Terms and Conditions
Welcome to Kukka Jewelry website (“Site”). This website is offered as a service to our customers. Kukka Jewelry, its subsidiaries, and its affiliates (collectively “Kukka”) appreciate your interest in our company and your visit to this Site. The following terms and conditions (“TOC”) set forth the basic rules that govern your use of this Site.
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE. THEY GOVERN YOUR USE OF THE SITE. IF YOU DO NOT AGREE TO THE TERMS STATED BELOW, YOU MAY NOT USE THE SITE. Your use of this Site constitutes your knowledge, understanding, and acceptance of the TOC, and your agreement to be bound by the TOC. Kukka may change, edit, modify, delete, revise, or update the TOC from time to time without notice, and your use of this Site after any changes, edits, modifications, deletions, revisions, or updates are posted to the Site constitutes your agreement to comply with the posted TOC.
The trademarks, trade names trade dress, logos, and service marks (collectively, the “Trademarks”) displayed on this Site are the registered and/or unregistered Trademarks of Kukka, or such third party that may own the displayed Trademarks. Nothing contained on this Site or in the TOC serves to grant to you, by implication or otherwise, any license or right to use any Trademarks displayed on this Site without the written permission of Kukka or such third party that may own the displayed Trademarks.
Site Contents and Copyright
The text, Trademarks, logos, images, graphics, photos, video files, application functionality, or any other digital media, and their arrangement on this Site (“Content”) are all subject to patent, copyright, trademark and other intellectual property protection. Content may not be copied for commercial use or distribution, nor may Content be modified, processed, or reposted to other websites. Access to and use of this Site are solely for your purchase of Kukka products for personal use, information, education, entertainment, and communication with Kukka. You may download, copy or print the Content of this Site for your personal non-commercial use only. No right, title or interest in any of the Content of this Site is transferred to you as a result of any downloading, copying, printing or use of this Site.
User Comments and Other Submissions
While Kukka desires to receive feedback from its customers, please do not send Kukka any unsolicited creative or original concepts, ideas, materials or products, confidential or proprietary information, or the like (“Submission(s)”). Kukka is under no obligation to use or compensate you for your Submissions. Kukka will not respond to you regarding your Submissions, and your Submissions will not be returned to you and will not be treated as confidential information.
License to Use Submissions
This Site (which includes all affiliated sites, mobile apps, and social media pages) may provide you with the opportunity to submit, post, or display content, such as photos, images, text, materials, information, data, opinions, messages, notes, graphics, designs, or any other content (“UGC”). You can do this either by uploading UGC directly to the Site or by posting UGC to your social media accounts. By submitting UGC to this Site or posting UGC to your social media accounts, you represent that: (i) you own or have unencumbered, transferable rights and permissions, including, without limitation, the right of publicity, to the UGC that you submit; (ii) you have permission from all persons appearing in your UGC to grant the rights granted herein; (iii) the use of the your UGC as described herein will not violate any law or the rights of any third party; and (iv) that you are above the age of 18. If your UGC shows a child that is under the age of majority in their state of residence, you represent that you have written permission from the child’s parent or guardian to provide the photo or video image for commercial use. Submitting UGC to this Site or posting UGC to your social media accounts means that you automatically grant Kukka, and its third-party service providers (collectively, the “Licensed Parties”) a perpetual, worldwide, unlimited, irrevocable, transferable, assignable, royalty-free, fully-paid license for the Licensed Parties to use that UGC and your image, likeness, username, real name, caption, location or other identifying information in connection with your UGC, for any lawful purpose, including but not limited to any commercial advertising, in any manner or media now or later developed, including, without limitation, the right to display, reproduce, modify, translate, create derivative works, distribute, assign, commercialize, and sub-license that UGC to third parties for their lawful uses and purposes. Subject to existing laws, you waive any moral rights that you or your licensors may have in any UGC.
No Endorsement or Liability for User-Generated or Third-Party Content
Although third-party or user-generated Submissions may be posted on this Site, the posting of those Submissions does not constitute Kukka’s endorsement of those Submissions. Kukka is not responsible or liable for any claim, including, without limitation, loss or injury to real, tangible, or intellectual property, violations of personal privacy or privacy rights, actual, consequential or punitive damages, personal injury, or wrongful death in connection with third-party or user-generated Submissions.
Third-party links on this Site may direct you to third-party websites that are not affiliated with Kukka that may be located in different countries, and those websites and the products sold on those websites are likely to be subject to the originating country’s regulatory or product safety requirements. Kukka is not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions (“Third-Party Products”) made in connection with any third-party websites. Please review carefully the third party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding Third-Party Products should be directed to the third party.
