Terms of service

TERMS AND CONDITIONS

OVERVIEW

Welcome to THISISKACHI! The terms “we,” “us,” and “our” refer to THISISKACHI. THISISKACHI operates this shop and website, including all related information, content, features, tools, products, and services, in order to provide you, the customer, with an individual shopping experience (the “Services”). THISISKACHI is powered by Shopify, which enables us to provide the Services to you.

These Terms and Conditions, together with the policies referred to herein (collectively, the “Terms and Conditions” or “Terms”), describe your rights and obligations when using the Services.

Please read these Terms and Conditions carefully, as they contain important information concerning your legal rights and address matters including disclaimers of warranties and limitations of liability.

By visiting, interacting with, or using our Services, you agree to be bound by these Terms and Conditions and our Privacy Policy [LINK]. If you do not agree to these Terms and Conditions or the Privacy Policy, you may not use or access our Services.

SECTION 1 – ACCESS AND ACCOUNT

By agreeing to these Terms and Conditions, you represent that you are of legal age in the state or region in which you reside and that you have given us your consent to permit your minor dependants to use the Services on devices that you own, have purchased, or control.

In order to use the Services, including accessing or browsing our online stores or purchasing products or services that we offer, you may be required to provide certain information, such as your email address and billing, payment, and delivery information. You represent and warrant that all information you provide in our stores is accurate, current, and complete and that you have full authority to provide such information.

You are solely responsible for maintaining the security of your account credentials and for all activity conducted through your account. You may not transfer, sell, assign, or license your account to any other person.

SECTION 2 – OUR PRODUCTS

We have made every effort to display our products and Services in our online stores as accurately as possible. However, please note that the colours or appearance of products may differ from the colours displayed on your screen due to the device you use to access the store and its settings and configuration.

We do not warrant that the appearance or quality of products or Services purchased by you will meet your expectations or correspond to the representations displayed in our online stores.

All product descriptions may be changed at any time and without prior notice, at our sole discretion. We reserve the right to discontinue products at any time and to limit the quantities of products that we offer to any person, geographic region, or jurisdiction on a case-by-case basis.

SECTION 3 – ORDERS

By placing an order, you submit an offer to purchase. THISISKACHI reserves the right, at its sole discretion, to accept or reject your order for any reason. Your order shall only be deemed accepted once confirmed by THISISKACHI. Acceptance of your order is conditional upon receipt and processing of your payment.

Please carefully review your order before submitting it, as THISISKACHI may be unable to accommodate cancellation requests after an order has been accepted. If we do not accept, modify, or cancel an order, we will endeavour to notify you using the email address, billing address, and/or telephone number provided with the order.

Returns or exchanges of your purchases shall be made exclusively in accordance with our right of withdrawal policy [LINK].

You represent and warrant that your purchases are intended for your personal use or household use and not for commercial resale or export.

SECTION 4 – PRICES AND BILLING

Prices, discounts, and promotional offers may be changed without prior notice. The price charged for a product or Service shall be the price applicable at the time the order is placed and shall be stated in the order confirmation sent to you by email. Unless expressly stated otherwise, the prices indicated do not include taxes, shipping, handling, customs, or import duties.

The prices displayed in our online stores may differ from prices in physical retail stores or in online stores or other stores operated by third parties. From time to time, we may offer promotions relating to the Services that may affect pricing and may be subject to terms and conditions different from these Terms. In the event of any inconsistency between the terms of a promotion and these Terms and Conditions, the terms of the promotion shall prevail.

You agree to provide current, complete, and accurate purchase, payment, and account information for all purchases made through our stores. You agree to promptly update your account and other information, including your email address, credit card numbers, and expiration dates, so that we can complete your transactions and contact you as necessary.

You represent and warrant that: (i) the credit card information you provide is truthful, accurate, and complete; (ii) you are authorised to use the credit card for the purchase; (iii) the charges incurred by you will be honoured by your credit card company; and (iv) you will pay all charges incurred by you at the stated prices, including shipping and handling charges and all applicable taxes.

