Terms of service
OVERVIEW Welcome to Ku-u! The terms "we," "us," and "our" refer to Ku-u. Ku-u operates this shop and website, including all related information, content, features, tools, products, and services, to provide you, the customer, with a personalized shopping experience (the "Services"). Ku-u is built on Shopify, which enables us to provide the Services to you.
The terms and conditions set out below, together with the policies referenced herein (these "Terms and Conditions" or "Terms"), describe your rights and obligations when using the Services.
Please read these Terms and Conditions carefully, as they contain important information about your legal rights and address topics such as disclaimers of warranties and limitations of liability.
By visiting, interacting with, or using our Services, you agree to these Terms and Conditions and our Privacy Policy at https://i8imsg-tv.myshopify.com/policies/privacy-policy. If you do not agree to these Terms and Conditions or the Privacy Policy, you may not use or access our Services.
SECTION 1 – ACCESS AND ACCOUNT By agreeing to these Terms and Conditions, you represent that you are of legal age in the state or region where you reside and that you have given us your consent to allow any minor dependents to use the Services on devices that you own, have purchased, or manage.
To use the Services, including accessing or navigating our online shops or purchasing products or services we offer, you may be asked to provide certain information, such as your email address and billing, payment, and delivery details. You represent and warrant that all information you provide in our shops is accurate, current, and complete, and that you are fully authorized to submit such information.
You are solely responsible for maintaining the security of your account credentials and for all activity that occurs under your account. You may not transfer, sell, assign, or license your account to any other person.
SECTION 2 – OUR PRODUCTS We have made every effort to display our products and services in our online shops as accurately as possible. However, please note that colors or the appearance of products may differ from what is displayed on your screen, depending on the device you use to access the shop and its settings and configuration.
We do not guarantee that the appearance or quality of any products or services you purchase will meet your expectations or match the representations in our online shops.
All product descriptions may be modified at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time and to limit the quantities of products we offer to any individual, in any geographic region, or within any jurisdiction, on a case-by-case basis.
SECTION 3 – ORDERS By placing an order, you are making an offer to purchase. Ku-u reserves the right to accept or refuse your order at its sole discretion and for any reason. Your order is not considered accepted until confirmed by Ku-u. Acceptance of your order is contingent upon receipt and processing of your payment. Please review your order carefully before placing it, as Ku-u may not be able to accommodate cancellation requests once an order has been accepted. If we are unable to accept, modify, or need to cancel an order, we will endeavor to notify you using the email address, billing address, and/or phone number provided at the time of ordering.
Returns and exchanges of your purchases are governed exclusively by our Refund Policy at https://i8imsg-tv.myshopify.com/policies/refund.
You represent and warrant that your purchases are intended for your personal or household use and not for commercial resale or export.
SECTION 4 – PRICING AND BILLING Prices, discounts, and promotions are subject to change without notice. The price charged for a product or service is the price in effect at the time the order is placed and will be stated in the order confirmation email you receive. Unless expressly stated otherwise, listed prices do not include taxes, shipping, handling, customs, or import fees.
Prices in our online shops may differ from those in physical retail locations or in online shops or other stores operated by third parties. We may from time to time offer promotions through the Services that may affect pricing and that may be subject to terms and conditions different from these Terms. In the event of a conflict between the terms of a promotion and these Terms and Conditions, the promotional terms shall prevail.
You agree to provide current, complete, and accurate purchase, payment, and account information for all purchases made in our shops. You agree to promptly update your account and other information, including your email address, credit card numbers, and expiration dates, so that we can complete your transactions and contact you as needed.
You represent and warrant that (i) the credit card information you provide is truthful, accurate, and complete; (ii) you are authorized to use that credit card for the purchase; (iii) charges incurred by you will be honored by your credit card company; and (iv) you will pay all charges incurred by you at the prices in effect, including shipping and handling fees and any applicable taxes.
SECTION 5 – SHIPPING AND DELIVERY We are not liable for shipping and delivery delays. All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by shipping carriers, customs processing, or events beyond our control. Once we have handed the products over to the shipping carrier, title and risk of loss transfer to you.
SECTION 6 – INTELLECTUAL PROPERTY Our Services, including but not limited to all trademarks, trade dress, text, displays, images, graphics, product reviews, video and audio files, and their design, selection, and arrangement, are owned by Ku-u, its affiliates, or licensors and are protected by U.S. and foreign patent, copyright, and other intellectual property laws.
These Terms and Conditions permit you to use the Services solely for personal, non-commercial purposes. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any material from the Services without our prior written consent. Except as expressly provided herein, nothing in these Terms and Conditions grants or shall be construed to grant you any license or other rights in any patents, trademarks, copyrights, or other intellectual property of Ku-u, Shopify, or any third party. Unauthorized use of the Services may constitute a violation of federal and state intellectual property laws. All rights not expressly granted herein are reserved by Ku-u.
