Term and Conditions
Use of the website operated by KINDAGARDEN, and their affiliates (collectively, “KINDAGARDEN,” “we,” “us,” “our”) with home pages located at https://kinda-garden.com any related apps that KINDAGARDEN may provide, together with all products and services KINDAGARDEN may offer from time to time via KINDAGARDEN website and/or related apps, KINDAGARDEN related social media sites and pages (for example, on Instagram, Twitter, and Facebook), or otherwise through your interactions with KINDAGARDEN (the website, apps, products, services, and social media pages, collectively, the “Services”) are subject to the terms and conditions stated herein (“Terms and Conditions”).
By your use of the Services you agree to these Terms and Conditions, and you certify that you are 18 years old or older and are able and competent to give KINDAGARDEN rights as detailed in these Terms and Conditions and to comply with these Terms and Conditions. The Services are not intended for individuals under the age of 18.
KINDAGARDEN reserves the right to refuse service and/or prohibit or terminate access to the Services, in whole or in part, for any or no reason, at any time in its sole discretion, with or without notice to you. Further, your breach of these Terms and Conditions may jeopardize your continued use of the Services and may result in the cancellation of your orders, among other consequences.
THE USE OF ANY ROBOT, SPIDER, OR OTHER AUTOMATIC DEVICE OR SOFTWARE IN CONNECTION WITH THE SERVICES IS STRICTLY PROHIBITED. IN THE EVENT WE REASONABLY DETERMINE THAT ANY ORDER OR ATTEMPTED ORDER WAS MADE BY OR THROUGH USE OF ANY ROBOT OR OTHER AUTOMATIC DEVICE OR SOFTWARE, WE HAVE THE RIGHT, IN OUR SOLE AND ABSOLUTE DISCRETION, TO DENY OR CANCEL ANY SUCH ORDER, TO REFUSE TO ACCEPT ANY RETURNS OR OFFER REFUNDS, AND/OR TO CHARGE RESTOCKING FEES.
BY USING THE SERVICES, YOU AGREE TO ARBITRATE DISPUTES AGAINST KITH IN YOUR INDIVIDUAL CAPACITY IN ACCORDANCE WITH THE “Arbitration; Class Action Waiver; Jury Trial Waiver; Enforcement of Terms and Conditions; Governing Law” SECTION BELOW AND YOU ARE WAIVING YOUR RIGHT TO ACT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
Modifications to These Terms and Conditions
KINDAGARDEN reserves the right, at any time and without notice, to add to, change, update, or modify these Terms and Conditions simply by posting such addition, change, update, or modification on the Services. Any such change, update, or modification will be effective immediately upon posting on the Services. We suggest that you check these Terms and Conditions periodically for changes.
To understand how we collect, use and safeguard the information you may provide to us via the Services, including personal information, please review KINDAGARDEN’s Privacy Statement.
If you create an account on the Services, you are responsible for maintaining the confidentiality of your account information and password, and for protecting and restricting access to such information. You understand and agree that you are responsible for all activities that occur using your account or password, whether or not you authorized such activity. KINDAGARDEN reserves the right, in its sole discretion and without notice to you, to terminate your account and/or to restrict access to all or part of the Services for any reason, including, without limitation, for extended periods of inactivity.
KINDAGARDEN endeavors to be accurate when describing and displaying products on the Services. However, items may occasionally be mispriced, described inaccurately, or unavailable (for example, due to delays with respect to updating the Services or our advertising on other websites). Certain weights, measures and similar descriptions are approximate and are provided for convenience purposes only, and fit and sizing may vary between brands, products, and even the same or similar products. The particular technical specifications and settings of your computer and its display could affect the accuracy of its display of the colors of products offered on the Services. As a result, and as set forth in the “Disclaimers” section below, KINDAGARDEN does not and cannot guarantee the accuracy, reliability, currency or completeness of the information on the Services, including prices, product images, descriptions, specifications, and indications of availability. KINDAGARDEN reserves the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
Pricing and Payment
The price for all goods will be as quoted on the Services. The prices displayed on the Services are quoted in JAPAN and KOREA. Prices and availability information are subject to change without notice. Prices do not include sales tax, where applicable, or delivery costs, both of which you agree to pay upon ordering.
All orders placed by you are subject to acceptance by KINDAGARDEN and all items are subject to availability.
Acknowledgement of your order means that KINDAGARDEN has received your order request; it does not mean that your order has been accepted or shipped, or that the price or availability of an item has been confirmed. KINDAGARDEN may in its discretion require additional verification or information before accepting any order.
KINDAGARDEN reserves the right, without prior notice and in its sole discretion, to refuse or cancel any order for any reason. Some situations that may result in your order being canceled include, but are not limited to: invalid, incomplete, improper, or missing payment or shipping information; limitations on quantities available for purchase; inaccuracies or errors in product or pricing information; use of any robot, spider or other automatic device, software, process or application to place, or take preparatory steps to place, one or more orders; violation of these Terms and Conditions; or actual or suspected fraud or abuse.
KINDAGARDEN will verify the availability and price of an item before it is shipped. If an item’s correct price is lower than the stated price, KINDAGARDEN will charge the lower amount and ship you the item. If an item’s correct price is higher than the stated price, if the item is no longer available, or if KINDAGARDEN determines that there were inaccuracies in the product information, KINDAGARDEN may cancel your order and notify you of such cancellation via email.
Risk of Loss
All purchases through the Services are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon KINDAGARDEN delivery of such items to the shipping carrier. Except as expressly set forth in these Terms and Conditions, you are responsible for filing any claims with the applicable carrier for damaged and/or lost shipments.
Shipping and Returns/Exchanges
Shipping. Once an order is placed it cannot be canceled. Once the order is received, you can send the item back by following the instructions here.
For domestic orders, please allow at least 3-5 business days for order processing and verification. For international orders, please allow at least 5-7 business days for order processing and verification.
To protect our customers, KINDAGARDEN is unable to change/intercept the shipping address of a package to alter its delivery, and KINDAGARDEN will only ship to the address provided at checkout, which must match the billing address.
Due to our Fraud Protection Policy, all online orders are required to have identical billing and shipping addresses. To minimize any fraudulent transactions, any orders with different shipping and billing addresses will not be processed.
We are unable to combine shipping on multiple orders.
For your convenience, KINDAGARDEN offers our customers the option to return certain products within 30 days of purchase.