Terms of Service
TERMS OF SERVICE
Last updated: [DATE]
OVERVIEW
Welcome to KAKIRA. In these Terms, "we," "us," and "our" mean Kakira, the company that operates the KAKIRA brand and this website at try-kakira.com.
These Terms cover this website and store and everything we make available through it, including all information, content, features, tools, products and services (together, the "Services"). Our store runs on Shopify, which enables us to provide the Services to you.
These Terms of Service, together with any policies referenced in them (the "Terms"), set out your rights and responsibilities when you use the Services.
Please read them carefully. They include important information about your legal rights, including warranty disclaimers and limits on our liability.
By visiting, interacting with, or using the Services, you agree to these Terms and to our Privacy Policy. If you do not agree to them, please do not use the Services.
SECTION 1 — ACCESS AND ACCOUNT
By agreeing to these Terms, you confirm that you are at least the age of majority where you live. If any minor in your care uses the Services on a device you own, purchase, or manage, you confirm you have consented to that use.
To use the Services — including browsing the store or buying anything from us — you may need to give us certain information, such as your email address and your billing, payment, and shipping details. You confirm that the information you give us is correct, current, and complete, and that you have the right to provide it.
You are responsible for keeping your account credentials secure and for everything that happens on your account. You may not transfer, sell, assign, or license your account to anyone else.
SECTION 2 — OUR PRODUCTS
We work hard to represent our products accurately. Even so, colour and appearance can look different on your screen depending on your device and its settings.
We do not warrant that the appearance or quality of anything you buy will meet your expectations or will exactly match how it appears in our store.
Product descriptions may change at any time without notice, at our discretion. We may also discontinue any product at any time, and we may limit the quantities we sell to any person, region, or jurisdiction on a case-by-case basis.
SECTION 3 — ORDERS
When you place an order, you are making an offer to buy. We may accept or decline any order at our discretion. Your order is not accepted until we confirm it, and we must receive and process your payment first.
Please check your order carefully before you submit it. Once an order is accepted, we may not be able to cancel or change it.
If we decline, change, or cancel an order, we will try to reach you using the email address, billing address, or phone number you gave us when you ordered.
Returns and exchanges are handled solely under our Refund Policy.
You confirm that what you buy is for your own personal or household use, and not for commercial resale or export.
SECTION 4 — PRICES AND BILLING
Prices, discounts, and promotions can change without notice. The price you pay is the price in effect when you place your order, and it will be shown in your order confirmation email.
Unless we say otherwise, posted prices do not include taxes, shipping, handling, customs, or import charges.
Prices in our store may differ from prices in physical stores or in stores operated by third parties. We may run promotions that affect pricing and are governed by their own separate terms. If those promotion terms conflict with these Terms, the promotion terms apply.
You agree to give us current, complete, and accurate purchase, payment, and account information, and to update it promptly — including your email address, card numbers, and expiry dates — so we can complete your orders and reach you when we need to.
You confirm that: (i) the payment information you give us is true, correct, and complete; (ii) you are authorised to use that payment method; (iii) your payment provider will honour the charges; and (iv) you will pay the charges at the posted prices, including shipping, handling, and any applicable taxes.
SECTION 5 — SHIPPING AND DELIVERY
All delivery times are estimates and are not guaranteed. We are not liable for shipping or delivery delays, and we are not responsible for delays caused by carriers, customs processing, or other events outside our control.
Once we hand products to the carrier, title and risk of loss pass to you.
SECTION 6 — INTELLECTUAL PROPERTY
The Services — including all trademarks, brands, text, displays, images, graphics, product reviews, video and audio, and the design, selection, and arrangement of all of it — are owned by [LEGAL ENTITY NAME], its affiliates, or its licensors, and are protected by U.S. and foreign patent, copyright, and other intellectual property laws.
These Terms allow you to use the Services for your own personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any material from the Services without our prior written consent.
Except as expressly stated here, nothing in these Terms grants you any licence or right under any patent, trademark, copyright, or other intellectual property belonging to us, Shopify, or any third party. Unauthorised use of the Services may violate federal and state intellectual property laws. All rights not expressly granted are reserved.
KAKIRA and [LEGAL ENTITY NAME], along with our logos, product and service names, designs, and slogans, are trademarks of [LEGAL ENTITY NAME] or its affiliates or licensors. You must not use them without our prior written permission. Shopify's name, logo, product and service names, designs, and slogans are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans on the Services belong to their respective owners.