SECTION 5 – SHIPPING AND DELIVERY

We are not liable for shipping or delivery delays. All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by shipping carriers, customs clearance, or events beyond our control.

Once we have delivered the products to the shipping carrier, title to the products and the risk of loss shall pass to you.

SECTION 6 – INTELLECTUAL PROPERTY

Our Services, including, without limitation, all trademarks, service marks, text, representations, images, graphics, product reviews, video and audio files, and the design, selection, and arrangement thereof, are the property of THISISKACHI, its affiliates, or its licensors and are protected by United States and foreign patent, copyright, and other intellectual property laws.

These Terms and Conditions permit you to use the Services solely for personal, non-commercial purposes. Without our prior written consent, you may not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store, or transmit any material contained in the Services.

Except as expressly provided herein, nothing in these Terms and Conditions grants you, nor shall anything herein be construed as granting you, any licence or other right in or to any patents, trademarks, copyrights, or other intellectual property of THISISKACHI, Shopify, or any third party. Unauthorised use of the Services may constitute a violation of federal and state intellectual property laws. All rights not expressly granted herein are reserved by THISISKACHI.

The names, logos, product and service names, designs, and slogans of THISISKACHI are trademarks of THISISKACHI or its affiliates or licensors. You may not use such trademarks without the prior written permission of THISISKACHI. The name, logo, product and service names, designs, and slogans of Shopify are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans appearing in the Services are trademarks of their respective owners.

SECTION 7 – OPTIONAL TOOLS

You may be provided with access to customer tools offered by third parties as part of the Services, which we neither monitor nor control and over which we have no influence.

You acknowledge and agree that we provide access to such tools on an “as is” and “as available” basis, without any warranties, representations, or conditions of any kind and without any endorsement. We disclaim all liability arising from or relating to your use of optional third-party tools.

Your use of optional tools made available through the website is entirely at your own risk and discretion. You are responsible for familiarising yourself with and accepting the terms and conditions under which such tools are provided by the relevant third-party providers.

We may also introduce new features through the Services in the future, including the release of new tools and resources. Such new features shall also constitute part of the Services and shall be subject to these Terms and Conditions.

SECTION 8 – THIRD-PARTY LINKS

The Services may contain materials and hyperlinks to websites provided or operated by third parties, including embedded third-party functionality. We are not responsible for reviewing or evaluating the content or accuracy of any materials or websites operated by third parties that you access at your own discretion.

If you choose to leave the Services to access such materials or third-party websites, you do so at your own risk.

We shall not be liable for any damage or loss arising from your access to third-party websites or from the purchase or use of products, Services, resources, or content available on third-party websites. You should carefully review the policies and procedures of the relevant third party and ensure that you understand them before entering into any transaction.

Complaints, claims, concerns, or questions regarding third-party products and Services should be directed to the relevant third party.

SECTION 9 – RELATIONSHIP WITH SHOPIFY

[MERCHANT NOTE: This section accurately characterises Shopify’s relationship with your store and should not be removed or modified.]

THISISKACHI is powered by Shopify, which enables us to provide the Services to you. However, all sales and purchases made through our store are concluded directly with THISISKACHI.

By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of the transactions between you and THISISKACHI, including any injury, damage, or loss arising from products and Services purchased.

You hereby expressly release Shopify and its affiliates from all liability for any claims, damages, and liabilities arising from or relating to your purchases and transactions with THISISKACHI.

SECTION 10 – PRIVACY POLICY

All personal data collected by us through the Services is subject to our Privacy Policy, which may be accessed here [LINK]. In addition, certain personal data may be subject to Shopify’s Privacy Policy, which may be accessed here.

By using the Services, you acknowledge that you have read these privacy policies.

Because the Services are hosted by Shopify, Shopify collects and processes personal data relating to your access to and use of the Services in order to provide and improve the Services. Data that you submit to the Services may be shared with Shopify and third-party service providers, which may be located in countries other than your country of residence, in order to provide the Services to you.

Please refer to our Privacy Policy [LINK] for further information regarding how we, Shopify, and our partners use your personal data.

