Terms of service
This website is operated by Late Night Vision LLC, Wyoming, United States.
OVERVIEW
Welcome to Kimonorie! The terms “we”, “our” and “us” refer to Kimonorie. We operate this store and website, including all information, content, features, tools, products and related services, to provide you, as our customer, with a personalised shopping experience (the “Services”). Kimonorie is powered by Shopify, which enables us to provide these Services.
The Terms of Service below, along with any related policies (together referred to as the “Terms”), explain your rights and responsibilities when you use our Services.
Please read these Terms carefully, as they include important information about your legal rights, including disclaimers and limits on liability.
By visiting, interacting with, or using our Services, you agree to be bound by these Terms and by our Privacy Policy [LINK]. If you do not agree to these Terms or the Privacy Policy, you should not use or access our Services.
SECTION 1 – ACCESS AND ACCOUNT
By agreeing to these Terms, you confirm that you are at least the age of majority in your state or province of residence, and you give us permission to allow any minors in your care to use the Services on devices you own, purchase or manage.
To use the Services, including browsing or purchasing from our online store, you may be asked to provide certain information such as your email address, billing, payment and shipping details. You confirm that all information you provide is accurate, current and complete, and that you have the right to provide it.
You are solely responsible for keeping your account login details secure and for all activity under your account. You may not transfer, sell, assign or licence your account to anyone else.
SECTION 2 – OUR PRODUCTS
We aim to present our products and services as accurately as possible in our online store. However, colours and appearances may vary depending on your device type, settings and display.
We do not guarantee that the appearance or quality of any product or service you purchase will match your expectations or exactly match the description or images shown online.
We may update product descriptions at any time without notice, remove any product, or limit quantities sold to any person, region or jurisdiction, at our sole discretion.
SECTION 3 – ORDERS
When you place an order, you are making an offer to buy. We may accept or reject your order for any reason at our discretion. Your order is only accepted once we confirm acceptance and have received and processed your payment.
Please review your order carefully before submitting it, as cancellations may not be possible once an order is accepted. If we reject, modify or cancel an order, we will try to contact you using the email, billing address and/or phone number provided.
Purchases can only be returned or exchanged in line with our Refund Policy [LINK]. You confirm that your purchases are for personal or household use and not for resale or export.
SECTION 4 – PRICES AND BILLING
Prices, discounts and promotions may change without notice. The price charged will be the one in effect at the time you place your order, shown in your order confirmation email. Unless stated otherwise, prices exclude taxes, shipping, handling, customs duties and import fees.
Prices in our online store may differ from those in physical stores or third-party sites. From time to time we may run promotions with separate terms; if these conflict with these Terms, the promotion terms will apply.
You agree to provide current, complete and accurate purchase, payment and account details for all orders, and to promptly update them so we can process your transactions and contact you if needed.
You confirm that: (i) payment details you provide are true, correct and complete; (ii) you are authorised to use the payment method; (iii) charges will be honoured by your payment provider; and (iv) you will pay all charges including applicable taxes and shipping fees.
SECTION 5 – SHIPPING AND DELIVERY
We are not responsible for shipping or delivery delays. All timeframes are estimates only. We are not responsible for delays caused by carriers, customs clearance or events beyond our control. Once we hand products over to the carrier, ownership and risk pass to you.
SECTION 6 – INTELLECTUAL PROPERTY
All content within the Services – including trademarks, text, images, graphics, product reviews, videos, audio, design, selection and arrangement – is owned by Kimonorie, our affiliates or licensors, and is protected by applicable intellectual property laws.
You may only use the Services for personal, non-commercial purposes. You may not copy, reproduce, distribute, modify, create derivative works, publicly display, perform, republish, download, store or transmit any material without our prior written consent.
Nothing in these Terms grants you a licence to use any patents, trademarks, copyrights or other intellectual property of Kimonorie, Shopify or any third party, unless expressly stated. Unauthorised use may violate intellectual property laws.
Kimonorie names, logos, product names, designs and slogans are our trademarks. Shopify’s names, logos, products and designs are trademarks of Shopify. Other names and logos are trademarks of their owners.
SECTION 7 – OPTIONAL TOOLS
You may have access to third-party tools we do not monitor or control. These are provided “as is” without warranties or endorsement. Your use of any such tools is entirely at your own risk, and you should review the terms provided by the relevant third-party provider.
We may also introduce new features or tools in the future, which will also be subject to these Terms.
