Terms of service

OVERVIEW

Welcome to Kaia Kini.

These Terms of Service apply to this website and online store operated by Kaia Kini Limited, trading as Kaia Kini. Throughout the site, the terms “we”, “us” and “our” refer to Kaia Kini Limited, trading as Kaia Kini.

Kaia Kini operates this store and website, including all related information, content, features, tools, products and services, in order to provide you, the customer, with a curated online shopping experience.

These Terms of Service, together with any policies referenced in them, describe your rights and responsibilities when you visit, interact with, purchase from, or use our website and services.

Please read these Terms of Service carefully before using our website. By visiting, interacting with, or using our website, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms of Service or our Privacy Policy, you should not use or access our website or services.

Nothing in these Terms of Service affects your statutory rights as a consumer.

SECTION 1 — ACCESS AND ACCOUNT

By using our website, you confirm that you are legally able to enter into a contract in your country or region of residence.

To use certain features of our website, including placing an order, creating an account, or contacting us, you may be asked to provide certain information, including your name, email address, billing address, shipping address, and payment information.

You confirm that all information you provide to us is accurate, current, complete, and that you have the right to provide it.

You are responsible for maintaining the confidentiality of your account details and for all activity that takes place under your account. You must not transfer, sell, assign, or otherwise allow another person to use your account.

SECTION 2 — OUR PRODUCTS

We make every effort to display and describe our products as accurately as possible. However, product colours, textures, patterns, and appearance may vary slightly depending on your device, screen settings, photography, lighting, and production variations.

We do not guarantee that the appearance of products on your screen will exactly match the product you receive.

All product descriptions, prices, images, and availability are subject to change without notice. We reserve the right to discontinue any product at any time.

We may limit the quantities of any products that we offer, including on a per-person, per-household, per-order, geographic, or jurisdictional basis.

SECTION 3 — ORDERS

When you place an order through our website, you are making an offer to purchase the products in your basket.

Your order is not accepted until we confirm acceptance of your order. We must receive and process your payment before your order is accepted.

After placing an order, you should receive an order confirmation email. Please check your order details carefully and contact us as soon as possible if anything is incorrect.

We reserve the right to accept, refuse, cancel, or limit any order for any reason, including suspected fraud, incorrect pricing, stock issues, payment issues, delivery restrictions, or errors in product information.

If we cancel or do not accept an order after payment has been taken, we will refund the amount paid for the cancelled order or cancelled item.

Once an order has been processed, packed, or dispatched, we may not be able to cancel or amend it.

Your purchases are subject to our Refund Policy and Returns & Exchanges policy.

SECTION 4 — PRICES, PAYMENT AND BILLING

Prices, discounts, promotions, and product availability are subject to change without notice.

The price charged for a product will be the price shown at the time your order is placed, unless there has been an obvious error.

Unless otherwise stated, prices do not include delivery charges. Delivery charges will be shown at checkout before you place your order.

Discount codes, promotions, and offers may be subject to additional terms and conditions. Unless stated otherwise, discount codes cannot be exchanged for cash, may not be used with other offers, may exclude sale items, gift cards, or selected products, and may be withdrawn or changed at any time.

For international orders, duties, taxes, customs charges, and import costs may be calculated and collected at checkout where available. Where this is shown at checkout, we aim to provide a delivered-duty-paid service for eligible destinations. If duties and taxes are not collected at checkout, you may be responsible for any applicable customs charges, duties, taxes, or import fees required by your local authorities.

You agree to provide current, complete, and accurate billing, payment, and contact information for all purchases made through our website.

You confirm that you are authorised to use the payment method provided and that the payment information you provide is true, accurate, and complete.

SECTION 5 — SHIPPING AND DELIVERY

We offer UK and international shipping where available.

Delivery options, estimated delivery times, and delivery costs will be shown at checkout.

Delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by postal services, couriers, customs processing, incorrect delivery details, weather, events outside our control, or other circumstances beyond our reasonable control.

Please ensure that your delivery address is accurate and complete before placing your order. We are not responsible for delays or failed deliveries caused by incorrect or incomplete delivery information provided by you.

Risk in the products passes to you once the products have been delivered to the delivery address provided at checkout.

If your order appears to be delayed, lost, or damaged in transit, please contact us as soon as possible at hello@kaiakini.com.

SECTION 6 — RETURNS, REFUNDS, STORE CREDIT AND EXCHANGES

Your rights to return products are set out in our Refund Policy and Returns & Exchanges policy.

For eligible returns requested within 14 days, refunds will be made to the original payment method after the returned item has been received and inspected.

Because our products include swimwear, returned items must be unworn, unwashed, unused, and returned with all original tags and hygiene liners attached.