The names, logos, product and service names, designs, and slogans of Ku-u are trademarks of Ku-u or its affiliates or licensors. You may not use these marks without the prior written permission of Ku-u. The name, logo, product and service names, designs, and slogans of Shopify are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans appearing on the Services are the trademarks of their respective owners.
SECTION 7 – OPTIONAL TOOLS You may have access to third-party tools offered as part of the Services, which we do not monitor, control, or influence.
You acknowledge and agree that we provide access to such tools on an "as is" and "as available" basis, without any warranties, representations, or conditions of any kind and without any endorsement. We disclaim all liability arising from or related to your use of optional third-party tools.
Your use of optional tools made available through the website is entirely at your own risk and discretion. You are responsible for familiarizing yourself with and accepting the terms and conditions applicable to those tools as provided by the respective third-party providers.
We may also offer new features through the Services in the future (including the release of new tools and resources). Such new features shall also be considered part of the Services and subject to these Terms and Conditions.
SECTION 8 – THIRD-PARTY LINKS The Services 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 materials or third-party websites that you choose to access at your own discretion. If you choose to leave the Services to access such third-party materials or websites, you do so at your own risk.
We are not liable for any harm or damages arising from your access to third-party websites or from the purchase or use of products, services, resources, or content on third-party websites. You should carefully review the policies and procedures of any third party and make sure you understand them before engaging in any transaction. Complaints, claims, concerns, or questions regarding third-party products and services should be directed to the relevant third party.
SECTION 9 – RELATIONSHIP WITH SHOPIFY Ku-u is powered by Shopify, which enables us to provide the Services to you. However, all sales and purchases you make in our shop are conducted directly with Ku-u. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of the transactions between you and Ku-u, including any injuries, damages, or losses arising from purchased products and services. You hereby expressly release Shopify and its affiliates from all liability for any claims, damages, and liabilities arising from or related to your purchases and transactions with Ku-u.
SECTION 10 – PRIVACY POLICY All personal data we collect through the Services is subject to our Privacy Policy, which can be viewed at https://i8imsg-tv.myshopify.com/policies/privacy-policy. Certain personal data may also be subject to Shopify's Privacy Policy, which can be viewed separately. By using the Services, you confirm that you have read these privacy policies.
As the Services are hosted by Shopify, Shopify collects and processes personal data relating to your access to and use of the Services in order to provide and improve the Services for you. Data you submit to the Services is shared with Shopify and with third-party providers, who may be located in countries other than your country of residence, in order to provide the Services to you. Please refer to our Privacy Policy at https://i8imsg-tv.myshopify.com/policies/privacy-policy for more information on how we, Shopify, and our partners use your personal data.
SECTION 11 – FEEDBACK If you submit, upload, post, email, or otherwise transmit ideas, suggestions, feedback, reviews, proposals, plans, 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 in any medium for any purpose, including commercial use. We may, for example, exercise our rights under this license to operate, provide, evaluate, expand, improve, and promote the Services, and to fulfill our obligations and exercise our rights under the Terms and Conditions.
You further represent and warrant that: (i) you own or have all necessary rights to all Feedback content; (ii) you have disclosed any compensation or incentives received in connection with the submission of your Feedback; and (iii) your Feedback complies with these Terms and Conditions. We are not obligated to (1) maintain any Feedback in confidence, (2) pay any compensation for Feedback, or (3) respond to any Feedback.
We reserve the right, but are not obligated, to monitor, edit, or remove Feedback that we determine in our sole discretion to be unlawful, offensive, threatening, defamatory, pornographic, obscene, or otherwise objectionable, or that violates any party's intellectual property or these Terms and Conditions.
You represent that your Feedback does not infringe any third-party rights, including copyrights, trademarks, privacy rights, personality rights, or other personal or proprietary rights. You further represent that your Feedback does not contain defamatory or otherwise unlawful, abusive, or obscene material, and is free of viruses or other malware that could in any way affect the operation of the Services or any related website. You may not use a false email address, impersonate any person or entity, or otherwise mislead us or third parties as to the origin of any Feedback. You are solely responsible for your Feedback 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, information on or through the Services may contain typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, offers, shipping costs, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders where information is inaccurate, at any time and without prior notice (including after you have submitted your order).
SECTION 13 – PROHIBITED USES You may only access and use the Services for lawful purposes. You may not, directly or indirectly, access or use the Services: (a) for any unlawful or malicious purpose; (b) in violation of any international, federal, provincial, state, or local regulations, rules, laws, or ordinances; (c) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate against any of our employees or any other person; (e) to submit false or misleading information; (f) to send, knowingly receive, upload, download, use, or reuse material that does not comply with these Terms and Conditions; (g) to transmit or procure the transmission of any advertising or promotional material, including "junk mail," chain letters, "spam," or any other similar solicitation; (h) to impersonate or attempt to impersonate any person or entity; or (i) to engage in any conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which, as determined by us, may harm Ku-u, Shopify, or users of the Services or expose them to liability.