SECTION 7 — OPTIONAL TOOLS
We may give you access to third-party tools that we neither monitor nor control.
You acknowledge that we provide access to those tools "as is" and "as available," with no warranties, representations, or conditions of any kind, and with no endorsement. We have no liability arising from or relating to your use of optional third-party tools.
Any use of these tools is entirely at your own risk. You should make sure you are familiar with, and agree to, the terms on which the relevant third-party provider offers them.
We may add new features to the Services in future, including new tools and resources. Those will also form part of the Services and will be subject to these Terms.
SECTION 8 — THIRD-PARTY LINKS
The Services may contain material from, and links to, websites operated by third parties, including embedded third-party functionality. We are not responsible for reviewing or evaluating the content or accuracy of third-party material or websites, and if you choose to leave the Services to access them, you do so at your own risk.
We are not liable for any harm or damage relating to your use of third-party websites, or to your purchase or use of any products, services, resources, or content on them. Please review the third party's own policies and practices before entering into any transaction. Complaints, claims, concerns, or questions about third-party products and services should be directed to that third party.
SECTION 9 — RELATIONSHIP WITH SHOPIFY
KAKIRA is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make in our Store are made directly with [LEGAL ENTITY NAME]. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and [LEGAL ENTITY NAME], including any injury, damage, or loss resulting from purchased products and services. You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with [LEGAL ENTITY NAME].
SECTION 10 — PRIVACY POLICY
All personal information we collect through the Services is subject to our Privacy Policy. Some personal information may also be subject to Shopify's Privacy Policy. By using the Services, you acknowledge that you have read both.
Because the Services are hosted by Shopify, Shopify collects and processes information about your access to and use of the Services in order to provide and improve them. Information you submit to the Services will be transmitted to and shared with Shopify and with third parties that may be located in countries other than where you live, in order to provide services to you. Our Privacy Policy explains in more detail how we, Shopify, and our partners use your personal information.
SECTION 11 — FEEDBACK
If you submit, upload, post, email, or otherwise send us any ideas, suggestions, feedback, reviews, proposals, plans, or other content ("Feedback"), you grant us a perpetual, worldwide, sublicensable, royalty-free licence to use, reproduce, modify, publish, distribute, and display that Feedback in any medium and for any purpose, including commercial use. For example, we may use this licence to operate, provide, evaluate, enhance, improve, and promote the Services, and to meet our obligations and exercise our rights under these Terms.
You also confirm that: (i) you own or have all necessary rights to your Feedback; (ii) you have disclosed any compensation or incentive you received in connection with it; and (iii) your Feedback complies with these Terms.
We are under no obligation to keep your Feedback confidential, to pay you for it, or to respond to it.
We may, but are not required to, monitor, edit, or remove Feedback that we determine in our sole discretion to be unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene, or otherwise objectionable, or that violates anyone's intellectual property rights or these Terms.
You agree that your Feedback will not violate anyone's rights, including copyright, trademark, privacy, personality, or other personal or proprietary rights. You agree it will not be libellous, unlawful, abusive, or obscene, and will not contain any virus or other malware that could affect the operation of the Services or any related website. You may not use a false email address, pretend to be someone else, or otherwise mislead us or anyone else about the origin of your Feedback. You are solely responsible for your Feedback and its accuracy. We take no responsibility and assume no liability for Feedback posted by you or any third party.
SECTION 12 — ERRORS, INACCURACIES, AND OMISSIONS
Occasionally, information in the Services may contain typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, offers, shipping charges, transit times, or availability.
We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information is inaccurate — 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 for lawful purposes only. You may not use them, directly or indirectly:
(a) for any unlawful or malicious purpose; (b) to violate any international, federal, provincial, state, or local law, rule, regulation, or ordinance; (c) to infringe our intellectual property rights or those of others; (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or harm our employees or any other person; (e) to transmit false or misleading information; (f) to send, knowingly receive, upload, download, use, or re-use any material that does not comply with these Terms; (g) to transmit, or arrange the sending of, any advertising or promotional material, including junk mail, chain letters, spam, or similar solicitation; (h) to impersonate or attempt to impersonate any other person or entity; or (i) to engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services, or that we determine may harm us, Shopify, or users of the Services, or expose any of them to liability.
