Terms of Service

Kiff Klay

Overview

Welcome to Kiff Klay! The terms "we," "us," and "our" refer to Kiff Klay. Kiff Klay operates this store and website, including all related information, content, features, tools, products, and services, in order to provide you, the customer, with a curated shopping experience (the "Services"). Kiff Klay creates handmade, miniature polymer clay sculptures of iconic South African foods, made into earrings, keyrings, and fridge magnets. Kiff Klay is powered by Shopify, which enables us to provide the Services to you.

The below terms and conditions, together with any policies referenced herein (these "Terms of Service" or "Terms"), describe your rights and responsibilities when you use the Services.

Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability.

By visiting, interacting with, or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms of Service or Privacy Policy, you should not use or access our Services.

Section 1 — Access and Account

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state, province, or country of residence, and you have given us your consent to allow any of your minor dependents to use the Services on devices you own, purchase, or manage.

To use the Services, including browsing our online store or purchasing any of the products we offer, you may be asked to provide certain information, such as your email address, billing, payment, and shipping information. You represent and warrant that all the information you provide is correct, current, and complete, and that you have all rights necessary to provide this information.

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

Section 2 — Our Products

Each Kiff Klay piece is handmade from polymer clay, so we make every effort to provide an accurate representation of our products in our online store. Please note that because each piece is handcrafted, there may be small variations in size, shape, and finish between items shown in photos and the piece you receive — this is part of the charm of a handmade product, not a defect. Colors or product appearance may also differ from how they appear on your screen due to your device and its settings.

Product descriptions are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue any product at any time and may limit the quantities of any products we offer.

Section 3 — Orders, Cancellations, and Returns

When you place an order, you are making an offer to purchase. Kiff Klay reserves the right to accept or decline your order for any reason at its discretion. Your order is not accepted until Kiff Klay confirms acceptance, and we must receive and process your payment before your order is accepted.

Please review your order carefully before submitting it. Because our pieces are made to order or in small handmade batches, all sales are final — we do not offer returns, exchanges, or refunds for change of mind, sizing, or similar reasons. The one exception is if your item arrives damaged or we made an error with your order (for example, sending the wrong item); in that case, please contact us at kiff.klay@gmail.com within a reasonable time of delivery, with photos where possible, and we'll make it right.

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

Section 4 — Prices and Billing

Prices, discounts, and promotions are subject to change without notice. The price charged for a product will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Unless otherwise expressly stated, posted prices do not include taxes, shipping, handling, customs, or import charges.

You agree to provide current, complete, and accurate purchase, payment, and account information for all purchases made at our store, and to promptly update this information as needed so we can complete your transactions and contact you.

You represent and warrant that (i) the payment information you provide is true, correct, and complete; (ii) you are duly authorized to use the payment method provided; (iii) charges incurred by you will be honored by your payment provider; and (iv) you will pay all charges incurred at the posted prices, including shipping and handling charges and any applicable taxes.

Section 5 — Shipping and Delivery

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

International customers are responsible for any customs duties, import taxes, or additional fees required by their country. Once we hand your order to the carrier, title and risk of loss passes to you.

Section 6 — Intellectual Property

Our Services, including but not limited to all trademarks, brands, text, displays, images, graphics, product photography, and the design, selection, and arrangement thereof, are owned by Kiff Klay, its affiliates, or licensors, and are protected by applicable copyright, trademark, and other intellectual property laws.

Every Kiff Klay piece is an original handmade design. These Terms permit you to use the Services for your 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 of the material on the Services — including our product photography and designs — without our prior written consent. All rights not expressly granted are reserved by Kiff Klay.

The Kiff Klay name, logo, and product designs are trademarks of Kiff Klay. You must not use them without our prior written permission. Shopify's name, logo, and related marks are trademarks of Shopify.

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. We provide access to such tools "as is" and "as available," without any warranties or endorsement, and we have no liability arising from your use of them. Any use of optional third-party tools is entirely at your own risk.

Section 8 — Third-Party Links

The Services may contain links to websites operated by third parties. We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites you choose to access, and we are not liable for any harm related to your use of them.

Section 9 — Relationship with Shopify

Kiff Klay 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 Kiff Klay. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and Kiff Klay, including any injury, damage, or loss resulting from purchased products. You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with Kiff Klay.

Section 10 — Privacy Policy

All personal information we collect through the Services is subject to our Privacy Policy, and certain personal information may also be subject to Shopify's Privacy Policy. 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 information about your access to and use of the Services in order to provide and improve the Services. Information you submit will be transmitted to and shared with Shopify, as well as any third parties involved in fulfilling your order (such as shipping carriers), which may be located in other countries than where you reside.

Section 11 — Feedback

If you submit any ideas, suggestions, feedback, reviews, or other content ("Feedback"), you grant us a perpetual, worldwide, royalty-free license to use, reproduce, modify, publish, distribute, and display such Feedback for any purpose, including commercial use.

