THESE TERMS CREATE A BINDING LEGAL CONTRACT BETWEEN YOU AND LILYCOM LLC (dba ooKawaii) (THE “AGREEMENT“). BY USING THE SERVICES, YOU REPRESENT AND WARRANT THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS, YOU MUST NOT USE – AND ARE NOT AUTHORIZED TO USE – ALL OR ANY PORTION OF THE SERVICES.
SECTION 1 – ONLINE STORE TERMS
1-1 Application. By visiting our site and/ or purchasing something from us, you engage in our Services and agree to be bound by the Terms, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. This includes our Refund Policy and Shipping Policy which are incorporated herein by reference. These Terms apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content. Our Refund Policy and Shipping Policy is available here:
Refund Policy: https://ookawaii.com/refund-policy
Shipping Policy: https://ookawaii.com/shipping-policy
1-2 Children. The Service is not intended for children under the age of 13. IF YOU ARE UNDER 13 YEARS OF AGE, YOU MUST NOT USE OR ACCESS THE SERVICES AT ANY TIME OR IN ANY MANNER. By using the Services, you affirm that you are at least 18 years of age. If you are 13 to 17 years of age, then you must obtain your parent or guardian’s consent to use the Services and by using the Services you hereby represent that you have obtained such consent. ooKawaii does not seek to gather personal information from or about children under the age of 13 through the Services.
1-3 Unauthorized Use. You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature.
SECTION 2 – GENERAL CONDITIONS
2-1 General. We reserve the right to refuse service to anyone for any reason at any time. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to the technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
3-1 We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
3-2 This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES
4-1 Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third party for any modification, price change, suspension, or discontinuance of the Service.
SECTION 5 – JURISDICTIONAL ISSUES
5-1 Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy. We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate.
5-2 We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
5-3 We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION
6-1 We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.
6-2 You agree to provide current, complete, and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address so that we can complete your transactions and contact you as needed.
SECTION 7 – OPTIONAL TOOLS
7-1 We may provide you with access to third-party tools over which we neither monitor nor have any control nor 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 by you of optional tools offered through the site is entirely at your own risk and discretion and 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 services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms.
SECTION 8 – THIRD-PARTY LINKS
8-1 Third-party links. Certain content, products, and services available via our Service may include materials from third parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties.
8.2 Disclaimers. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.
SECTION 9 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
9-1 If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments. We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or violates any party’s intellectual property or these Terms.
9-2 You agree that your comments will not violate any right of any third party, including copyright, trademark, privacy, personality, or other personal or proprietary rights. You further agree that your comments will not contain libelous or otherwise unlawful, abusive, or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third party.
10-1 Personal information you provide to us
Personal information you may provide to us through the Services or otherwise includes:
- Contact data, personal or business contact information such as your first and last name, email and mailing addresses, phone number, professional title and company name.
- Registration data, such as information that you provide to register for an account or sign up for an event, including the day and month of your birth and the event you registered for.
- Profile data, such as your username and password that you may set to establish an online account with us and your interests and preferences.
- Communications, such as information you provide when you contact us with questions, feedback, survey responses, or otherwise correspond with us,
- Marketing data, such as the email address or contact details that we use to send marketing communications and your preferences for receiving communications about our activities, events, sweepstakes and contests.
- Purchase data, including your order history and information needed to process and fulfill your order, including order details, billing address, and delivery address.
- Other information that we may collect which is not specifically listed here, but which we will use in accordance with this Section 10 or as otherwise disclosed at the time of collection.
10-2 How we use your personal information
Service delivery. We may use your personal information to:
- provide, operate and improve the Service, such as to enable you to make purchases of clothing and accessories that we have listed on the Sites;
- establish and maintain your account on the Service;
- communicate with you about the Service, including by sending you announcements, updates, security alerts, and support and administrative messages;
- provide customer support and maintenance for the Service;
- facilitate your login to the Sites via third party platforms, such as Google and Facebook; and
- enable security features of the Sites, such as by sending you security codes via email or SMS, and remembering devices from which you have previously logged in.
Direct Marketing. We may use your personal information to send you ooKawaii marketing communications as permitted by law. You will have the ability to opt out of our marketing and promotional communications.
Service providers. We may share your personal information with companies and individuals that provide services on our behalf or help us operate the Service or our business (such as order fulfillment, shipping, payment processing, customer support, hosting, analytics, email delivery, marketing, database management services, returns processing and risk and fraud mitigation). We don’t collect or store credit card information in our system as these are encrypted and passed to our payment processors directly for payment processing. You may be required to perform an authentication with your bank before your payment is processed.
