I. Acceptance of Terms
Welcome to Kinas LLC, operating the website kinas.site (hereinafter referred to as the “Site,” “Website,” “we,” “us,” or “our”). These Terms and Conditions (“Terms”) constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you,” “your,” “customer,” or “user”), and Kinas LLC concerning your access to and use of the Site, as well as the purchase of any products (including but not limited to wooden shelves, wooden chairs, and wooden & bamboo kitchen utensils) offered thereon.
By accessing, browsing, or making a purchase from the Site, you acknowledge that you have read, understood, and agree to be bound by all of these Terms. If you do not agree with all of these Terms, you are expressly prohibited from using the Site and must discontinue use immediately.
We reserve the right, at our sole discretion, to change, modify, add, or remove portions of these Terms at any time. It is your responsibility to check these Terms periodically for changes. Your continued use of the Site following the posting of any changes constitutes acceptance of those changes. The date of the last revision will be noted at the bottom of this page. These Terms apply to all visitors, users, and customers.
II. Intellectual Property Rights
The Site and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, audio, product designs, logos, trademarks, service marks, and the selection and arrangement thereof) are owned by Kinas LLC, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
Grant of Limited License: Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to access and use the Site for personal, non-commercial purposes. This license does not include any resale or commercial use of the Site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the Site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools.
Restrictions: You agree not to:
-
Republish, sell, rent, or sub-license material from the Site.
-
Reproduce, duplicate, copy, or otherwise exploit material on the Site for a commercial purpose.
-
Modify or create derivative works from any content.
-
Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
-
Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Site.
Any unauthorized use terminates the license granted by Kinas LLC.
III. User Representations, Accounts, and Responsibilities
By using the Site, you represent and warrant that:
-
You have the legal capacity to enter into a binding contract.
-
You will not use the Site for any illegal or unauthorized purpose.
-
All registration information you submit will be true, accurate, current, and complete.
-
You will maintain the accuracy of such information and promptly update it as necessary.
If you create an account on the Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer or device. You agree to accept responsibility for all activities that occur under your account or password. We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.
IV. Product Information, Pricing, and Availability
Product Descriptions: We strive to display the colors, images, and specifications of our products as accurately as possible. However, the display on your computer monitor or mobile device may vary. We do not guarantee that your monitor’s display of any color will be accurate. As our products are made from natural materials like wood and bamboo, variations in grain, color, and texture are inherent characteristics and are not considered defects. These natural variations enhance the uniqueness of each piece and are not grounds for return unless they constitute a material defect as defined in our Refund and Return Policy.
Pricing: All prices are listed in United States Dollars (USD). We reserve the right to change prices for products displayed on the Site at any time without notice. Such changes will not affect orders for which we have already sent an Order Confirmation (as defined below). Despite our best efforts, a small number of items on the Site may be mispriced. If an item’s correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation. Applicable sales tax will be added for orders shipped within the United States. For international orders, you are solely responsible for all customs duties, import taxes, VAT, or other fees levied by your country’s authorities.
Availability: All orders are subject to product availability. If an item is out of stock or unavailable, we will notify you and either cancel that item from your order or, if the entire order is unavailable, cancel the order in full. We are not liable for any loss or damage arising from such cancellation.
V. Orders and Acceptance
Order Process: The placement of an order on the Site constitutes an offer by you to purchase the selected products under these Terms. After you place an order, you will receive an email from us acknowledging that we have received your order (“Order Acknowledgement”). This email is not an acceptance of your order, only a confirmation that it has been received.
Order Acceptance: Your order will be deemed accepted by us, and a contract of sale (“Contract”) will be formed, only when we send you an email confirming that the product(s) have been dispatched (“Shipping Confirmation”). The Contract relates only to those products whose dispatch we have confirmed in the Shipping Confirmation. We reserve the right to refuse any order prior to issuing a Shipping Confirmation for any reason, including but not limited to: product unavailability, errors in product or pricing information, suspected fraud, or inability to authorize your payment.
