Terms and Conditions

Welcome to Kimiko ("we", "us", "our"). By accessing or using our website (kimikojewellery.com) and/or purchasing our products, you ("customer", "you", "your") agree to be legally bound by these Terms and Conditions in their entirety. If you do not agree, please discontinue use of our website immediately.

1. General Provisions

These Terms and Conditions govern all use of the Kimiko website and all purchases made through it, worldwide.
We reserve the right to amend these terms at any time. The revised terms will be effective upon posting. Continued use of the website constitutes acceptance.
By placing an order, you represent and warrant that you are at least 18 years of age, legally competent to enter into a binding contract, and are not prohibited from doing so under any applicable law.
These terms apply to all visitors, users, customers, and any other persons who access or use our services.

2. Intellectual Property & Content Protection

All content on this website — including but not limited to jewelry designs, product photography, images, graphics, text, logos, branding, layout, and proprietary design concepts — is the exclusive intellectual property of Kimiko and is protected under applicable copyright, trademark, trade dress, and design laws worldwide.
No content from this website may be copied, reproduced, downloaded, scraped, distributed, modified, displayed, republished, or used in any form — in whole or in part — without the express prior written consent of Kimiko.
Unauthorized use of our designs, imagery, or brand identity constitutes infringement and may result in civil and/or criminal liability. We actively monitor and enforce our intellectual property rights globally.
All product designs created or sold by Kimiko remain the sole property of Kimiko. Purchase of a product does not transfer any intellectual property rights to the buyer.
You may not use our brand name, logo, or product images for any commercial purpose, advertising, or social media without prior written authorization.

3. Products & Orders

All products are subject to availability. We reserve the right to limit quantities, discontinue products, or modify specifications without notice.
Product images are for illustrative purposes. While we strive for accuracy, minor color and texture variations may occur due to display settings and the handcrafted nature of our jewelry. Such variations do not constitute a defect.
Orders may be canceled within 24 hours of placement at no charge. Cancellations after 24 hours will incur a 30% material and processing fee.
Custom, engraved, made-to-order, or personalized items are non-cancelable and non-refundable once production has commenced.
We reserve the right to refuse, limit, or cancel any order at our sole discretion, including cases of suspected fraud, abuse, pricing errors, or policy violations.

4. Pricing & Payment

All prices are listed in USD unless otherwise stated. Kimiko reserves the right to modify prices at any time without prior notice.
Full payment is required at the time of purchase. We accept major credit and debit cards and other methods listed at checkout, processed securely through Shopify Payments and Stripe, which are PCI-DSS compliant payment processors.
By completing a purchase, you authorize us to charge the full order amount to your chosen payment method.
All transactions are processed in a secure environment. Kimiko does not store full payment card details on our servers.
Customers are solely responsible for any applicable taxes, VAT, import duties, or customs fees required by their country of residence or destination. These charges are not included in our product prices or shipping fees.
In the event of a payment dispute or chargeback, we reserve the right to provide all transaction records, communications, and evidence to our payment processors and relevant authorities to contest the claim.

5. Chargebacks & Fraud Prevention

Filing a fraudulent chargeback — including chargebacks for orders that were delivered as described — is considered fraud and a violation of these Terms.
In the event of a disputed transaction, Kimiko will submit full documentation including order confirmation, shipping tracking, delivery proof, and customer communications to the payment processor to resolve the dispute.
Customers found to have filed fraudulent chargebacks may be permanently banned from purchasing on our website and reported to relevant fraud prevention services.
We cooperate fully with Shopify Payments, Stripe, and card networks to maintain a low dispute rate and ensure a legitimate, transparent transaction environment.

6. Shipping & Delivery

We offer worldwide shipping. Full details are outlined in our Shipping Policy.
Estimated delivery times are provided in good faith but are not guaranteed. Kimiko is not liable for delays caused by customs, postal services, natural events, or other factors beyond our control.
Risk of loss and title for purchased items pass to the customer upon handover to the shipping carrier.
Customers are responsible for providing accurate shipping information. Kimiko is not liable for non-delivery due to incorrect addresses provided by the customer.

7. Returns, Exchanges & Refunds

All returns, exchanges, and refunds are governed by our Return & Exchange Policy, which is incorporated into these Terms by reference. By placing an order, you agree to the terms outlined therein.

8. Prohibited Uses

You agree not to use our website or services to:

Engage in any unlawful, fraudulent, or harmful activity.
Copy, scrape, harvest, or collect any content, data, or personal information from our website.
Attempt to gain unauthorized access to any part of our website, systems, or servers.
Transmit malware, viruses, or any harmful or disruptive code.
Impersonate Kimiko, our staff, or any other person or entity.
Use our brand, designs, or product images for commercial purposes without written authorization.
Resell our products without prior written agreement.

9. Disclaimer of Warranties

To the fullest extent permitted by applicable law, Kimiko provides its website and products on an "as is" and "as available" basis without warranties of any kind, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement. We do not warrant that our website will be uninterrupted, error-free, or free of harmful components.

10. Limitation of Liability

To the maximum extent permitted by law, Kimiko, its directors, employees, affiliates, and suppliers shall not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages — including but not limited to loss of profits, revenue, data, goodwill, or business — arising from your use of or inability to use our website or products, even if advised of the possibility of such damages. Our total liability in any matter related to your purchase shall not exceed the amount paid for the specific order in question.

11. Indemnification

You agree to indemnify, defend, and hold harmless Kimiko and its officers, directors, employees, agents, and suppliers from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable legal fees) arising out of or related to your violation of these Terms, your use of our website, or your infringement of any third-party rights.

12. Governing Law & Dispute Resolution

These Terms and Conditions shall be governed by and construed in accordance with applicable international commercial law principles and the laws of the jurisdiction in which Kimiko operates.
In the event of a dispute, both parties agree to first attempt resolution through good-faith negotiation within 30 days of written notice.
If unresolved, disputes shall be submitted to binding arbitration under internationally recognized arbitration rules, or to the courts of competent jurisdiction, at Kimiko's election.
You waive any right to participate in class-action lawsuits or class-wide arbitration against Kimiko.

13. Privacy & Data Protection

Your use of our website is governed by our Privacy Policy, which is incorporated into these Terms by reference. We comply with applicable global data protection laws including GDPR (EU/UK), CCPA (California), and other applicable regional privacy regulations.

14. Severability

If any provision of these Terms is found to be invalid, unlawful, or unenforceable by a court of competent jurisdiction, that provision shall be modified to the minimum extent necessary to make it enforceable, and the remaining provisions shall continue in full force and effect.

15. Entire Agreement

These Terms and Conditions, together with our Privacy Policy, Shipping Policy, and Return & Exchange Policy, constitute the entire agreement between you and Kimiko with respect to your use of our website and purchase of our products, superseding all prior agreements or understandings.