your submission of an order constitutes an offer to purchase. K·KOU Overseas Flagship Store reserves the right to accept or reject your order for any reason at our sole discretion. Your order is not considered accepted until it has been confirmed by K·KOU Overseas Flagship Store.
We must receive and process your payment before your order is accepted. Please carefully review your order before submission, as once an order is accepted, K·KOU Overseas Flagship Store may not be able to assist with cancellation requests.
If we do not accept, modify, or cancel your order, we will attempt to notify you using the email address, billing address, and/or phone number provided at the time of order placement.
Your purchase transactions are subject to our Refund Policy [link] for returns and exchanges.
You represent and warrant that your purchase is for personal or household use only and is not intended for commercial resale or export purposes.
Section 4 - Prices and Billing
Prices, discounts, and promotional offers are subject to change without prior notice. The price charged for products or services will be the price displayed at the time your order is placed and will also be shown in your order confirmation email.
Unless otherwise stated, displayed prices do not include taxes, shipping fees, handling charges, customs duties, or import fees.
Prices displayed in our online store may differ from prices offered by physical stores or third-party online stores. We may occasionally provide promotional offers that affect pricing, and such promotions may be governed by separate terms and conditions. If there is any conflict between promotional terms and these Terms, the promotional terms shall prevail.
You agree to provide accurate, complete, and up-to-date purchase, payment, and account information for all purchases made through our store. You agree to promptly update your account information, including your email address, credit card number, and expiration date, so that we can complete transactions and contact you when necessary.
You represent and warrant that: (i) the credit card information you provide is true, accurate, and complete; (ii) you are authorized to use the credit card for the purchase; (iii) charges incurred will be accepted by your credit card issuer; and (iv) you will pay all charges incurred at the posted prices, including shipping fees, handling charges, and applicable taxes (if any).
Section 5 - Shipping and Delivery
We are not responsible for delays in shipping or delivery. All delivery times are estimates only and are not guaranteed.
We are not responsible for delays caused by carriers, customs processing, or events beyond our control.
Once products are handed over to the carrier, ownership and risk of loss transfer immediately to you.
Section 6 - Intellectual Property
Our Service, including but not limited to all trademarks, brand names, text, displays, images, graphics, product reviews, videos, audio, and related designs, selections, and arrangements, are owned by K·KOU Overseas Flagship Store, its affiliates, or licensors and are protected by applicable intellectual property laws.
These Terms allow you to use the Service solely for personal, non-commercial purposes. Without our prior written consent, you may not copy, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store, or transmit any materials from the Service.
Unless expressly stated in these Terms, nothing herein grants or shall be interpreted as granting you any licence or rights to any patents, trademarks, copyrights, or other intellectual property rights of K·KOU Overseas Flagship Store, Shopify, or any third party.
Unauthorized use of the Service may violate applicable intellectual property laws. K·KOU Overseas Flagship Store reserves all rights not expressly granted under these Terms.
The name, logo, product names, service names, designs, and slogans of K·KOU Overseas Flagship Store are trademarks of K·KOU Overseas Flagship Store, its affiliates, or licensors. You may not use such trademarks without prior written permission from K·KOU Overseas Flagship Store.
Shopify’s name, logo, product names, service names, designs, and slogans are trademarks of Shopify. All other names, logos, product names, service names, designs, and slogans displayed through the Service are trademarks of their respective owners.
Section 7 - Optional Tools
As part of the Service, we may provide you with access to third-party tools over which we neither monitor nor have any control or involvement.
You acknowledge and agree that we provide access to such tools on an “as available” and “as is” basis without any warranties, representations, or conditions of any kind and without any endorsement. We shall have no liability arising from or relating to your use of optional third-party tools.
Your use of optional tools offered through the website is entirely at your own risk and discretion. You should ensure that you are familiar with and approve of the terms provided by the relevant third-party providers.
We may also introduce new features through the Service in the future, including new tools and resources. Such new features shall also be considered part of the Service and subject to these Terms of Service.
Section 8 - Third-Party Links
The Service 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 any third-party materials or websites that you choose to access.
If you leave our Service to access such materials or third-party websites, you do so entirely at your own risk.
We shall not be responsible for any harm or damages arising from your access to any third-party websites or from your purchase or use of any products, services, resources, or content available on third-party websites.
Please carefully review the policies and practices of third parties before engaging in any transactions to ensure that you understand their requirements. Complaints, claims, concerns, or questions regarding third-party products and services should be directed to the relevant third party.