You also agree not to: (a) upload or transmit viruses or any other malicious code that could affect the functionality or operation of the Services; (b) reproduce, duplicate, copy, extract, sell, resell, or exploit any portion of the Services; (c) collect or track other people's personal information; (d) spam, phish, pharm, or pretext the Services; (e) use any robot, spider, data-gathering or extraction tool, automatic device or process, AI tool (including agentic AI), or any other automated or manual means to access the Services; or (f) interfere with, bypass, or circumvent our security or authorisation features, robot exclusion headers, or other measures we use to restrict access to the Services.
We may suspend, disable, or terminate your account at any time, without notice, if we determine that you have breached any part of these Terms.
SECTION 14 — AGENTS
14.1 This section (the "Agent Terms") applies if you use, allow, enable, or cause the deployment of an Agent to access, use, or interact with any of the Services. "Agent" means any software or service that takes autonomous or semi-autonomous action on behalf of, or at the instruction of, any person or entity, and that can be executed on behalf of or using a person's device without direct supervision.
14.2 No Agent may access, use, or interact with the Services unless, at all times, it identifies itself and operates in strict accordance with section 14.4 below. In addition, no Agent may access, use, or interact with the Services if we have asked it to refrain from doing so.
14.3 We may limit, including by technical measures, whether and how any Agent accesses, uses, and interacts with the Services.
14.4 Agents must: (i) identify in all HTTP/HTTPS requests that the request comes from an Agent, and disclose the Agent's name by including Agent/[agent name] in the request's user agent string; (ii) not conceal or obscure that any access, use, or interaction comes from an Agent — for example by mimicking human behaviour and interaction patterns, or by completing or circumventing CAPTCHAs or other measures intended to distinguish computer use from human use; (iii) answer truthfully any question or prompt intended to determine whether the interaction is coming from a human or a computer; and (iv) not circumvent or otherwise avoid any measure intended to block, limit, modify, or control whether and how Agents access, use, or interact with the Services.
SECTION 15 — TERMINATION
We may terminate this agreement, or your access to the Services or any part of them, at our sole discretion and at any time without notice. You will remain liable for all amounts due up to and including the date of termination.
The following sections continue to apply after any termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver and Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provision that by its nature should survive termination.
SECTION 16 — DISCLAIMER OF WARRANTIES
The information presented on or through the Services is made available for general information purposes only. We do not warrant its accuracy, completeness, or usefulness. Any reliance you place on it is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on that material by you, by any other visitor to the Services, or by anyone who may be informed of its contents.
EXCEPT AS EXPRESSLY STATED BY [LEGAL ENTITY NAME], THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTIES, OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
SECTION 17 — LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO CASE SHALL [LEGAL ENTITY NAME], OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, OR LICENSORS, OR THOSE OF SHOPIFY AND ITS AFFILIATES, 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 BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, ARISING FROM YOUR USE OF ANY OF THE SERVICES OR ANY PRODUCTS PROCURED USING THE SERVICES, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES OR ANY PRODUCT, INCLUDING BUT NOT LIMITED TO 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 PRODUCT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, EVEN IF ADVISED OF THEIR POSSIBILITY.
SECTION 18 — INDEMNIFICATION
You agree to indemnify, defend, and hold harmless [LEGAL ENTITY NAME], Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any losses, damages, liabilities, or claims, including reasonable attorneys' fees, payable to any third party arising out of (1) your breach of these Terms or of any document they incorporate by reference, (2) your violation of any law or of the rights of a third party, or (3) your access to and use of the Services.
We will notify you of any indemnifiable claim. A failure to notify you promptly will not relieve you of your obligations unless you are materially prejudiced. We may control the defence and settlement of any such claim at your expense, including the choice of counsel, but we will not settle a claim that requires non-monetary obligations from you without your consent, which you will not unreasonably withhold. You will cooperate in the defence of indemnified claims, including by providing relevant documents.
SECTION 19 — SEVERABILITY
If any provision of these Terms is found to be unlawful, void, or unenforceable, that provision will still be enforced to the fullest extent permitted by applicable law, and the unenforceable part will be treated as severed from these Terms. That finding will not affect the validity or enforceability of any remaining provision.
SECTION 20 — WAIVER AND ENTIRE AGREEMENT
If we do not exercise or enforce any right or provision of these Terms, that does not waive that right or provision.
These Terms, together with any policies or operating rules we post on this site or in respect of the Services, form the entire agreement and understanding between you and us, and govern your use of the Services. They supersede any prior or contemporaneous agreements, communications, and proposals, whether oral or written, including any earlier versions of these Terms.
Any ambiguity in the interpretation of these Terms will not be construed against the drafting party.