Order Cancellation by Customer: You may request to cancel an order before it has been shipped by contacting us immediately at kinasllc@gmail.com. If the order has already been processed for shipping, it cannot be canceled, and you must follow our Refund and Return Policy upon receipt.
VI. Payment Terms
All payments are processed securely through our payment gateway provider, Stripe, Inc. By providing your payment information, you represent and warrant that you are authorized to use the designated payment method and you authorize us (or our third-party payment processor) to charge your method for the total amount of your order (including any applicable taxes and shipping). If your payment method cannot be verified, is invalid, or is otherwise not acceptable, your order may be suspended or canceled automatically.
You agree to provide current, complete, and accurate purchase and account information for all purchases made on the Site. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed.
VII. Shipping and Delivery
Our separate Shipping Policy, incorporated herein by reference, governs the shipment and delivery of products. You agree that estimated delivery times are estimates only and are not guaranteed. We are not liable for any delays in delivery caused by factors outside our reasonable control, including but not limited to acts of God, natural disasters, war, civil unrest, labor disputes, carrier delays, customs clearance, or governmental actions.
Title and Risk of Loss: Title to the products and risk of loss passes to you upon our delivery of the items to the carrier for shipment. You are responsible for filing any claims with the carrier for lost or damaged shipments.
VIII. Disclaimers and Limitation of Liability
Product Use Disclaimer: Our products, particularly furniture and kitchen tools, are designed for specific uses. You are responsible for reading and following all assembly instructions, weight limits, and care guidelines provided with the products. Failure to do so may result in product damage, personal injury, or property damage, for which Kinas LLC shall not be liable.
General Disclaimer: THE SITE AND ALL PRODUCTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. KINAS LLC DOES NOT WARRANT THAT THE SITE OR ITS CONTENT WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED.
Limitation of Liability: TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL KINAS LLC, ITS DIRECTORS, EMPLOYEES, PARTNERS, SUPPLIERS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SITE; (II) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SITE; (III) ANY PRODUCTS OBTAINED FROM THE SITE; OR (IV) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.
IN NO EVENT SHALL OUR AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SITE OR PRODUCTS EXCEED THE AMOUNTS YOU HAVE PAID TO KINAS LLC FOR PRODUCTS IN THE SIX (6) MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE LIABILITY, OR ONE HUNDRED DOLLARS (USD $100.00), WHICHEVER IS GREATER.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
IX. Indemnification
You agree to defend, indemnify, and hold harmless Kinas LLC and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers, and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from:
-
Your use of and access to the Site.
-
Your violation of any term of these Terms.
-
Your violation of any third-party right, including any copyright, trademark, trade secret, or privacy right.
-
Any claim that your use of the Site caused damage to a third party.
X. Governing Law and Dispute Resolution
These Terms and any separate agreements whereby we provide you services shall be governed by and construed in accordance with the laws of the State of New Mexico, United States, without regard to its conflict of law provisions.
Any legal suit, action, or proceeding arising out of, or related to, these Terms or the Site shall be instituted exclusively in the federal or state courts located in Bernalillo County, New Mexico, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
Informal Resolution First: Prior to initiating formal proceedings, you and Kinas LLC agree to attempt to resolve any dispute informally by contacting the other party. For any dispute you have with us, you agree to first contact us at kinasllc@gmail.com and attempt to resolve the dispute with us informally.
XI. Termination and Severability
We may terminate or suspend your account and bar access to the Site immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever, including without limitation if you breach the Terms. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
If any provision of these Terms is held to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions of these Terms will remain in effect. The invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision.
XII. Entire Agreement and Contact
These Terms, together with our Privacy Policy, Refund and Return Policy, and Shipping Policy, constitute the sole and entire agreement between you and Kinas LLC regarding the Site and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Site.
For any questions about these Terms and Conditions, please contact us at:
Kinas LLC
Email: kinasllc@gmail.com
Address: 1209 MOUNTAIN ROAD PL NE STE R, ALBUQUERQUE, NM 87110