To comply with laws and regulations. We use your personal information as we believe necessary or appropriate to comply with applicable laws, lawful requests, and legal processes, such as to respond to subpoenas or requests from government authorities.
Business transferees. We may transfer or share some or all of your personal information in connection with or during negotiation of any merger, financing, acquisition or dissolution, transaction or proceeding involving sale, transfer, divestiture, or disclosure of all or a portion of our business or assets, or in the event of an insolvency, bankruptcy, or receivership.
SECTION 11 – ERRORS, INACCURACIES AND OMISSIONS
11-1 Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product 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 any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
11-2 We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 12 – PROHIBITED USES
12-1 In addition to other prohibitions as set forth in the Terms, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 13 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
THE FOLLOWING TERMS IN THIS SECTION 13 APPLY TO THE FULLEST EXTENT PERMITTED BY LAW:
13-1 THE SERVICES AND ANY CONTENT AND PRODUCTS ACCESSIBLE ON AND THROUGH THE SERVICES (INCLUDING USER CONTENT) ARE PROVIDED BY OOKAWAII ON AN “AS IS,” “AS AVAILABLE,” “WITH ALL FAULTS” BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE.
13-2 OOKAWAII AND ITS AFFILIATES, PARTNERS, LICENSORS, AND SUPPLIERS HEREBY DISCLAIM ALL EXPRESS, IMPLIED AND STATUTORY WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM OOKAWAII, AN EMPLOYEE OR REPRESENTATIVE OF OOKAWAII OR THROUGH THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS. OOKAWAII AND ITS AFFILIATES, PARTNERS, LICENSORS, AND SUPPLIERS DO NOT WARRANT THAT THE SERVICES OR ANY PART THEREOF, OR ANY PRODUCTS OR CONTENT OFFERED THROUGH THE SERVICES, WILL BE UNINTERRUPTED, OR FREE OF ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS, AND DO NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED. YOU UNDERSTAND AND AGREE THAT YOU USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN CONTENT AND PRODUCTS THROUGH THE SERVICES OR ANY THIRD PARTY SITES AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM USED IN CONNECTION WITH THE SERVICES) OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF SUCH CONTENT OR PRODUCTS. ALL PRODUCTS PURCHASED ON OR THROUGH THE SERVICES, WHETHER PURCHASED FROM OOKAWAII OR A THIRD PARTY, ARE SUBJECT ONLY TO ANY APPLICABLE WARRANTIES OF THEIR RESPECTIVE MANUFACTURERS, DISTRIBUTORS AND SUPPLIERS, IF ANY. OOKAWAII HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, ANY IMPLIED WARRANTIES WITH RESPECT TO THE PRODUCTS LISTED OR PURCHASED ON OR THROUGH THE SERVICES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, OOKAWAII HEREBY EXPRESSLY DISCLAIMS ALL LIABILITY FOR PRODUCT DEFECT OR FAILURE, CLAIMS THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION, NON-COMPLIANCE WITH ANY CODES, OR MISAPPROPRIATION.
SECTION 14 – LIMITATIONS
14-1 IN NO EVENT WILL OOKAWAII OR ITS OFFICERS, DIRECTORS, LICENSORS OR SUPPLIERS BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OR ACCESS OF OR INABILITY TO USE OR ACCESS THE SERVICES OR ANY CONTENT MADE AVAILABLE OR PRODUCTS PURCHASED THROUGH THE SERVICES, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, OR OTHERWISE, WHETHER BASED IN TORT, CONTRACT OR OTHER LEGAL THEORY, EVEN IF OOKAWAII OR ITS LICENSORS OR SUPPLIERS ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OOKAWAII OR ITS LICENSORS OR SUPPLIERS BE LIABLE IN THE AGGREGATE FOR ANY DAMAGES INCURRED BY YOU THAT EXCEED THE GREATER OF (1) ONE HUNDRED DOLLARS ($100.00) OR (2) THE AMOUNT OF FEES YOU HAVE PAID OOKAWAII (IF ANY) IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO THE LIABILITY.
SECTION 15 – PRODUCT LIABILITY
15-1 Disclaimer of Liability. ooKawaii is an online retailer and we do not manufacture or produce the products sold through our store. We source our products through various suppliers in China, Japan and South Korea. Products sold by us may be shipped directly to you by our overseas logistics partners. PRODUCTS SOLD THROUGH OOKAWAII ARE ON AN “AS IS,” “AS AVAILABLE,” “WITH ALL FAULTS” BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE. IN NO EVENT SHALL OOKAWAII BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL CONSEQUENTIAL DAMAGES, TO PROPERTY OR LIFE, WHATSOEVER ARISING OUT OF OR CONNECTED WITH THE USE OR MISUSE OF OUR PRODUCTS AND/OR SERVICES. IN ANY EVENT, YOU EXPRESSLY AGREE THAT OUR TOTAL LIABILITY TO YOU SHALL NOT EXCEED THE AMOUNT PAID FOR THE PRODUCT (INCLUSIVE OF SHIPPING).
