Terms and Conditions
November 17, 2020
Kynah, Inc. (“Kynah”) is a luxury Indian clothing and accessory company specializing in custom bridal, resort, and guest wear made in or inspired by India. (together the “Product(s)”).
These Terms and Conditions (hereinafter referred to as the “Terms”), describe how any customer, browser, or user (referred to as “you”, “your” or “Customer(s)”) of Kynah using this website (https://shopkynah.com) (the “Website”) may access, register, browse, use, or make a purchase, including all information and resources available. By visiting or accessing this Website or making a purchase, you agree to be bound by these Terms.
PLEASE READ THESE TERMS CAREFULLY AS THEY CONTAIN VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS; AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MAY APPLY TO YOU. YOU SHOULD ALSO CAREFULLY REVIEW KYNAH’S BEFORE USING OR MAKING A PURCHASE ON THIS WEBSITE.
Any new features or tools which are later added to this Website shall also be subject to the Terms outlined herein. You can review the most current version of the Terms at any time on this page. Kynah reserves the right to update, change, or replace any part of these Terms at any time by posting to this Website at its sole discretion. It is your responsibility to check this page periodically for changes. Your continued use of, or access to, or any purchase from this Website following the posting of any changes to these Terms constitutes acceptance of those changes.
- Prices and Payments
Kynah may offer promotions, discounts, or sales on its Website, or, in its sole discretion, to certain individuals (“Promotions”). Promotions are subject to change without notice. Promotions may affect pricing and may be governed by terms and conditions separate from these Terms. If there is a conflict between the terms and conditions for a Promotion and these Terms, the terms and conditions for the Promotion will govern that specific circumstance.
The price charged for any Product will be the price in effect at the time the order is placed and will be set out in any order confirmation. Customers may also be subject to additional charges, which may include but is not limited to: currency fees, exchange fees, VAT, and/or local taxes. All such fees shall be added to the Customer’s merchandise total.
Kynah accepts electronic payments through Shopify, PayPal, Amazon, Affirm, Apple Pay, and Google Pay, as well as through a valid credit or debit card (“Payment Method”).
Generally, Kynah will not ship your Products unless your Payment Method has been approved. However, if under limited circumstances you do not pay an amount owed when due or your Payment Method fails over a continuous period of time, Kynah may initiate collection procedures for any Products that were delivered to you or that you received. You agree to pay our cost of collection, including without limitation, any reasonable attorney’s fees.
- Returns, Exchanges, and Refunds
For information about returns, exchanges, and/or cancellations, please visit Returns & Exchanges.
In order to receive a refund, we ask that Products be unworn, unwashed, in their original packaging, with the original tags and security tags attached, and post-marked for return within 48 hours of receipt. We reserve the right to reject any Products that do not follow these guidelines.
Refunds will not be processed until your Product is received. Once your return is received, please allow 2-3 business days for us to inspect and process the return. Once your return is processed, you will receive an email notification confirming your refund. Please allow 3-5 business days for the refund to show on your original method of payment or for store credit. You are responsible for keeping the tracking information on your returned package.
All shipping costs are non-refundable and we charge a flat restock fee based on the Product being returned which shall be deducted from the amount returned to you.
- International Returns and Customs
Kynah [DOES/DOES NOT] accept international returns. [All fees are the responsibility of the Customer]. All items marked “final sale” may not be returned or exchanged. Kynah does not offer price adjustments at this time.
If for any reason you choose not to pay the fees associated with duties or customs related to an international shipment from an you order placed, your Product will not be shipped to you. In order to obtain a refund under these circumstances, you must send a written request to Kynah at firstname.lastname@example.org. Kynah reserves the right to deduct any fees, costs, or penalties incurred from any refund requested for receiving, restocking, or reshipping the Product in accordance with this clause.
- Customer Satisfaction
If you are dissatisfied with a Product, please contact email@example.com or text us at (818)-794-9626 to receive assistance directly from our team.
Please review these Terms and the full FAQS located on our Website prior to emailing our team as your question may have already been answered.
If you pay for your Products through PayPal or Shopify, payment disputes are handled directly through those platforms. If you contact us, we will do our best to help resolve the issue.
- General Terms
By agreeing to these Terms and using our Website, you represent that you are at least the age of majority in your state or province of residence and you have a valid form of payment. Minors may use our Website under the supervision of their parents or legal guardians who agree to be bound by these Terms on their behalf. If you are a parent or legal guardian agreeing to these Terms on behalf of a minor, then you are fully responsible for their use of this Website, including all liabilities.
You shall be responsible for maintaining the secrecy and confidentiality of your password and for all activities that transpire on or with your account. It is your responsibility for any act or omission of any third party that accesses your account information that, if undertaken by you, would be deemed a violation of these Terms. It shall be your responsibility to notify Kynah immediately if you notice any unauthorized access, use of your account or password, or any other breach of security. Kynah shall not be held liable for any losses and/or damages arising from any failure to comply with this clause.