For hygiene reasons, we may refuse a return, refund, store credit, or exchange if the item has been worn, washed, used, damaged, altered, returned without original tags, or returned without the hygiene liner attached.

Items marked as final sale, sample sale, or non-returnable may not be eligible for return, refund, store credit, or exchange except where required by law.

If you believe an item is faulty, damaged, or not as described, please contact us as soon as possible with your order number and clear photos of the issue.

Nothing in this section affects your statutory rights, including your rights in relation to faulty, misdescribed, or non-conforming goods.

SECTION 7 — INTELLECTUAL PROPERTY

Our website and services, including but not limited to our brand name, logos, product names, images, graphics, designs, text, photography, videos, audio, page layouts, and other content, are owned by or licensed to Kaia Kini Limited and are protected by applicable intellectual property laws.

These Terms allow you to use our website for your own personal use only.

You must not copy, reproduce, distribute, modify, create derivative works from, publicly display, republish, download, store, transmit, sell, or exploit any part of our website or content without our prior written consent.

The names, logos, product names, designs, and slogans of Kaia Kini are trademarks or brand assets of Kaia Kini Limited or its licensors. You must not use them without our prior written permission.

Shopify’s name, logo, product names, and service names are trademarks of Shopify. All other names, logos, product names, designs, and slogans appearing on our website are the property of their respective owners.

SECTION 8 — OPTIONAL TOOLS

We may provide access to tools, features, services, or functionality provided by third parties.

We do not control these third-party tools and provide access to them “as is” and “as available”, without warranties, representations, or conditions of any kind.

Any use of optional third-party tools is entirely at your own risk and discretion. You should ensure that you understand and agree to the terms provided by the relevant third-party provider.

We may also introduce new features, tools, services, or resources in the future. These will also be subject to these Terms of Service unless stated otherwise.

SECTION 9 — THIRD-PARTY LINKS

Our website may contain links to websites, services, content, or functionality provided by third parties.

We are not responsible for examining or evaluating the content, accuracy, policies, practices, products, or services of any third-party website or service.

If you choose to access third-party websites or services, you do so at your own risk.

We are not liable for any harm, loss, or damage related to your use of third-party websites, services, products, resources, or content.

Please review third-party policies and terms carefully before engaging in any transaction with them.

SECTION 10 — PRIVACY POLICY

Any personal information we collect through our website and services is handled in accordance with our Privacy Policy.

Because our store is hosted by Shopify, Shopify may also collect and process personal information about your access to and use of our website in order to provide and improve the services used by our store.

Information you submit through our website may be transmitted to and shared with Shopify and other third-party service providers, including providers located outside the country where you live, where this is necessary to provide our services.

Please review our Privacy Policy for more information about how we collect, use, store, and share personal information.

SECTION 11 — FEEDBACK, REVIEWS AND SUBMISSIONS

If you submit, upload, post, email, or otherwise send us any ideas, suggestions, feedback, reviews, proposals, images, content, or other materials, you grant us a worldwide, royalty-free, transferable, sublicensable, perpetual licence to use, reproduce, modify, publish, distribute, display, and create derivative works from such content for any purpose, including commercial purposes.

You confirm that you own or have the necessary rights to submit such content and that your content does not violate the rights of any third party.

You agree that your submissions will not contain anything unlawful, abusive, defamatory, obscene, misleading, harmful, or otherwise objectionable.

We may, but are not required to, monitor, edit, or remove content submitted by users.

We take no responsibility and assume no liability for content submitted by you or any third party.

SECTION 12 — ERRORS, INACCURACIES AND OMISSIONS

Occasionally, information on our website may contain typographical errors, inaccuracies, or omissions relating to product descriptions, prices, promotions, offers, shipping charges, delivery times, stock availability, or other information.

We reserve the right to correct any errors, inaccuracies, or omissions and to change, update, or cancel orders if any information is inaccurate at any time, including after you have submitted your order.

If we cancel an order after payment has been taken, we will refund the amount paid for the cancelled order or cancelled item.

SECTION 13 — PROHIBITED USES

You may only use our website and services for lawful purposes.

You must not use our website or services:

a. for any unlawful, fraudulent, or malicious purpose;
b. to violate any applicable law, regulation, rule, or ordinance;
c. to infringe or violate our intellectual property rights or the rights of others;
d. to harass, abuse, insult, harm, defame, intimidate, or discriminate against any person;
e. to submit false or misleading information;
f. to upload, transmit, or distribute viruses, malware, or harmful code;
g. to send spam, phishing, unsolicited advertising, or other unwanted communications;
h. to impersonate any person or entity;
i. to collect or track personal information of others without permission;
j. to interfere with or bypass the security features of our website;
k. to scrape, crawl, extract, copy, or misuse our website, content, data, or services; or
l. to engage in any conduct that restricts or interferes with another person’s use or enjoyment of our website.

