Terms of Service

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("you," "your," or "Customer") and KawaiiCases ("we," "us," or "our"), governing your access to and use of the website located at kawaiicases.com (the "Site") and all products and services offered through it (collectively, the "Services").

By accessing the Site, creating an account, or placing an order, you acknowledge that you have read, understood, and agree to be bound by these Terms in their entirety, together with our Privacy Policy and Refund Policy, each of which is incorporated herein by reference. If you do not agree to these Terms, you must immediately discontinue use of the Site and Services.

These Terms apply to all visitors, registered users, and customers, regardless of jurisdiction.

2. Modifications to Terms

We reserve the right to amend these Terms at any time at our sole discretion. When we make material changes, we will update the "Last Updated" date at the top of this page and, where appropriate, provide additional notice (such as an on-site notification or email to registered users). Changes take effect upon posting unless otherwise stated.

Your continued use of the Site or Services following the posting of amended Terms constitutes your acceptance of those changes. If you do not agree to the amended Terms, you must discontinue use of the Site and Services. We encourage you to review these Terms periodically.

3. Eligibility

To access or use the Services, you must:

Be at least eighteen (18) years of age, or the age of majority in your jurisdiction, whichever is greater;
Have the legal capacity to enter into a binding contract under the laws of your jurisdiction; and
Not be prohibited from using the Services under applicable law.

By placing an order or creating an account, you represent and warrant that you satisfy the eligibility requirements above. We reserve the right to refuse service to anyone for any reason at any time, to the extent permitted by law.

4. Account Registration and Security

a. Account Creation

Certain features of the Site, including order tracking and design saving, require you to register for an account. When registering, you agree to provide accurate, current, and complete information and to maintain and promptly update that information as necessary.

b. Account Security

You are solely responsible for maintaining the confidentiality of your account credentials, including your password. You agree to notify us immediately using the contact page if you become aware of any unauthorized access to or use of your account. We will not be liable for any loss or damage arising from your failure to comply with this obligation.

c. Account Responsibility

You are responsible for all activity that occurs under your account, whether or not authorized by you, except to the extent caused by our own negligence or willful misconduct. You may not share your account credentials with any third party or transfer your account to another person.

5. Products, Descriptions, and Pricing

a. Handcrafted Nature of Products

All KawaiiCases products are handcrafted to order. As a result, each product is unique and may exhibit minor variations in design, color placement, texture, and finish from the product images displayed on the Site. These variations are inherent to the handcrafted process and do not constitute a defect or grounds for return, except where the product materially deviates from the order specifications you provided.

Colors displayed on the Site may vary depending on your device's display settings, monitor calibration, and screen type. We make reasonable efforts to represent products accurately but cannot guarantee that the color you see on screen exactly matches the physical product.

b. Product Authenticity — Licensed and Authorized Merchandise

Certain products sold on our Site, including figurines and licensed character merchandise, are sourced exclusively from authorized dealers and licensed distributors. All such products are genuine, officially licensed items. We do not sell counterfeit, grey-market, or unauthorized reproductions. If you have questions about the authenticity or licensing of a specific product, please contact us using the contact page

c. Pricing and Availability

All prices are displayed in United States Dollars (USD) unless otherwise indicated. Prices are subject to change without notice. We are not responsible for typographical or pricing errors, and we reserve the right to correct any such errors and, if necessary, cancel or decline orders placed at an incorrect price, with full refund of any amounts paid.

Product availability is not guaranteed. We reserve the right to limit quantities of any product and to discontinue products at any time without prior notice.

d. Taxes and Duties

Prices displayed on the Site do not include applicable sales taxes, value-added taxes (VAT), customs duties, or import fees unless expressly stated. You are solely responsible for all taxes and duties levied by your country or jurisdiction in connection with your purchase. For customers in the European Union and United Kingdom, applicable VAT will be calculated and displayed at checkout where required.

6. Orders and Payment

a. Order Acceptance

Placement of an order constitutes an offer to purchase, not a binding contract. All orders are subject to acceptance and product availability. We reserve the right to refuse or cancel any order at any time for reasons including, without limitation, product unavailability, pricing errors, suspected fraud, or violation of these Terms. If we cancel an order after payment has been received, we will issue a full refund to your original payment method.

You will receive an order confirmation via email once your order has been accepted. Please retain this confirmation for your records.

b. Payment

Payment is due in full at the time of order placement. We accept the following payment methods:

Credit and debit cards (Visa, Mastercard, American Express)
PayPal
Apple Pay
Google Pay
Shop Pay

All payment transactions are processed through Stripe, Inc., a PCI DSS-compliant payment processor. We do not store, process, or have access to your complete payment card information. All transactions are encrypted using Transport Layer Security (TLS). By submitting your payment information, you authorize us to charge your selected payment method for the total amount of your order, including any applicable taxes.

c. Order Cancellation

Orders may be canceled by contacting us using the contact page within twenty-four (24) hours of placement. Because our products are handcrafted to order, we may be unable to accommodate cancellation requests received after production has begun. Custom design orders cannot be canceled once design work has commenced.

