Terms of Service (TOS)

Welcome to Kawaii Noir! By accessing or using our website, purchasing our products, or engaging with our content, you agree to comply with and be bound by these Terms of Service. This document outlines the terms and conditions governing your use of Kawaii Noir’s website, services, and products. Please read these Terms of Service carefully, as they affect your legal rights and obligations.

1. General Information

  • Ownership: The Kawaii Noir website and all content, products, and services available through it are operated by Kawaii Noir (“we,” “us,” “our”). By visiting our site or making a purchase, you agree to abide by these Terms of Service.
  • Age Requirement: By using our website, you affirm that you are at least 18 years of age or have the consent of a parent or guardian to access and use the site.
  • Modifications to Terms: Kawaii Noir reserves the right to modify or update these Terms of Service at any time. Changes will be posted on this page, and your continued use of the website constitutes acceptance of the revised terms.

2. Use of Website

  • Permitted Use: You are granted a limited, non-exclusive, and revocable license to access and use our website for personal and non-commercial purposes. You agree not to misuse the website, interfere with its operation, or use it for illegal purposes.
  • Prohibited Actions: You may not use automated means (such as bots or scrapers) to access our website, attempt to breach its security, or disrupt its functionality. Unauthorized use of the website for any commercial purpose is strictly prohibited.

3. Intellectual Property

  • All content, including but not limited to text, images, designs, logos, and products, is the intellectual property of Kawaii Noir and protected by copyright, trademark, and other intellectual property laws. You may not copy, distribute, modify, or create derivative works from our content without explicit permission.

4. Products and Availability

  • Product Descriptions: Kawaii Noir aims to provide accurate descriptions and images of our products. However, due to the handcrafted nature of our items, slight variations may occur. Colors may also appear differently based on your device's display.
  • Limited Availability: Many of our products are made in small batches and may be limited edition. We do not guarantee that items will be restocked once they sell out.
  • Price Changes: Kawaii Noir reserves the right to change product prices at any time. Prices are as displayed on our website at the time of purchase. Discounts, promotions, or price changes cannot be retroactively applied to previous purchases.

5. Orders and Payment

  • Order Acceptance: We reserve the right to refuse or cancel any order at our discretion. Possible reasons for order cancellation include suspected fraud, insufficient inventory, or errors in product information.
  • Payment: By placing an order, you agree to provide accurate payment information and authorize us to charge the total amount of your purchase, including applicable taxes and shipping fees.
  • Payment Methods: We accept major credit cards, PayPal, Apple Pay, and Google Pay. Your payment information is securely processed by our third-party payment providers.

6. Shipping and Delivery

  • Shipping Policy: Please refer to our Shipping Policy for detailed information on shipping options, delivery times, and associated costs.
  • International Orders: Customers placing international orders are responsible for customs duties, import taxes, and any additional fees that may apply. Kawaii Noir is not liable for delays or charges related to customs processing.
  • Delivery Times: Estimated delivery times are based on carrier guidelines. We do not guarantee specific delivery dates and are not responsible for delays caused by the carrier or external factors.

7. Returns, Exchanges, and Refunds

  • Return Policy: Please review our Return and Exchange Policy for information on how to initiate a return, conditions for eligibility, and timeframes. Kawaii Noir reserves the right to refuse returns that do not comply with our policy.
  • Refunds: Refunds are issued to the original payment method and may take 5-10 business days to process. Any delays in the refund process may depend on your bank or payment provider.
  • Final Sale Items: Limited edition, custom, or discounted items may be designated as final sale and are not eligible for returns or exchanges.

8. Limitation of Liability

  • Kawaii Noir makes every effort to provide high-quality products and services. However, we are not liable for any direct, indirect, incidental, or consequential damages resulting from your use of our website, products, or services.
  • This limitation of liability applies to any damages or losses resulting from errors, interruptions, or issues with the website, as well as unauthorized access to your personal information.
  • In jurisdictions where limitations of liability are not permitted, our liability will be limited to the fullest extent allowed by law.

9. Privacy Policy

  • By using our website and services, you consent to the collection and use of your personal information as outlined in our Privacy Policy. We are committed to protecting your privacy and ensuring that your data is handled securely.

10. User Accounts and Security

  • Account Responsibility: If you create an account with us, you are responsible for maintaining the confidentiality of your login credentials and for any activity that occurs under your account.
  • Account Termination: Kawaii Noir reserves the right to suspend or terminate accounts if we detect any unauthorized or harmful behavior, including but not limited to account misuse, fraud, or violation of these Terms of Service.

11. Third-Party Links

  • Our website may contain links to third-party sites or services that are not owned or controlled by Kawaii Noir. We are not responsible for the content, privacy policies, or practices of any third-party websites. Accessing these sites is at your own risk, and we recommend reviewing their respective terms and policies.

12. Indemnification

  • By using our website and services, you agree to indemnify, defend, and hold harmless Kawaii Noir and its affiliates, employees, and agents from any claims, liabilities, damages, losses, or expenses arising out of your use of the website, violation of these Terms of Service, or infringement of any intellectual property or other rights.

13. Governing Law and Dispute Resolution

  • Governing Law: These Terms of Service are governed by the laws of [Jurisdiction, e.g., the United States], without regard to its conflict of law provisions.
  • Dispute Resolution: Any disputes arising from or related to these Terms of Service or your use of our website shall be resolved through binding arbitration in accordance with the rules of [Arbitration Organization, e.g., the American Arbitration Association]. The location and language of arbitration will be specified as per applicable jurisdictional requirements.

14. Severability

  • If any provision of these Terms of Service is found to be invalid, illegal, or unenforceable, the remaining provisions will continue in full force and effect. The invalid or unenforceable provision shall be replaced by a valid and enforceable provision that reflects the original intent as closely as possible.

15. Entire Agreement

  • These Terms of Service, along with our Privacy Policy, Intellectual Property Policy, and other policies referenced herein, constitute the entire agreement between you and Kawaii Noir regarding the use of our website, products, and services. This agreement supersedes any prior or contemporaneous agreements, representations, or understandings, whether written or oral.

16. Contact Information

If you have any questions or concerns regarding these Terms of Service, or need further assistance, please contact us at:

Email: kawaiinoirbrand@gmail.com

Thank you for supporting Kawaii Noir. We value your trust in our brand and are committed to providing you with a positive, transparent shopping experience.