We reserve the right to suspend, restrict, or terminate your access to our website or services if we believe you have violated these Terms.

SECTION 14 — AUTOMATED ACCESS AND AGENTS

This section applies if you use, allow, enable, or cause any automated system, bot, scraper, crawler, artificial intelligence tool, agent, or similar technology to access, use, or interact with our website or services.

You must not use automated systems to access, scrape, extract, copy, monitor, or interact with our website or services without our prior written permission.

Any permitted automated access must clearly identify itself, comply with all applicable laws, respect our technical restrictions, and must not attempt to bypass security measures, rate limits, CAPTCHAs, robots.txt instructions, or other access controls.

We reserve the right to block, limit, restrict, or take action against automated access at any time.

SECTION 15 — TERMINATION

We may terminate or suspend your access to our website or services at any time, without notice, if we believe you have breached these Terms or used our website in a way that may cause harm to us, our customers, our service providers, or any third party.

You will remain responsible for all amounts due up to and including the date of termination.

The following sections will continue to apply after termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver and Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions that by their nature should survive termination.

SECTION 16 — DISCLAIMER OF WARRANTIES

Our website and services are provided for general information and ecommerce purposes.

While we make reasonable efforts to keep our website accurate, complete, and up to date, we do not guarantee that all information will always be accurate, complete, reliable, current, or error-free.

Except as expressly stated by us, and to the fullest extent permitted by law, our website, services, and products are provided “as is” and “as available”, without warranties, representations, or conditions of any kind, whether express or implied.

We do not guarantee that your use of our website or services will be uninterrupted, timely, secure, or error-free.

Nothing in these Terms excludes or limits any rights you may have under applicable consumer protection laws.

SECTION 17 — LIMITATION OF LIABILITY

Nothing in these Terms limits or excludes liability where it would be unlawful to do so, including liability for death or personal injury caused by negligence, fraud, fraudulent misrepresentation, or any rights you have under applicable consumer law.

To the fullest extent permitted by law, Kaia Kini Limited, its directors, officers, employees, affiliates, agents, contractors, service providers, licensors, and Shopify and its affiliates will not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, loss of revenue, loss of savings, loss of data, or replacement costs arising from your use of our website, services, or products.

This limitation applies whether the claim is based in contract, tort, negligence, strict liability, or otherwise.

SECTION 18 — INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Kaia Kini Limited, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any losses, damages, liabilities, claims, or expenses arising out of:

a. your breach of these Terms of Service;
b. your violation of any law or the rights of a third party; or
c. your misuse of our website or services.

We reserve the right to control the defence and settlement of any claim at your expense where permitted by law. You agree to cooperate with us in the defence of any such claim.

SECTION 19 — SEVERABILITY

If any provision of these Terms of Service is found to be unlawful, void, or unenforceable, that provision will be enforceable to the fullest extent permitted by law.

The unenforceable part will be treated as severed from these Terms, and this will not affect the validity or enforceability of the remaining provisions.

SECTION 20 — WAIVER AND ENTIRE AGREEMENT

Our failure to exercise or enforce any right or provision of these Terms does not constitute a waiver of that right or provision.

These Terms of Service, together with any policies or operating rules posted by us on this website, form the entire agreement between you and us regarding your use of our website and services.

These Terms supersede any prior or contemporaneous agreements, communications, and proposals between you and us, whether oral or written.

Any ambiguities in the interpretation of these Terms will not be construed against the drafting party.

SECTION 21 — ASSIGNMENT

You may not transfer, assign, or delegate these Terms or any of your rights or obligations under them without our prior written consent.

We may transfer, assign, or delegate these Terms and our rights and obligations without your consent, where permitted by law.

SECTION 22 — GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide products or services to you are governed by and construed in accordance with the laws of England and Wales.

If you are a consumer, this does not affect any mandatory rights you may have under the laws of the country or region where you live.

The courts of England and Wales shall have jurisdiction over any dispute arising from or relating to these Terms, subject to any mandatory rights you may have as a consumer.

SECTION 23 — HEADINGS

The headings used in these Terms are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 24 — CHANGES TO THESE TERMS

You can review the most current version of these Terms of Service on this page at any time.

We reserve the right to update, change, or replace any part of these Terms by posting updates and changes to our website.

Where required by law, we will notify you of material changes.

Your continued use of or access to our website or services following the posting of changes to these Terms constitutes acceptance of those changes.

SECTION 25 — CONTACT INFORMATION

Questions about these Terms of Service should be sent to us at:

Email: hello@kaiakini.com

Our business details are:

Kaia Kini Limited, trading as Kaia Kini
Registered office / business correspondence address:
61 Bridge Street
Kington
HR5 3DJ
United Kingdom

Company registration number: 17008225