SECTION 21 — ASSIGNMENT
You may not delegate, transfer, or assign these Terms, or any of your rights or obligations under them, without our prior written consent. Any attempt to do so is void. We may transfer, assign, or delegate these Terms and our rights and obligations without your consent and without notice to you.
SECTION 22 — GOVERNING LAW AND VENUE
These Terms, and any separate agreement under which we provide you the Services, are governed by and construed in accordance with the laws of [STATE / COUNTRY], without regard to its conflict of laws rules.
You and [LEGAL ENTITY NAME] agree that any dispute arising out of or relating to these Terms or the Services will be brought exclusively in the courts located in [CITY, STATE / COUNTRY], and you and we each consent to the personal jurisdiction and venue of those courts.
Nothing in this section removes any right you may have under the mandatory consumer protection laws of the country where you live.
SECTION 23 — HEADINGS
Headings are included for convenience only and do not limit or otherwise affect these Terms.
SECTION 24 — CHANGES TO THESE TERMS
You can always review the most current version of these Terms on this page.
We may update, change, or replace any part of these Terms at our sole discretion by posting the updated version on our website, and it is your responsibility to check this page periodically. We will notify you of material changes as required by applicable law, and those changes will take effect on the date given in the notice. If you continue to use or access the Services after we post changes, you accept those changes.
SECTION 25 — CONTACT INFORMATION
Questions about these Terms can be sent to us at help@try-kakira.com.
[LEGAL ENTITY NAME]
[STREET ADDRESS]
[CITY, POSTAL CODE, COUNTRY]
[COMPANY REGISTRATION NUMBER, IF APPLICABLE]
help@try-kakira.com
CHANGE LOG — WHAT WAS ALTERED AND WHY
Delete this section before publishing. It exists so you can see every change rather than having to diff two long documents.
Substantive fixes
Brand naming unified. The original named Lunavyn throughout while the store is try-kakira.com. Every occurrence is now [LEGAL ENTITY NAME] operating the KAKIRA brand. You must decide whether the legal entity is Lunavyn, KAKIRA, or a holding company, and replace all instances consistently. Terms that name a company unrelated to the site they appear on are materially weaker.
Support email changed to help@try-kakira.com. The original used help@lunavyn.com on a KAKIRA store. A support address on a different domain from the store is a trust problem and, on the Terms and Refund pages specifically, undermines the document.
Governing law rewritten. The original said the Terms would be "governed by and construed in accordance with the federal and state or territorial courts in the jurisdiction where Lunavyn is headquartered." That conflates governing law with venue, names no jurisdiction, and assumes a US-established company. Section 22 now separates the two and adds a consumer-rights carve-out, which matters where the seller is established outside the customer's country. This section needs a lawyer, not a copy edit.
Effective date added. The original had none, so there was no way to establish which version a customer agreed to.
Physical address and registration number added to Section 25. The original listed only an email twice. A seller established in the EU selling to consumers has mandatory identity and address disclosure obligations, and payment processors commonly require a physical address on-site.
Section 9 preserved verbatim. Shopify's template instructs that this section not be removed or modified. Only the bracketed note to the merchant was deleted, and the entity name placeholder applied.
Link placeholders retained and labelled. The original had three bare [LINK] markers. They are now [PRIVACY POLICY URL] and [REFUND POLICY URL] so it is obvious which is which.
Editorial changes only — no change in legal effect
Sections 16, 17, and 18 are unchanged in substance. Capitalisation is retained deliberately: conspicuousness of warranty disclaimers and liability limitations is a legal requirement in several US states, so these must not be reformatted into normal case.
Elsewhere, legalese was reduced where it changed nothing: "represent and warrant" to "confirm," "shall" to "will," "in the event that" to "if," and long chains of synonyms shortened. Numbered sub-clauses, the survival list in Section 15, and the prohibited-use list in Section 13 are intact.
Not addressed — decide with counsel
No arbitration clause or class action waiver. Most US DTC brands include both. Whether you should depends on your entity location and risk appetite, and both are enforceable only if drafted carefully.
No consumer withdrawal rights language. If you sell to EU or UK consumers, statutory withdrawal rights apply and are separate from your 90-day guarantee. This document does not address them.
Section 3 resale restriction. "For your own personal or household use and not for commercial resale or export" is retained, but it is worth checking it does not conflict with any wholesale or affiliate arrangements you plan.
Consistency with the Refund Policy. Your refund page promises no product return and no reason required. Make sure the Refund Policy you link from Section 3 says the same thing — the two documents will be read together.