Additionally, you agree not to: (a) upload or transmit viruses or any other type of malicious code that may affect the functionality or operation of the Services in any way; (b) reproduce, duplicate, copy, sell, resell, or exploit any portion of the Services; (c) collect or track the personal data of others; (d) engage in spam, phishing, pharming, pretexting, spidering, crawling, or scraping; or (e) interfere with or circumvent the security features of the Services or any related website, other websites, or the internet. We reserve the right to suspend, disable, or terminate your account at any time and without notice if we determine that you have violated any part of these Terms.
SECTION 14 – TERMINATION We may terminate this agreement or your access to the Services (or any part thereof) at our sole discretion at any time without notice. You will remain liable for all amounts due up to and including the date of termination.
The following sections shall survive termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, 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 OF WARRANTIES The information presented on or through the Services is made available solely for general informational purposes. We make no warranty as to the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Services, or by anyone who may be informed of their contents.
EXCEPT AS EXPRESSLY STATED BY KU-U, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS FOR YOUR USE, WITHOUT ANY REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT OR GUARANTEE THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED OR OTHER WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
SECTION 16 – LIMITATION OF LIABILITY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, KU-U, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, OR LICENSORS, OR THOSE OF SHOPIFY AND ITS AFFILIATES, SHALL NOT BE LIABLE FOR ANY INJURIES, LOSSES, CLAIMS, 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, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, ARISING FROM YOUR USE OF THE SERVICES OR ANY PRODUCTS PROCURED THROUGH THE SERVICES, OR FOR ANY OTHER CLAIMS RELATED IN ANY WAY TO YOUR USE OF THE SERVICES OR ANY PRODUCT, INCLUDING BUT NOT LIMITED TO ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICES OR ANY CONTENT (OR PRODUCTS) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SECTION 17 – INDEMNIFICATION You agree to indemnify, defend, and hold harmless Ku-u, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from and against any losses, damages, liabilities, or claims, including reasonable attorneys' fees payable to third parties, arising out of or relating to (1) your breach of these Terms and Conditions or the documents they incorporate by reference, (2) your violation of any law or the rights of a third party, or (3) your access to and use of the Services.
We will notify you of any indemnifiable claim, provided that failure to provide prompt notice shall not relieve you of your obligations except to the extent you are materially prejudiced thereby. We may direct the defense and settlement of any such claim at your expense, including the selection of legal counsel, but will not settle any claim that imposes non-monetary obligations on you without your consent (not to be unreasonably withheld). You will cooperate in the defense of indemnifiable claims, including by providing relevant documents.
SECTION 18 – SEVERABILITY If any provision of these Terms and Conditions is found to be unlawful, void, or unenforceable, that provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms and Conditions. Such a determination shall not affect the validity and enforceability of the remaining provisions.
SECTION 19 – WAIVER; ENTIRE AGREEMENT Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision.
These Terms and Conditions, together with any policies or operating rules posted by us on this website or in respect of the Services, constitute the entire agreement and understanding between you and us and govern your use of the Services. They supersede all 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 and Conditions).
Any ambiguities in the interpretation of these Terms and Conditions shall not be construed against the drafting party.
SECTION 20 – ASSIGNMENT You may not transfer, assign, or delegate this agreement or any of your rights or obligations under these Terms and Conditions without our prior written consent, and any attempt to do so shall be null and void. We may transfer, assign, or delegate these Terms and our rights and obligations without your consent or notice.
SECTION 21 – GOVERNING LAW These Terms and Conditions and any separate agreements pursuant to which we provide you with Services shall be governed by and construed in accordance with the federal and state or territorial courts of the country in which Ku-u is headquartered. You and Ku-u consent to the jurisdiction and personal jurisdiction of such courts.
SECTION 22 – HEADINGS The headings used in this agreement are included for convenience only and shall not affect these Terms and Conditions.
SECTION 23 – CHANGES TO TERMS AND CONDITIONS You can review the most current version of the Terms and Conditions at any time on this page.
We reserve the right to update, change, or replace any part of these Terms and Conditions at our sole discretion 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 these Terms in accordance with applicable law. Such changes will take effect on the date specified in the notice. By continuing to use or access the Services after any changes to these Terms and Conditions are posted, you agree to be bound by the revised terms.
SECTION 24 – CONTACT INFORMATION If you have any questions about the Terms and Conditions, please contact us at info@ku-u.ch.
Our contact details are listed below:
Ku-u GmbH Limmatstrasse 118 8005 Zürich UID: CHE-337.983.931 info@ku-u.ch