You consent to receiving communications from Kynah, including but not limited to, emails, text messages, and/or calls updates to the Website, marketing, advertisement, and any other relevant information.
- 7. Risk of Loss
All Kynah Products are inspected prior to being delivered to a Customer. Risk of loss or damages of any kind to Products shall pass to the Customer upon being delivered to a postal carrier such as FedEx SmartPost, USPS, or UPS.
Upon receiving any Product, Customer shall have 48 hours to inspect for any defects and notify Kynah of any defects by providing photographic of video evidence. Subject to Kynah’s discretion, Kynah shall permit the Customer to return the Product for a refund or shall ship a replacement Product upon receiving the original Product.
Kynah does not accept any liability for defects arising from processing after delivery.
- Disclaimer of Warranties and Limitation of Liability
YOU AGREE TO USE THIS WEBSITE AND THE PRODUCTS AT YOUR SOLE RISK. ALL PRODUCTS OFFERED ON THIS WEBSITE ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY: (A) WARRANTY OF MERCHANTABILITY; (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; OR (C) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE.
IN NO EVENT SHALL KYNAH BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL OR PUNITIVE DAMAGES WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE AND WHETHER OR NOT KYNAH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE.
OUR SOLE AND ENTIRE MAXIMUM LIABILITY, FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO YOUR COST PAID FOR A PRODUCT.
- Wireless and Location-based Features; Social Media Plug-ins
Data Sharing. By using this Website, you affirmatively consent that Kynah may use and share your video and image viewing data with third parties until consent is withdrawn. Kynah may track your viewing for its research, analytics, or ad serving purposes. It may share the above information with companies that display ads to you or collect and analyze information, or to social networks.
Wireless Features. This Website may offer certain features that are available to you via your wireless device. These features may include the ability to access the Website, upload content, receive messages, and download applications to your wireless device (collectively, “Wireless Features”). Your carrier may prohibit or restrict certain Wireless Features and certain Wireless Features may be incompatible with your carrier or wireless device. In addition, your carrier may charge you for standard messaging, data, and other fees to participate in Wireless Features. Kynah has no responsibility or liability for any fees or charges you incur when using Wireless Features.
Your browser features should allow for you to disable the location-based features or manage preferences related to them. The location-based services offered in connection with this Website are for individual use only and should not be used or relied on as an emergency locator system, used while driving or operating vehicles, or used in connection with any hazardous environments requiring fail-safe performance, or any other situation in which the failure or inaccuracy of use of the location-based services could lead directly to death, personal injury, or severe physical or property damage. The location-based services are not suited or intended for family finding purposes, fleet tracking, or any other type of business or enterprise use.
Social Media Plug-Ins. Social media plug-ins of social networks such as Facebook, Twitter, Instagram, Pinterest and Google (among others) may be integrated on this Website. If you choose to click on one of these buttons or links, your browser connects directly to the servers of the relevant social network. The social network directly transmits the content of the plugin to your browser. If you are registered on the relevant social network and logged into your respective account the social network receives the information that the Website was used by you. If you are not registered with the social network or you are logged out before you use the Website, there is the possibility that at least your IP address will be submitted to and stored by the social network. If you interact with us through a social media Website, plug-in, etc., then you may be enabling us to have ongoing access to certain information from your social network profile (such as your name, social networking page, email address, photo, gender, location, the people and websites you follow, etc.).
- Violations and Termination of Account
Kynah reserves the right to refuse the sale of Products to anyone, for any reason, at any time, at its own discretion. Kynah reserves the right, but does not have an obligation, to pre-screen, refuse and/or delete any content or any Customer account. Kynah reserves the right to remove and/or delete any such content that would violate these Terms or which would otherwise be considered offensive to other Customers.
You represent and warrant that you are registering for this Website for your own personal use only, and not for resale, export, or other similarly unauthorized use. You agree that you shall not copy, modify, sell, attempt to sell, or market any Product as your own for financial gain. By doing so, you understand that you shall be subject to legal proceedings and damages, subject to Kynah’s discretion.
You agree that Kynah may, without any prior written notice, immediately suspend, terminate, discontinue and/or limit your account and access to the Website at its sole discretion, for any reason including any breach of these Terms, or engagement of fraudulent or illegal activities.
Furthermore, you herein agree that any and all terminations, suspensions, discontinuances, and or limitations of access for cause shall be made at our sole discretion and that we shall not be liable to you or any other third party with regards to the termination of your account, associated email address and/or access to the Website.
