TERMS AND CONDITIONS

These terms and conditions (the “Terms and Conditions”) govern the use of www.kittokuma.com (the “Site”). This site is owned and operated by KittoKuma Inc.. This Site is an ecommerce website. By using this Site, you indicate that you have read and understand these Terms and Conditions and agree to abide by them at all times.

Intellectual Property

All content published and made available on our Site is the property of KittoKuma Inc. and the Site’s creators. This includes, but is not limited to images, text, logos, documents, downloadable files and anything that contributes to the composition of our Site.

Acceptable Use

As a user of our Site, you agree to use our Site legally, not to use our Site for illegal purposes, and not to:

  • Harass or mistreat other users of our Site;
  • Violate the rights of other users of our Site;
  • Violate the intellectual property rights of the Site owners or and third party to the Site;
  • Hack into the account of another user of the Site; or
  • Act in any way that could be considered fraudulent.

If we believe you are using our Site illegally or in a manner that violates these Terms and Conditions, we reserve the right to limit, suspend or terminate your access to our Site. We also reserve the right to take and legal steps necessary to prevent you from accessing our Site.

Accounts

When you crease an account on our Site, you agree to the following:

  1. You are solely responsible for your account and the security and privacy of your account, including passwords or sensitive information attached to that account; and
  2. All personal information you provide to us through your account is up to date, accurate, and truthful and that you will update your personal information if it changes.

We reserve the right to suspend of terminate your account if you are using our Site illegally or if you violate these Terms and Conditions.

Sale of Goods

The Terms and Conditions govern the sale of goods available on our Site. The following goods are available on our Site:

  • Gift Cards;
  • Physical Toys; and
  • Clothing.

These Terms and Conditions apply to all the goods that are displayed on our Site at the moment you access it. This includes all products listed as bring out of stock. All information, descriptions, or images that we provide about our goods are as accurate as possible. However, we are not legally bound by such information, descriptions, or images as we cannot guarantee the accuracy of all goods we provide. You agree to purchase goods from our Site at your own risk. We reserve the right to modify, reject or cancel you order whenever it becomes necessary. If we cancel your order and have already processed your payment, we will give you a refund equal to the amount you paid. You agree that it is your responsibility to monitor your payment instrument to verify receipt of any refund.

Subscriptions

Your subscription does not automatically renew. You will be notified before your next payment is due and must authorize that payment in order for your subscription to continue. To cancel your subscription, please follow these steps: Subscriptions are non-refundable even if cancelled.

Payments

We accept the following payment methods on our Site:

  • Credit Card;
  • Paypal;
  • Debit; and
  • Apple Pay

When you provide us with your payment information, you authorize our use of and access to the payment instrument you have chosen to use. By providing us with your payment information, you authorize us to charge the amount due to this payment instrument. If we believe your payment has violated and law or these Terms and Conditions, we reserve  the right to cancel or reverse your transaction.

Shipping and Delivery

When you purchase physical goods from our Site, the goods will be delivered through one of the following methods:

  • Canada Post Expedited Parcel; or
  • Canada Post XpressPost

Delivery will take place as soon as reasonably possible, depending on the delivery method selected. Delivery times may vary due to unforeseen circumstances. Please note that delivery times do not include weekends and statutory holidays. You will be required to pay delivery charges in addition to the price for the goods you purchase. You are required to provide us with a complete and accurate delivery address, including the name of the recipient. We are not liable for the delivery of your goods to the wrong address or wrong person as a result of you providing us with inaccurate or incomplete information or a mistake committed by the Courier.

Returns & Refunds

Return & Refunds for Goods Return & Refund requests must be made within 30 days after receipt of your goods, based on your tracking information. Refunds do not apply to the following goods:

  • Gift Cards;
  • Digital Goods;
  • Collectible Physical Goods; and
  • Limited Edition Items.

Returns

Returns can be made by mail. To return a good by mail, please follow the procedure below:

  • Send us an email to start the return process and get authorization
  • Once authorization is granted a shipping label will be provided
  • Please carefully package the item(s) for return and affix the label to the package.
  • Drop the item off at a post office near you
  • We will contact you once the package is received and processed with options for a refund or store credit less the return shipping costs.

Consumer Protection Law

Where the Consumer Protection Act, or any other consumer protection legislation in your jurisdiction applies and cannot be excluded, these Terms and Conditions will not limit your legal rights and remedies under that legislation. These Terms and Conditions will be read subject to the mandatory provisions of that legislation. If there is a conflict between these Terms and Conditions and that legislation, the mandatory provisions of the legislations will apply.

Links to Other Websites

Our Site contains links to third party websites or services that we do not own or control. We are not responsible for the content, policies, or practices of any third party website or service linked to on our Site. It is  your responsibility to read the terms and conditions and privacy policies of these third party websites before using these sites.

Limitation of Liability

KittoKuma Inc. and our directors, officers, agents, employees, subsidiaries, and affiliates will not be liable for any actions, claims, losses, damages, liabilities and expenses including legal fees from your use of the Site.

Indemnity

Except where prohibited by law, by using this Site you indemnify and hold harmless KittoKuma Inc. and our directors, officers, agents, employees, subsidiaries, and affiliates from any actions, claims, losses, damages, liabilities and expenses including legal fees arising out of your use of our Site violation of these Terms and Conditions.

Applicable Law

These Terms and Conditions are governed by the laws of the Province of Ontario.

Severability

If at any time any of the provisions set forth in these Terms and Conditions are found to be inconsistent or invalid under applicable laws, those provisions will be deemed void and will be removed from these Terms and Conditions. All other provisions will be not be affected by the removal and rest of these Terms and Conditions will still be considered valid.

Changes

These Terms and Conditions may be amended from time to time in order to maintain compliance with the law and to reflect any changes to the way we operate our Site and the way we expect users to behave on our Site. We will notify users by email of changes to these Terms and Conditions or post a notice on our Site.

Contact Details

Please contact us if you have any questions or concerns. Our contact details are as follows: Phone: 289-205-2494 Email: info@kittokuma.com Address: PO BOX 99900 DG 126 790 RPO UNIONVILLE UNIONVILLE, ON L3R4T3 You can also contact us through the feedback form available on our Site.

Effective Date: 15th of May, 2023