Introduction
Welcome to Akemi + Kin® Dress, Clothing!
These Terms and Conditions (“Terms”) govern your access to and use of our website located at akemikin.shop (the “Site”) and our online store services (the “Services”), provided by Akemi + Kin® Dress, Clothing.
Please read these Terms carefully before using our Site or Services. By accessing the Site or using any Services, you agree to become bound by these Terms. If you do not agree to all the Terms, then you may not access the Site or use the Services. If these Terms are considered an offer, acceptance is expressly limited to these Terms.
We may amend these Terms at any time and will update these Terms on our Site accordingly. We reserve the right to modify, add or remove portions of these Terms at our discretion. Please check these Terms periodically for changes. Your continued use of our Site or Services following the posting of any amendments to these Terms will mean you accept those amendments.
Use of Site and Services
Akemi + Kin® Dress, Clothing provides an online platform that allows users to browse and purchase unique and high-quality women’s dresses and clothing.
You must be at least 18 years old or the legal age in your jurisdiction to open an account and use our Services. Use of our Site and Services is void where prohibited by law.
By using our Site and Services, you represent and warrant that:
- You can form a legally binding contract with Akemi + Kin® Dress, Clothing.
- You will only use our Site and Services to make legitimate purchases for yourself or for another person for whom you are legally authorized to act.
- All information you provide to us is truthful and accurate.
- You will not attempt to circumvent our security measures or attempt to access areas or features of our Site that you are not authorized to access.
When creating an account, you agree to provide only true, accurate, current and complete information. Registered users are responsible for keeping their account information up-to-date and must immediately notify us of any unauthorized use of their account.
We reserve the right to suspend or terminate your account if you provide any information that is inaccurate, incomplete, or out-of-date.
Product Information and Availability
We aim to be as accurate as possible with our product images and descriptions on the Site. However, we do not guarantee that the colors, sizes, fabric or other features of products on the Site will be exactly as displayed.
Product descriptions and other content on the Site are for reference purposes only and do not necessarily reflect the actual product features or accessories. We make reasonable efforts to ensure that items are described and depicted as accurately as possible. However, we do not make any warranties or guarantees with respect to any product descriptions, images, references or other content on the Site.
The availability of products on our Site may change without notice. We reserve the right to discontinue products or modify product details, prices, descriptions and references at any time without notice. We make reasonable efforts to keep the Site up-to-date in this regard. However, we do not guarantee availability of any products. If you order an item that is out of stock, we will notify you and refund your purchase price in full within a reasonable period of time.
Order Processing and Fulfillment
You agree that your order is an offer to buy and not a confirmation of actual purchase. All orders are subject to acceptance and availability. Once an order is confirmed and your method of payment is authorized, your purchase constitutes a contract between you and Akemi + Kin® Dress, Clothing.
We may require additional information before processing or shipping an order. If you do not provide the required information within a reasonable timeframe, we reserve the right to cancel your order.
We reserve the right to refuse or cancel any order prior to shipment. Some situations that may result in your order being canceled include system or typographical errors, inaccuracies in product descriptions or prices, inability to obtain credit authorization, product availability or issues identified by our credit and fraud avoidance department. We may also require additional verifications or information before processing any order. If your order is canceled after your credit card has been charged, the said amount will be reversed back to your credit card. Please allow 2-3 weeks for the reversal to reflect on your credit card statement.
Once an order is fulfilled, you will receive a shipment confirmation email with tracking number(s). Please allow up to 2 business days for order processing and up to 7 business days for shipping. Delivery dates provided are estimates only based on average shipping times. We are not liable for any delivery delays.
All risks of loss or damage to ordered items pass to you upon our delivery to the carrier. You are responsible for filing any claims for non-delivery or damage to your shipment.
Returns and Refunds
Most items can be returned within 30 days of receipt for a full refund if they are in original condition with tags still attached. Swimwear, undergarments and jewelry purchases are final sale. Discounted or promotional items are also final sale.
You are responsible for all return shipping costs unless the return is due to our error. Please use a trackable shipping method when returning items to ensure proper tracking and delivery confirmation. Your refund will be processed once we receive and inspect the returned item(s). Refunds may take 1-2 billing cycles to reflect on your account statement, depending on your bank’s policies.
We do not accept returns or provide refunds if an order has been used, washed, worn, altered or damaged. All included accessories, care cards, hang tags and original packaging must be returned with your items. Beauty products may only be returned if unused or defective.
Please contact us if you have any questions about our returns and refunds policy.
Payments and Pricing
All prices and payments on the Site are in U.S. dollars. We reserve the right to change prices at any time without notice. In case of a pricing error on the Site, we will have the right to cancel your order and notify you of the corrected pricing.
Your total order price includes listed product prices plus taxes and shipping charges. Applicable taxes will be displayed during checkout and are dependent on your shipping address and applicable state tax laws.
Promo codes must be entered at the time of checkout to receive any discounts. Only one promo code may be used per order and promo codes cannot be applied retroactively or in combination with other offers. We reserve the right to modify or cancel any promo code at any time.
You agree to pay all charges incurred for your purchases, including shipping fees and applicable taxes. You are responsible for ensuring the payment information you provide is current, accurate and your own.
We use third-party payment providers to safely and securely process payments. By placing an order, you authorize the collection of the order amount via the payment method provided.
If our payment processor declines your card or payment is not received in a timely manner, your order may be cancelled and out of stock items may be removed from your order.
User Accounts
You may need to create an account to use certain features or Services on our Site. You agree to provide true, accurate and complete registration information and keep your account information updated.
You are solely responsible for all activity on your account and for maintaining the confidentiality of your password. You must immediately notify us of any unauthorized account access or use. We will not be liable for any loss or damage arising from unauthorized account access or use due to no fault of our own.