- Accuracy, Completeness, and Timeliness of Information
Kynah shall not be held responsible if information made available on the Website is not accurate, complete, or current. For clarity, you are relying on any information found on the Website at your own risk. Kynah reserves the right to modify the contents of the Website at any time, but has no obligation to update any information on the Website. You agree that it is your responsibility to monitor the Website for any changes that may occur. Kynah strives to display accurate Product and price information, however we may, on occasion, make inadvertent typographical errors, inaccuracies, or omissions related to pricing and availability. Kynah reserves the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.
- Access to Content
If you post, upload, or make available any, information, data, text, files, communications, or other materials regarding the Website and your use or purchase of any Product on any other website, blog, article, or social media platform (“Your Content”), you hereby grant Kynah a perpetual, non-exclusive, irrevocable, royalty-free, sub-licensable, transferable (in whole or part), worldwide license to use, reproduce, transmit, display, exhibit, distribute, index, comment on, modify, create derivative works based upon, perform, or otherwise exploit Your Content including your name, image, voice, likeness and/or other biographical information or material in connection with Your Content, in whole or in part, in all media formats and distribution methods now known or hereafter devised in connection with the Website, including but not limited to advertising, promoting, and marketing the Website or Products, all without further notice to you, with or without attribution, without limitation as to frequency, and without the requirement of any permission from or payment to you or to any other person or entity. You waive any right to inspect or approve Your Content or any use of Your Content. You waive all moral rights to Your Content, which may be available to you in any part of the world and confirm that no such rights have been asserted. None of Your Content will be subject to any obligation on our part, whether of confidentiality, attribution or otherwise, and we will not be liable for any use or disclosure of any Your Content.
- Dispute Resolution
If a controversy or claim should arise, the parties will first attempt in good faith to resolve such controversy or claim by negotiation. If the matter has not been resolved within thirty (30) days by negotiation, the parties will attempt in good faith to resolve the controversy or claim in accordance with mediation, with mutually agreeable rules. If the matter has not been resolved by mediation within sixty (60) days of the commencement of mediation, or if either party will not participate in mediation, then the controversy shall be settled by binding arbitration administered by the American Arbitration Association in accordance with the provisions of its Commercial Arbitration Rules and supplementary procedures for consumer related disputes of the American Arbitration Association (the “AAA”), excluding rules or procedures governing or permitting class actions. The parties agree that there shall be no pre-arbitration discovery and the arbitrator shall not award punitive damages to either of the parties. Judgment may be entered in any court having jurisdiction.
- Class Action Waiver
Any arbitration shall be conducted in each Customer’s individual capacity only and not as a class action or other representative action. Customer expressly waives their right to file a class action or seek relief on a class basis. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
Kynah may provide any notice to you under these Terms by: (a) sending a message to the email address you provided; or (b) by posting to this Website. Notices sent by email will be effective on the date the email is sent, and notices that are posted on this Website will be effective upon posting. It is your responsibility to keep your email address current and review any new notices on the Website.
To give us notice under these Terms, you must contact us by email, personal delivery, overnight courier, or by certified mail. Notice provided by email shall be effective upon being sent. Notice provided by personal delivery shall be effective immediately. Notice provided by overnight courier shall be effective one business day after it is sent. Notice provided by certified mail shall be effective three business days after it is sent. Notice can be sent to the following address:
2316 Pico Blvd.
Santa Monica, CA 90405
Third Party Content. This Website may contain links and references to other third party service providers (“Third Party Content”). This Third Party Content is provided as additional information. Kynah is not responsible for any Third Party Content or the actions of those that provide such content. Any information regarding a Third Party found on the Website does not imply that Kynah endorses or accepts any responsibility or liability for the Third Party, or vice versa.
Indemnification. By using this Website, you agree to indemnify, defend, and hold harmless Kynah (and its parent, subsidiary, associated and affiliated companies, including each of their respective officers, directors, agents and employees) from and against all damages, costs, reasonable attorney’s fees and expenses based upon, arising out of or in connection with any: (a) breach or alleged breach of any representation or warranty by Kynah; (b) unauthorized use of your information; or (c) other actual or alleged unauthorized action by Kynah, including without limitation, a breach of any term of this Agreement. The obligation for indemnification shall survive termination of the Agreement.
Governing Law and Jurisdiction. This Website is operated from the United States of America. All matters arising out of or relating to these Terms are governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule. The governing jurisdiction for any dispute shall be the State of California.
Severability. If any provision of these Terms is invalid, illegal, void or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.
Waiver. Failure by Kynah to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of Kynah.
Force Majeure. Kynah will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
Notice to California Users. Under California Civil Code Section 1789.3, California users of the Website are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 952-5210.
Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action against Kynah arising out of or related to the use of the Website or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
If you have any questions, please feel free to contact Kynah directly through the Website or by email at firstname.lastname@example.org.