Section 9 - Relationship with SHOPIFY
[Merchant Notice: This section accurately describes the relationship between Shopify and your store and should not be deleted or modified.]
K·KOU Overseas Flagship Store is powered by Shopify, allowing us to provide the Service to you. However, all sales and purchase transactions conducted through our store are completed directly between you and K·KOU Overseas Flagship Store.
By using the Service, you acknowledge and agree that Shopify is not responsible for any matters relating to sales transactions between you and K·KOU Overseas Flagship Store, including any injury, damage, or loss caused by purchased products or services.
You expressly release Shopify and its affiliates from any claims, damages, and liabilities arising from or related to purchases and transactions between you and K·KOU Overseas Flagship Store.
Section 10 - Privacy Policy
All personal information collected through the Service is subject to our Privacy Policy, which can be viewed here [link]. Certain personal information may also be subject to Shopify’s Privacy Policy, which can be viewed here.
By using the Service, you acknowledge that you have read these privacy policies.
Because the Service is hosted by Shopify, Shopify collects and processes personal information related to your access to and use of the Service in order to provide and improve the Service.
Information you submit through the Service may be transferred to and shared with Shopify and third parties located in countries outside your own location in order to provide the Service.
Please review our Privacy Policy [link] for more information about how we, Shopify, and our partners use your personal information.
Section 11 - Feedback
If you submit, upload, post, send by email, or otherwise transmit any ideas, suggestions, feedback, reviews, proposals, plans, or other content (collectively, “Feedback”), you grant us a worldwide, perpetual, sublicensable, royalty-free licence to use, reproduce, modify, publish, distribute, and display such Feedback in any media for any purpose, including commercial purposes.
For example, we may exercise our rights under this licence to operate, provide, evaluate, enhance, improve, and promote the Service, and to fulfil and exercise our obligations and rights under these Terms of Service.
You also represent and warrant that: (i) you own or have all necessary rights to submit such Feedback; (ii) you have disclosed any compensation or rewards received for submitting Feedback; and (iii) your Feedback complies with these Terms.
We have no obligation now or in the future to: (1) keep your Feedback confidential; (2) provide compensation for your Feedback; or (3) respond to your Feedback.
We may, but are not obligated to, monitor, edit, or remove Feedback that we determine, in our sole discretion, to be unlawful, offensive, threatening, defamatory, obscene, or otherwise objectionable, or that violates any party’s intellectual property rights or these Terms of Service.
You agree that your Feedback will not violate any rights of any third party, including copyright, trademark, privacy, personality, or other personal or proprietary rights.
You further agree that your Feedback will not contain defamatory, unlawful, abusive, or obscene content, or any computer viruses or other malicious software that may affect the operation of the Service or related websites.
You may not use a false email address, impersonate another person, or otherwise mislead us or third parties regarding the origin of any Feedback.
You are solely responsible for any Feedback you submit and its accuracy. We assume no responsibility or liability for any Feedback posted by you or any third party.
Section 12 - Errors, Inaccuracies and Omissions
Occasionally, there may be information on our Service or within the Service that contains typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, offers, product shipping fees, delivery times, and availability.
We reserve the right to correct any errors, inaccuracies, or omissions, and to change, update information, or cancel orders at any time without prior notice, including after you have submitted your order.
Section 13 - Prohibited Uses
You may only access and use the Service for lawful purposes. You may not access or use the Service, directly or indirectly, for any of the following purposes:
(a) for any unlawful or malicious purpose;
(b) to violate any international, federal, provincial, state, or local laws, regulations, or rules;
(c) to infringe upon or violate our intellectual property rights or the rights of others;
(d) to harass, abuse, insult, harm, defame, slander, intimidate, or discriminate against our employees or any other person;
(e) to submit false or misleading information;
(f) to send, knowingly receive, upload, download, use, or reuse any material that does not comply with these Terms;
(g) to transmit or facilitate the sending of advertising or promotional materials, including spam, chain letters, bulk messages, or similar communications;
(h) to impersonate or attempt to impersonate another person or entity; or
(i) to engage in any activity that restricts or inhibits anyone’s use or enjoyment of the Service, or that may harm K·KOU Overseas Flagship Store, Shopify, or Service users.