15-2 Product Defects. You acknowledge that products shipped to you from overseas may be damaged in the course of overseas shipping and logistics transit, or due to factors beyond our control. It is therefore your sole responsibility to check for product defects upon receipt of your item, and to inform ooKawaii of any such defects within 3 business days on receipt of your item. If you do not give notice to ooKawaii of any product defects within 3 business days, any such products that you purchase through us would be deemed to be without defects. Within (3) business days upon the receipt of notice of a product defect, ooKawaii may either (1) provide a replacement for the item you received or (2) provide a full or partial refund in accordance with our Refund Policy.
15-3 Parental Supervision. You must exercise adequate supervision if you intend to purchase our products for children below the age of 12 years. ooKawaii does not assume any liability for any loss, damage or injury arising from the use or misuse of our products by children.
SECTION 16 – COVID-19, HYGIENE & SANITATION
16-1 Covid-19. Due to the nature of the Covid-19 pandemic, ooKawaii cannot guarantee the hygiene and cleanliness of your item. Because of the nature of international shipments, logistics handling and transportation, your item may pass through multiple delivery carriers and storage facilities across different countries. You acknowledge that such delivery conditions are beyond our control and we are not in a position to guarantee the hygiene and cleanliness of the products you receive. As such, you are solely responsible for the hygiene and sanitation of your items upon receipt. We strongly encourage you to practice good hygiene by sanitizing your item upon receipt and before use, including adopting the following practices:
Clothing items – wash your item thoroughly with detergent and dry before wearing
Water bottles & mugs – wash your item thoroughly with dish-washing liquid before use
Accessories & all other items – sanitize your item with alcohol pads or anti-bacterial wipes before use
ooKawaii shall not be responsible for any damage, losses, costs or expenses (whether direct, indirect or consequential loss) suffered by you arising out of, or in connection with, the hygiene and sanitation of your item.
SECTION 17 – FORCE MAJEURE
17-1 In no event shall ooKawaii be responsible or liable for any failure or delay in the performance of its obligations hereunder arising out of or caused by, directly or indirectly, reasons beyond its control, including and without limitation, strike, work stoppage, accidents, acts of God, interruptions, loss or malfunctions of utilities, communications or computer (software and hardware) services, outbreaks of plague or diseases, act or omissions or any delays in acting by governmental authority.
SECTION 18 – CUSTOMS DUTIES & VAT
18-1 Customs duties & VAT to be borne by you. You are solely responsible for the payment of any customs duties and/or VAT charges for your item(s) to clear customs and enter your country for delivery. It is not possible for ooKawaii to make payment for such custom duties and/or VAT charges beforehand, as these payments must be made by the importer (i.e., you) to the relevant customs authorities if requested. The shipping costs do not include any customs duties and/or VAT that may be incurred by you.
SECTION 19 – DISPUTE RESOLUTION
19-1 Exclusive Jurisdiction. The courts of the United States of America have exclusive jurisdiction to settle any dispute arising out of or in connection with the Terms and/or this Agreement (including a dispute regarding the existence, validity or termination of this Agreement (a “Dispute”).
19-2 Forum. You agree that the courts of Singapore are the most appropriate and convenient courts to settle Disputes and accordingly no party will argue to the contrary.
SECTION 20 – INDEMNIFICATION
20-1 You agree to indemnify, defend and hold harmless ooKawaii and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 21 – SEVERABILITY
21-1 In the event that any provision of these Terms 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, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 22 – TERMINATION
22-1 The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms are effective unless and until terminated by either you or us. You may terminate these Terms at any time by notifying us that you no longer wish to use our Services, or when you cease using our site. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 23 – ENTIRE AGREEMENT
23-1 The failure of us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. These Terms and any policies or operating rules posted by us on this site or in respect to The Service constitutes 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, between you and us (including, but not limited to, any prior versions of the Terms). Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.
SECTION 24 – GOVERNING LAW
24-1 These Terms and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the United States of America.
SECTION 25 – CHANGES TO TERMS & CONDITIONS
25-1 You can review the most current version of the Terms at any time at this page. We reserve the right, at our sole discretion, to update, change 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. Your continued use of or access to our website or the Service following the posting of any changes to these Terms constitutes acceptance of those changes.
SECTION 26 – CONTACT INFORMATION
26-1 Questions about the Terms should be sent to us at firstname.lastname@example.org