You represent and warrant that you own or have the necessary rights to any Feedback you provide, and that it complies with these Terms. We are under no obligation to keep your Feedback confidential, compensate you for it, or respond to it. We may, but have no obligation to, monitor, edit, or remove Feedback that we determine to be unlawful, offensive, or otherwise objectionable.

Section 12 — Errors, Inaccuracies, and Omissions

Occasionally, there may be typographical errors, inaccuracies, or omissions on the Services relating to product descriptions, pricing, or availability. We reserve the right to correct any such errors and to change or update information, or cancel orders, at any time 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 the Services to: (a) violate any law or regulation; (b) infringe our intellectual property rights or those of others; (c) harass, abuse, or harm any person; (d) transmit false or misleading information, spam, or malicious code; (e) impersonate any other person or entity; or (f) engage in any conduct that restricts or inhibits others' use of the Services, or that we determine may harm Kiff Klay, Shopify, or other users.

You also agree not to reproduce, duplicate, copy, extract, resell, or exploit any portion of the Services, collect or track others' personal information, or use any robot, spider, scraper, or other automated means to access the Services, except as permitted under Section 14 below. We reserve the right to suspend, disable, or terminate your account at any time, without notice, if we determine you have violated these Terms.

Section 14 — Agents

This section applies if you use, allow, or cause the deployment of an "Agent" — any software or service that takes autonomous or semi-autonomous action on your behalf or at your instruction (for example, an AI shopping assistant) — to access or interact with our Services.

No Agent may access or interact with our Services unless it identifies itself and operates in strict accordance with the following: it must (i) identify itself as an Agent and disclose its name in the user agent string of any request; (ii) not conceal or obfuscate that it is an Agent, including by mimicking human behavior or bypassing measures meant to distinguish humans from computers; (iii) respond truthfully to any prompt asking whether it is a human or a computer; and (iv) not circumvent any measure intended to block, limit, or control how Agents access the Services. We may limit, including through technical measures, whether and how any Agent accesses our Services.

Section 15 — Termination

We may terminate this agreement or your access to the Services at any time, in our sole discretion, without notice, and you will remain liable for all amounts due up to and including the date of termination. Sections relating to Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, and Indemnification will continue to apply after termination.

Section 16 — Disclaimer of Warranties

The information presented through the Services is for general information purposes only. We do not warrant the accuracy, completeness, or usefulness of this information, and any reliance you place on it is at your own risk.

Except as expressly stated by Kiff Klay, the Services and all products offered through them are provided "as is" and "as available," without any warranties of any kind, either express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not guarantee that your use of the Services will be uninterrupted, timely, secure, or error-free. Some jurisdictions do not allow the disclaimer of implied warranties, so this disclaimer may not fully apply to you.

Section 17 — Limitation of Liability

To the fullest extent permitted by law, Kiff Klay and our partners, agents, contractors, and service providers, as well as Shopify and its affiliates, will not be liable for any indirect, incidental, punitive, special, or consequential damages of any kind — including lost profits, lost revenue, or lost data — arising from your use of the Services or any products purchased through them, whether based in contract, tort, or otherwise, even if advised of the possibility of such damages.

Section 18 — Indemnification

You agree to indemnify, defend, and hold harmless Kiff Klay, Shopify, and our respective affiliates, officers, and agents from any losses, damages, liabilities, or claims (including reasonable attorneys' fees) arising out of your breach of these Terms, your violation of any law or third-party right, or your use of the Services.

Section 19 — Severability

If any provision of these Terms is found to be unlawful, void, or unenforceable, that provision will be enforced to the fullest extent permitted by law, and the remainder will be severed from these Terms without affecting the validity of the rest.

Section 20 — Waiver; Entire Agreement

Our failure to enforce any right or provision of these Terms will not constitute a waiver of that right or provision. These Terms, together with any policies posted on this site, constitute the entire agreement between you and us regarding your use of the Services, superseding any prior agreements or communications.

Section 21 — Assignment

You may not delegate, transfer, or assign this agreement or any of your rights or obligations under these Terms without our prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without notice to you.

Section 22 — Governing Law

These Terms of Service shall be governed by and construed in accordance with the laws of, and subject to the exclusive jurisdiction of the courts in, the country and region where Kiff Klay is headquartered at the relevant time. You and Kiff Klay consent to venue and personal jurisdiction in such courts.

Section 23 — Headings

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

Section 24 — Changes to These Terms

You can review the most current version of these Terms of Service at any time on this page. We reserve the right, in our sole discretion, to update, change, or replace any part of these Terms by posting updates to our website. We will notify you of any material changes to these Terms where required by applicable law. Your continued use of the Services after any changes take effect constitutes your acceptance of those changes.

Section 25 — Contact Information

Questions about these Terms of Service should be sent to us at:

Kiff Klay kiff.klay@gmail.com