We reserve the right to suspend, disable or delete your account if you breach these Terms or violate any applicable laws through your use of our Site or Services. You may delete your account at any time by contacting us.
Intellectual Property Rights
Akemi + Kin® Dress, Clothing retains ownership of all intellectual property rights to the Site, Services, brand names, logos, trademarks (registered and unregistered), designs, text, graphics, interfaces, icons and source code. You may not copy, modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit any content or materials on our Site.
Nothing you download or copy from the Site may be republished, retransmitted, reproduced, digitally altered, sold, rented, or redistributed without our explicit written permission. Requests for permission to reproduce content may be sent to [email protected].
User Content
If you submit, upload, post or transmit any text, images, videos, reviews or other content (“User Content”) to our Site, you grant us a non-exclusive, royalty-free, perpetual and irrevocable license to use, copy, display, reproduce, modify, publish, translate, distribute and incorporate such User Content into our Site or Services.
You represent and warrant that you own all intellectual property rights to any User Content you provide and that your User Content does not infringe the rights of any third party. You are solely liable for any User Content you submit and will indemnify Akemi + Kin® Dress, Clothing for all claims arising from your User Content.
We reserve the right to remove or delete any User Content from our Site at our discretion.
User Conduct
You agree not to use our Site or Services to:
- Violate any applicable laws, regulations or ethical codes of conduct.
- Infringe our or any third party’s intellectual property rights.
- Transmit unauthorized or unsolicited spam, advertisements, chain letters, or pyramid schemes.
- Distribute viruses, worms, trojan horses, corrupted files or any other items of a destructive nature.
- Collect, harvest or obtain unauthorized personal information from our Site or Services.
- Modify, reverse-engineer, decompile, disassemble, adapt, translate, frame or reformat our Site, Services or any of their parts.
- Pose as another person or entity, or falsely state your affiliation with another person or entity.
- Conduct fraudulent activities.
Any use of our Site or Services not in good faith is strictly prohibited.
Reviews and Testimonials
If you choose to submit reviews, comments or testimonials to be posted on our Site, you agree they will be non-confidential, truthful and free of false claims. We reserve the right to remove or modify any reviews that contain unlawful, offensive or inappropriate content.
Any opinions, advice or statements made by third parties are those of the respective author(s) and not Akemi + Kin® Dress, Clothing. We do not endorse any third party opinions, information, products or services contained in user generated content.
Disclaimer of Warranties
Your use of our site and services is entirely at your own risk. Our site and services, including all content, products and services available on or through the site, are provided “as is” without warranty of any kind.
We make no representations or warranties that the site, services, content, products or information provided will be:
- Free from errors, defects or inaccuracies.
- Available at all times.
- Secure, accurate, complete or current.
We expressly disclaim all warranties, express or implied, including warranties of non-infringement, merchantability and fitness for a particular purpose.
We make no warranties that the site or services will meet your requirements or that use will be uninterrupted or virus-free. You assume full responsibility for any costs associated with your use of our site or services.
Limitation of Liability
We will not be liable to you or any third party for:
- Any indirect, consequential, special, punitive or exemplary damages arising out of or in connection with your use of the site or any products and services available on the site.
- Any loss of business, data, profits, goodwill or reputation arising out of your use of the site or services, even if such damages are foreseeable and we have been advised of their possibility.
Our maximum aggregate liability arising out of or relating to these terms or the site will not exceed the amounts paid by you to us over the previous 12 months.
Nothing in these terms shall limit or exclude liability for fraud, intentional misconduct, gross negligence or violations of law. Some jurisdictions do not allow limitations of liability, so these limitations may not apply to you.
Indemnification
You agree to defend, indemnify and hold harmless Akemi + Kin® Dress, Clothing and our affiliates and subsidiaries, as well as our respective officers, directors, employees and agents, from any claims, damages, costs and expenses, including reasonable attorneys’ fees, arising from or related to your use of the Site or Services, violation of these Terms, violation of any applicable law or regulation, or violation of any third party rights.
Changes and Termination
We reserve the right to modify, add or remove any aspect, content or feature of the Site or discontinue the Site, Services or your account at any time. We may suspend or terminate your use of or access to the Site or Services at our sole discretion without notice, including by blocking IP addresses or account access.
You may terminate your account and stop using the Site or Services at any time. Upon any termination, discontinuation or cancellation of Services or your account, the following provisions will survive: Ownership, Disclaimer of Warranties, Indemnification, Limitation of Liability and all other terms that by their nature should survive.
Dispute Resolution
These Terms and any use of our Site or Services will be governed by and construed in accordance with the laws of the State of California, U.S.A, without resort to its conflict of law provisions.
Any dispute arising out of or relating to these Terms or our Site or Services must be commenced within one (1) year after the cause of action arises by filing an arbitration with the American Arbitration Association (AAA) under its Consumer Arbitration Rules. The arbitration shall take place in San Francisco, California.
Judgment on the award rendered may be entered in any court with jurisdiction. You and Akemi + Kin® Dress, Clothing agree to submit to the personal jurisdiction and venue of the federal and state courts located in San Francisco County, California for any actions not subject to arbitration.
If you attempt to bring an action against Akemi + Kin® Dress, Clothing and the applicable statute of limitations would normally bar the action, the time limit will be tolled from the date the dispute or controversy first arose until an arbitration award is rendered or the controversy is otherwise resolved.
Class action lawsuits, class-wide arbitrations, private attorney-general actions and consolidation with other arbitrations are not permitted without the consent of all parties.
Contact Us
If you have any questions about these Terms, please contact us.
Thank you for shopping with Akemi + Kin® Dress, Clothing!