Copyrights and Digital Millennium Copyright Agents
Pursuant to our rights under the Digital Millennium Copyright Act (“DMCA”), 17 U.S.C. § 512, you can contact us for copyright infringement notices for claims of infringement related to materials found on this Site. We can be reached at +1 617-401-5030, firstname.lastname@example.org, or via U.S. Mail at Kukka Jewelry, 25108 Marguerite Pkwy, Ste A – 194, Mission Viejo, California 92692 (USA).
DMCA Infringement Notification
To be effective, your infringement notification must include the following:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
Identification of the material or content that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or have access disabled, and information reasonably sufficient to permit us to locate the material;
- Information reasonably sufficient to permit us to contact the complaining party, including address, telephone number and email address where the complaining party may be contacted;
- The following statement: “I have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law”; and
- The following statement: “The information in this notification is accurate, and under penalty of perjury, I swear that I am the copyright owner or that I am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”
Upon receipt of the written notification containing the information as outlined in 1 through 6 above:
- Kukka will remove or disable access to the content that is alleged to be infringing;
- Kukka will forward the written notification to the alleged infringer; and
- Kukka will take reasonable steps to promptly notify the alleged infringer that we have removed or disabled access to the content. DMCA Infringement Counter Notification.
Pursuant to the DMCA, after the alleged infringer receives a notice of infringement from Kukka, the alleged infringer will have the opportunity to respond to Kukka with a counter notification (“Counter Notification”). To be effective, a Counter Notification must be a written communication provided to Kukka’s designated copyright agent, and must include the following:
- A physical or electronic signature of the subscriber;
- Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access disabled;
- The following statement: “I swear under penalty of perjury that it is my good faith belief that the material identified above was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled”; and
- The subscriber’s name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of the federal district court for the judicial district in which the subscriber address is located, or if the subscriber’s address is outside of the United States, or any judicial district in which Kukka may be found, and that the subscriber will accept service of process from the person who provided notification or an agent of such person.
Upon the copyright agent’s receipt of a Counter Notification containing the information as outlined in 1 through 4 above, the DMCA provides that the removed material will be restored or access re-enabled and we will comply with this requirement as required by law, provided that the designated agent has not received notice from the original complaining party that an action has been filed seeking a court order to restrain the subscriber from engaging in infringing activity relating to the material on our network.
In addition to other prohibitions as set forth in the TOC, you are prohibited from using the Site or its Content for reasons including but not limited to the following: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of this Site, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of this Site, other websites, or the Internet. This list is in no way exhaustive. We reserve the right to terminate your use of the Site for violating any prohibited uses.
Registration, Accounts and Passwords
You are responsible for the personal protection and security of any password or username that you may use to access this Site. You are responsible for all direct or indirect damages and liable for all activity conducted on this Site that can be linked or traced back to your username or password. You are obligated to immediately report a lost or stolen password or username to Kukka.
Kukka undertakes no obligation to update, amend or clarify information on this Site, including without limitation, pricing information, except as required by law. No specified update or refresh date applied on this Site should be taken to indicate that all information on the Site has been modified or updated. Please remember when reviewing information on this Site that such information may not represent the complete information available on a subject. In addition, subsequent events or changes in circumstances may cause existing information on this Site to become inaccurate or incomplete. On occasion, information on this Site may contain errors, including, without limitation, typographical errors, inaccuracies, or omissions related to product availability, special offers, product promotions, pricing information, product descriptions, or product shipping charges and transit times. Kukka reserves the right to, at any time without prior notice, correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information on the Site is inaccurate (including after you have submitted your order).
Product and Pricing Information
This Site, Content, product information, and any products sold through the Site are intended to comply with U.S. state and federal and Canadian national laws and regulations. Some products cannot be shipped to certain jurisdictions. If you are a non-U.S. or non-Canada based user, be advised that other countries may have laws, regulatory requirements, and product safety requirements that are different than those in the U.S. and Canada. If you are a Canadian user, be advised that products sold online through this website may not comply with provincial or local regulations. Kukka reserves the right, but is not obligated, to limit the sales of its products or services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice at the sole discretion of Kukka. Kukka reserves the right to discontinue any product at any time. Any offer for any product or service made on this Site is void where prohibited.
Resale of Product
This Site sells products to retail consumers only. You shall not use the Site to purchase products for re-sale or export. Kukka reserves the right to immediately bar access to the Site and terminate the account of any user who violates this provision. Kukka also may refuse to accept returns of such products.