SECTION 8 – THIRD-PARTY LINKS
The Services may include content or links to third-party websites. We are not responsible for examining or evaluating such content, and we accept no responsibility for it.
If you choose to access third-party websites, you do so at your own risk. We are not liable for any harm or damages related to your use of third-party sites, products or services. Please review their policies before engaging in any transaction.
SECTION 9 – RELATIONSHIP WITH SHOPIFY
Kimonorie is powered by Shopify, enabling us to provide the Services. However, sales you make in our store are directly with Kimonorie. Shopify is not responsible for any aspect of these sales. You release Shopify and its affiliates from any claims or liabilities arising from your purchases or transactions with Kimonorie.
SECTION 10 – PRIVACY POLICY
All personal information we collect through the Services is subject to our Privacy Policy [LINK], and some personal data may be subject to Shopify’s Privacy Policy here. By using the Services, you acknowledge you have read these policies.
Because Shopify hosts our Services, it may collect and process your personal information to provide and improve the Services. This may involve transfers to other countries. Please see our Privacy Policy [LINK] for more details.
SECTION 11 – FEEDBACK
If you submit feedback, suggestions, reviews, proposals or other content (“Feedback”), you grant us a worldwide, perpetual, sublicensable, royalty-free licence to use, reproduce, modify, publish, distribute and display such Feedback for any purpose, including commercial purposes.
You confirm that you own or have rights to the Feedback, have disclosed any incentives, and that it complies with these Terms. We are not obliged to keep Feedback confidential or respond to it, and we may remove Feedback at our discretion.
You must not post Feedback that violates the rights of others, contains unlawful or obscene content, or includes malware. You are solely responsible for the accuracy and legality of your Feedback.
SECTION 12 – ERRORS, INACCURACIES AND OMISSIONS
Occasionally, information in the Services may contain errors or omissions, including product descriptions, prices, promotions, shipping charges, delivery times and availability. We reserve the right to correct, update or cancel orders if any information is inaccurate, without notice.
SECTION 13 – PROHIBITED USES
You may only use the Services for lawful purposes. You must not use the Services to: engage in illegal activities; violate any laws; infringe our or others’ intellectual property rights; harass or harm others; submit false information; send spam; impersonate others; upload harmful code; collect personal information without consent; or interfere with security features.
We may suspend or terminate your account if you breach these Terms.
SECTION 14 – TERMINATION
We may terminate these Terms or your access to the Services at any time, without notice. You remain liable for all amounts due up to termination. Certain sections of these Terms will continue to apply after termination.
SECTION 15 – DISCLAIMER OF WARRANTIES
The Services and all products are provided “as is” and “as available” without any warranties, express or implied, including implied warranties of merchantability, fitness for purpose, durability, title and non-infringement. We do not guarantee uninterrupted, timely, secure or error-free use.
SECTION 16 – LIMITATION OF LIABILITY
To the fullest extent permitted by law, Kimonorie, Shopify, and their affiliates, officers, employees and agents shall not be liable for any indirect, incidental, punitive, special or consequential damages, including lost profits, data or savings, arising from your use of the Services or products, even if advised of the possibility.
SECTION 17 – INDEMNIFICATION
You agree to indemnify and hold harmless Kimonorie, Shopify, and their affiliates, officers, employees and agents from any claims or demands arising from your breach of these Terms or your violation of law or third-party rights.
SECTION 18 – SEVERABILITY
If any provision of these Terms is found to be unlawful or unenforceable, the remaining provisions will remain in full force.
SECTION 19 – WAIVER; ENTIRE AGREEMENT
Our failure to enforce any part of these Terms does not waive our rights. These Terms and any related policies are the entire agreement between you and us, replacing any prior agreements.
SECTION 20 – ASSIGNMENT
You may not assign your rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations without notice.
SECTION 21 – GOVERNING LAW
These Terms are governed by the laws and courts of the jurisdiction where Kimonorie is based. You agree to submit to their exclusive jurisdiction.
SECTION 22 – HEADINGS
Headings are for convenience only and do not affect interpretation.
SECTION 23 – CHANGES TO TERMS
You can review the latest version of the Terms at any time on this page. We may update them by posting changes here. Significant changes will be notified in accordance with applicable law. Continued use of the Services after changes means you accept the new Terms.
SECTION 24 – CONTACT DETAILS
Questions about these Terms should be sent to contact@kimonorie.com.
Kimonorie
contact@kimonorie.com