You further agree not to:
(a) upload or transmit viruses or other malicious code that may affect the functionality or operation of the Service;
(b) reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service;
(c) collect or track the personal information of others;
(d) engage in spam, phishing, pretexting, crawling, scraping, or data extraction activities; or
(e) interfere with or bypass the security features of the Service or any related website.
We reserve the right to suspend, disable, or terminate your account without notice if we determine that you have violated any provision of these Terms.
Section 14 - Termination
We may terminate this agreement or your access to the Service (or any part thereof) at any time without notice at our sole discretion. You will remain responsible for all amounts due up to and including the termination date.
The following provisions shall survive termination: Intellectual Property, Feedback, Termination, Disclaimer, Limitation of Liability, Indemnification, Severability, Waiver, Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions that by their nature should survive termination.
Section 15 - Disclaimer
The information provided on or through the Service is for general informational purposes only. We do not guarantee the accuracy, completeness, or usefulness of such information.
Any reliance you place on such information is solely at your own risk. We shall not be responsible for any liability arising from your reliance on such materials by you, other visitors of the Service, or any person who may become aware of such information.
Unless expressly stated by K·KOU Overseas Flagship Store, the Service and all products provided through the Service are provided on an “as is” and “as available” basis without any express or implied representations, warranties, or conditions, including implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
We do not warrant that your use of the Service will be uninterrupted, timely, secure, or error-free. Some jurisdictions do not allow limitations or exclusions of implied warranties, so these disclaimers may not apply to you.
Section 16 - Limitation of Liability
To the fullest extent permitted by law, in no event shall K·KOU Overseas Flagship Store, our partners, directors, officers, employees, affiliates, agents, contractors, service providers, licensors, or Shopify and its affiliates be liable for any injury, loss, claim, or any 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 similar damages.
Such liability limitation applies whether based on contract, tort (including negligence), strict liability, or otherwise, arising from your use of any Service or any products purchased through the Service, or any other claim related in any way to your use of the Service or products, including but not limited to errors or omissions in any content, or any loss or damage resulting from the use of the Service or any content (or products) posted, transmitted, or otherwise made available through the Service, even if advised of the possibility of such damages.
Section 17 - Indemnification
You agree to indemnify, defend, and hold harmless K·KOU Overseas Flagship Store, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from and against any losses, damages, liabilities, claims, or demands, including reasonable legal fees, arising from or related to: (1) your breach of these Terms of Service or any documents incorporated herein by reference; (2) your violation of any law or infringement of any third-party rights; or (3) your access to or use of the Service.
We will notify you of any indemnifiable claim. Failure to provide prompt notice will not relieve you of your indemnification obligations unless such failure materially prejudices you. We may assume control of the defence and settlement of any such claim at your expense, including the selection of legal counsel. However, we will not settle any claim that imposes non-monetary obligations on you without your consent (which shall not be unreasonably withheld).
You agree to cooperate with the defence of any indemnified claim, including providing relevant documents and information.
Section 18 - Severability
If any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, such provision shall remain enforceable to the fullest extent permitted by applicable law. The unenforceable portion shall be deemed severed from these Terms of Service, and such determination shall not affect the validity and enforceability of any remaining provisions.
Section 19 - Waiver; 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, together with any policies or operating rules posted by us on this website or relating to the Service, constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, including any previous versions of these Terms of Service.
Any ambiguity in the interpretation of these Terms of Service shall not be construed against the drafting party.
Section 20 - Assignment
You may not assign, transfer, or delegate this agreement or any rights or obligations under these Terms without our prior written consent. Any attempted assignment, transfer, or delegation without such consent shall be considered invalid.
We may assign, transfer, or delegate these Terms and our rights and obligations without your consent and without prior notice.
Section 21 - Governing Law
These Terms of Service and any separate agreements through which we provide services to you shall be governed by and interpreted in accordance with the applicable federal, state, or regional laws of the jurisdiction where K·KOU Overseas Flagship Store is established.
You and K·KOU Overseas Flagship Store agree to submit to the exclusive jurisdiction and venue of such courts.
Section 22 - 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, change, or replace any part of these Terms of Service by posting updates and changes on our website.
It is your responsibility to check our website periodically for changes. We will notify you of any material changes to these Terms as required by applicable law, and such changes will become effective on the date specified in the notice.
Your continued use of or access to the Service after any changes to these Terms of Service are posted constitutes acceptance of those changes.
Section 24 - Contact Information
Questions regarding these Terms of Service should be sent to us at service.my@ki-kou.com.