Limitations on Liability
YOU ACKNOWLEDGE, BY YOUR USE OF THIS SITE: (1) THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK; (2) THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT THAT YOU USE IN CONNECTION WITH YOUR USE OF THIS SITE; AND (3) THAT KUKKA WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF OR INABILITY TO USE OUR SITE, INCLUDING WITHOUT LIMITATION, FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, COMPUTER VIRUS, OR NETWORK OR INTERNET FAILURE, OR INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL, COMPENSATORY OR CONSEQUENTIAL DAMAGES, LOST PROFITS AND/OR LOSS OF OR DAMAGE TO PROPERTY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF KUKKA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL KUKKA’S TOTAL LIABILITY FOR ANY CLAIMS RELATED TO THIS SITE EXCEED FIFTY ($50) DOLLARS. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, KUKKA’S, ITS AFFILIATES’, AGENTS’, LICENSORS’ AND SUPPLIERS’ DAMAGES IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
THE CONTENT PROVIDED ON THIS SITE IS PROVIDED “AS IS” AND “WITH ALL FAULTS.” KUKKA MAKES NO WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED, AS TO ITS USE, AVAILABILITY, CONTENT ACCURACY, APPROPRIATENESS OR PERFORMANCE OF THIS SITE. AS A USER, YOU ASSUME ALL RISKS AND RESPONSIBILITIES FOR ITS USE OR NON-USE, AND KUKKA MAKES NO REPRESENTATION THAT THE CONTENT APPEARING ON OR DOWNLOADED FROM THIS SITE IS COMPATIBLE WITH YOUR COMPUTER OR FREE FROM ERROR OR VIRUSES. NO KUKKA EMPLOYEE, AGENT OR REPRESENTATIVE IS AUTHORIZED TO MODIFY OR AMEND THIS WARRANTY. TO THE EXTENT ALLOWABLE BY EXISTING LAW, KUKKA DISCLAIMS ALL OTHER WARRANTIES, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THIS SITE AND ITS CONTENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR LIMITATION ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. KUKKA RESERVES THE RIGHT TO ALTER OR REMOVE SITE CONTENT, OR SUSPEND OR TERMINATE YOUR USE IN ANY WAY, AT ANY TIME, FOR ANY REASON, WITHOUT PRIOR NOTIFICATION, AND KUKKA WILL NOT BE LIABLE IN ANY WAY FOR POSSIBLE CONSEQUENCES OF THAT ACTION.
YOU AGREE TO INDEMNIFY AND HOLD KUKKA, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AND AFFILIATES HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, COSTS AND EXPENSE, INCLUDING ATTORNEY FEES, ARISING FROM OR RELATED TO YOUR USE OF THIS SITE OR BREACH OF THE TOC.
Choice of Law and Forum; Consent to Electronic Communications
These TOC will be governed and construed in accordance with the laws of California, without regard to its conflicts of law rules. For all disputes arising out of or relating to this Site or TOC, you submit to exclusive personal jurisdiction and venue of the courts located in Orange County, California.
When you visit this Site or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
No other Agreements
By agreeing to the TOC, you represent that you are at least the age of majority in your state of residence, or that you are the age of majority in your state of residence and you have given KUKKA your consent to allow any of your minor dependents to use this Site. The provisions and conditions of the TOC constitute the entire agreement between you and KUKKA related to the use of the Site and supersedes any prior agreements or understandings not incorporated in the TOC. The TOC are effective as of the Updated date. Continued use of the Site by you after the Updated date constitutes your acceptance of the TOC after the Updated date.
We accept the following payment methods: Visa, MasterCard, American Express, and Discover. Checks and money orders are not accepted. For security purposes, please do not send cash or include your credit card number in any email communication. By agreeing to the TOC, you consent that depending on the type of payment method used, the payment processing services for goods and/or services purchased on this website are provided by either Kukka Jewelry or a third party, In the event you choose to pay with credit card and the payment will be processed via a European Acquirer, these terms are an agreement between you and Kukka Jewelry at principal address, 25108 Marguerite Pkwy, Ste A – 194, Mission Viejo, California 92692 (USA).
Applicable sales tax will be charged on the products total for all domestic orders. This may include, but not limited to, federal taxes, estate taxes, district taxes, county taxes and local taxes.
Applicable sales tax, tariffs, duties and other taxes, will be charged on the products total for all international orders. These fees are not associated with Kukka and additional fees may be paid by the recipient upon delivery.
Charging Your Credit Card
We charge your credit at the moment of purchase and all purchases are final. Orders are subject to verification, acceptance and stock availability before shipping. We are not responsible for typographical errors. All returns and exchanges are subject to our Returns Policy
– Updated January 01, 2018