SECTION 11 – FEEDBACK

If you submit, upload, post, email, or otherwise transmit any ideas, suggestions, feedback, reviews, proposals, plans, or other content (collectively, “Feedback”), you grant us a perpetual, worldwide, sublicensable, royalty-free licence to use, reproduce, modify, publish, distribute, and display such Feedback in any medium and for any purpose, including commercial purposes.

For example, we may exercise our rights under this licence to operate, provide, evaluate, expand, improve, and promote the Services, to fulfil our obligations, and to exercise our rights under these Terms and Conditions.

You further represent and warrant that: (i) you own all rights in the Feedback or otherwise have all necessary rights to provide it; (ii) you have disclosed any compensation or incentives received by you in connection with submitting the Feedback; and (iii) your Feedback complies with these Terms and Conditions.

We are under no obligation to: (1) maintain the confidentiality of your Feedback; (2) pay compensation for your Feedback; or (3) respond to your Feedback.

We reserve the right, but are under no obligation, to monitor, edit, or remove Feedback that, in our sole discretion, we determine to be unlawful, offensive, threatening, defamatory, libellous, pornographic, obscene, or otherwise objectionable, or that violates the intellectual property rights of any party or these Terms and Conditions.

You represent and warrant that your Feedback does not infringe the rights of any third party, including copyrights, trademarks, privacy rights, publicity rights, or other personal or proprietary rights.

You further represent and warrant that your Feedback does not contain defamatory or otherwise unlawful, abusive, or obscene statements and is free from computer viruses or other malware that could in any way affect the operation of the Services or any related website.

You may not use a false email address, impersonate another person, or otherwise mislead us or third parties as to the origin of the Feedback.

You are solely responsible for your Feedback and its accuracy. We assume no responsibility or liability for Feedback posted by you or any third party.

SECTION 12 – ERRORS, INACCURACIES, AND OMISSIONS

From time to time, information on or within the Services may contain typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability.

In the event of any inaccuracies, we reserve the right to correct any errors, inaccuracies, or omissions; to change or update information; or to cancel orders at any time and without prior notice, including after you have submitted your order.

SECTION 13 – PROHIBITED USES

You may access and use the Services only for lawful purposes. You may not, directly or indirectly, access or use the Services: (a) for any unlawful or malicious purpose; (b) to violate any international, federal, provincial, state, or local regulation, rule, law, or ordinance; (c) to infringe or violate our intellectual property rights or the intellectual property rights of others; (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate against any of our employees or any other person; (e) to submit false or misleading information; (f) to send, knowingly receive, upload, download, use, or reuse any material that does not comply with these Terms and Conditions; (g) to transmit or facilitate the transmission of advertising or promotional material, including “junk mail,” “chain letters,” “spam,” or other similar solicitations; (h) to impersonate or attempt to impersonate another individual or legal entity; or (i) to engage in any other conduct that restricts or inhibits the use or enjoyment of the Services or that, in our sole discretion, may harm THISISKACHI, Shopify, or users of the Services or expose them to liability.

You further agree not to: (a) upload or transmit viruses or any other type of malicious code that may in any way affect the functionality or operation of the Services; (b) reproduce, duplicate, copy, sell, resell, or exploit any portion of the Services; (c) collect or track the personal information of others; (d) engage in spam, phishing, pharming, pretexting, spidering, crawling, or scraping activities; or (e) interfere with or circumvent the security features of the Services, any related website, any other website, or the Internet.

We reserve the right to suspend, disable, or terminate your account at any time and without prior notice if we determine that you have violated any provision of these Terms and Conditions.

SECTION 14 – TERMINATION

We may terminate this agreement or your access to the Services, or any portion thereof, at our sole discretion at any time and without prior notice. You shall remain liable for all amounts due up to and including the date of termination.

The following provisions shall survive termination of the contractual relationship: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver, Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions that by their nature are intended to survive termination.

SECTION 15 – DISCLAIMER OF WARRANTIES

The information presented on or through the Services is provided for general informational purposes only. We make no representation or warranty as to the accuracy, completeness, or usefulness of such information.

Any reliance you place on such information is strictly at your own risk. 

We disclaim any liability arising from or relating to your reliance, or the reliance of other visitors to the Services or other persons informed of their content, on such materials.

UNLESS EXPRESSLY STATED OTHERWISE BY THISISKACHI, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, INCLUDING ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT OR GUARANTEE THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OR LIMITATION OF IMPLIED OR OTHER WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.

SECTION 16 – LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THISISKACHI, OUR AFFILIATES, PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, LICENSORS, OR THOSE OF SHOPIFY AND ITS AFFILIATES SHALL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER ARISING IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, ARISING OUT OF OR RELATING TO YOUR USE OF THE SERVICES OR ANY PRODUCTS OBTAINED THROUGH THE SERVICES, OR FOR ANY OTHER CLAIM IN ANY WAY RELATED TO YOUR USE OF THE SERVICES OR ANY PRODUCT, INCLUDING, WITHOUT LIMITATION, ANY ERRORS OR OMISSIONS IN ANY CONTENT OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICES OR ANY CONTENT (OR PRODUCTS) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

SECTION 17 – INDEMNIFICATION

You agree to indemnify, defend, and hold harmless THISISKACHI, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from and against any losses, damages, liabilities, or claims, including reasonable attorneys’ fees, payable to third parties arising out of or relating to: (1) your breach of these Terms and Conditions or the documents incorporated herein by reference; (2) your violation of any law or the rights of any third party; or (3) your access to or use of the Services.

We will notify you of any indemnifiable claim, provided that any failure to provide prompt notice shall not relieve you of your obligations unless you are materially prejudiced as a result. We may assume control of the defence and settlement of any such claim at your expense, including the selection of legal counsel; provided, however, that we will not settle any claim that imposes non-monetary obligations on you without your consent, which consent shall not be unreasonably withheld. You agree to cooperate in the defence of any claim, including by providing relevant documents.

SECTION 18 – SEVERABILITY

If any provision of these Terms and Conditions is determined to be unlawful, void, or unenforceable, such provision shall nevertheless remain effective to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms and Conditions. Such determination shall not affect the validity or enforceability of the remaining provisions.

SECTION 19 – WAIVER; ENTIRE AGREEMENT

Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision.

These Terms and Conditions, together with any policies or operating rules posted by us on this website or in relation to the Services, constitute the entire agreement and understanding between you and us and govern your use of the Services. They supersede all prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us, including, without limitation, any prior versions of these Terms and Conditions.

Any ambiguity in the interpretation of these Terms and Conditions shall not be construed against the party that drafted them.

SECTION 20 – ASSIGNMENT

You may not assign, transfer, or otherwise convey this agreement or any of your rights or obligations under these Terms and Conditions without our prior written consent, and any attempt to do so shall be null and void. We may assign, transfer, or delegate these Terms and our rights and obligations without your consent or notice to you.

SECTION 21 – GOVERNING LAW

These Terms and Conditions and any separate agreements pursuant to which we provide you with Services shall be governed by and construed in accordance with the federal and state or territorial courts of the country in which THISISKACHI has its principal place of business. You and THISISKACHI hereby consent to the jurisdiction and personal jurisdiction of such courts.

SECTION 22 – HEADINGS

The headings used in this agreement are included for convenience only and shall not affect the interpretation or application of these Terms and Conditions.

SECTION 23 – CHANGES TO THE TERMS AND CONDITIONS

You may review the most current version of the Terms and Conditions at any time on this page.

We reserve the right, at our sole discretion, to update, modify, or replace any part of these Terms and Conditions by posting updates and changes on our website. It is your responsibility to check our website periodically for changes. We will notify you of any material changes to these Terms and Conditions in accordance with applicable law. Such changes shall become effective on the date specified in the notice.

Your continued use of or access to the Services following the posting of any changes to these Terms and Conditions constitutes your acceptance of those changes.

SECTION 24 – CONTACT INFORMATION

If you have any questions regarding these Terms and Conditions, please contact us at katrin@thisiskachi.com.

Our contact information is set out below:

THISISKACHI
katrin@thisiskachi.com
Spitzwegstraße 3
81373 München
DE326074752