7. Custom Design Tool

Our Site offers a custom case design tool that allows you to submit personalized design specifications, including images, colors, and layout preferences, for production of a custom product.

By submitting a custom design, you represent and warrant that: (a) you own all rights to any images, artwork, or other content included in your design submission, or you have obtained all necessary licenses and permissions to use such content; (b) your design submission does not infringe the intellectual property rights, privacy rights, or any other rights of any third party; and (c) your submission does not include content that is unlawful, obscene, defamatory, or otherwise objectionable.

We reserve the right to refuse production of any custom design that, in our sole judgment, infringes third-party rights, violates applicable law, or is inconsistent with our community standards.

Custom-designed products are non-refundable once production has commenced, except where the finished product materially deviates from the approved design specifications. See Section 8 and our Refund Policy for further details.

8. Processing, Shipping, and Risk of Loss

a. Processing Times

All products are handcrafted to order. Standard processing time is approximately two (2) to three (3) weeks from the date of order acceptance. Processing times may be extended during peak seasons or periods of high demand. We will notify you of any material delay.

b. Shipping

Shipping timelines and carrier options are set out on our Shipping Information page, which is incorporated herein by reference. Estimated delivery dates are provided for informational purposes only and do not constitute a guarantee of delivery by a specific date. We are not responsible for carrier delays, weather events, or other circumstances beyond our reasonable control.

c. International Shipping and Customs

We ship to international destinations. For orders shipped outside the United States, you are solely responsible for compliance with all applicable laws and regulations of the destination country, including those governing import and customs clearance. Any customs duties, import taxes, brokerage fees, or similar charges imposed by the destination country are your sole responsibility and are not included in our stated prices or shipping fees. We are not responsible for delays resulting from customs clearance procedures.

d. Risk of Loss

Risk of loss and title to products transfer to you upon delivery of your order to the shipping carrier. If a shipment is lost or damaged in transit, please contact us and we will work with you and the carrier to investigate and, where appropriate, arrange a replacement or refund.

9. Returns and Refunds

Our return and refund practices are governed by our Refund Policy, which is incorporated into these Terms by reference. The following general terms apply:

Standard products: Unused, unaltered items may be returned within thirty (30) days of delivery for a refund to the original payment method. Return shipping costs are the responsibility of the customer unless the return is due to our error or a product defect.
Custom-designed products: All custom orders are final sale and are not eligible for return or refund once production has commenced, except where the finished product materially deviates from your approved design specifications or is defective.
Refund processing: Approved refunds will be processed within five (5) to seven (7) business days of our receipt of the returned item.

Notice to EU and UK Consumers: Consumers located in the European Economic Area or the United Kingdom may have statutory rights under applicable consumer protection law, including a right of withdrawal of fourteen (14) days from the date of receipt of goods (with limited exceptions for personalized or custom-made goods), that cannot be excluded or limited by these Terms. Nothing in these Terms is intended to, nor shall, limit or exclude any statutory rights to which you may be entitled under the laws of your jurisdiction.

10. Intellectual Property

a. Our Content

All content appearing on or through the Site, including but not limited to product designs, photographs, graphics, text, logos, trademarks, trade dress, software, and the overall look and feel of the Site (collectively, "KawaiiCases Content"), is owned by or licensed to KawaiiCases and is protected by applicable copyright, trademark, and other intellectual property laws.

You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Site and KawaiiCases Content solely for personal, non-commercial purposes in connection with browsing the Site and purchasing products. No other license is granted, express or implied.

You may not, without our prior written consent:

Copy, reproduce, republish, upload, transmit, or distribute any KawaiiCases Content;
Modify, adapt, translate, or create derivative works based on KawaiiCases Content;
Use any KawaiiCases Content for commercial purposes;
Remove or alter any copyright, trademark, or other proprietary notices; or
Claim any KawaiiCases Content as your own.

b. Third-Party Intellectual Property

Certain products sold on our Site incorporate characters, artwork, or designs owned by third-party licensors. All rights in such third-party intellectual property are retained by their respective owners. Your purchase of a product does not grant you any license to the underlying intellectual property beyond personal, non-commercial use.

c. User Content License

If you submit content to us, including reviews, photographs, testimonials, or social media tags (collectively, "User Content"), you grant KawaiiCases a worldwide, royalty-free, non-exclusive, perpetual, irrevocable license to use, reproduce, display, distribute, and adapt such User Content across any media channels for the purpose of operating, promoting, and improving our Services.

You represent and warrant that you own or have the necessary rights to submit User Content and that it does not infringe the rights of any third party. We reserve the right to remove User Content that violates these Terms or that we find objectionable in our sole discretion, without notice.

11. Prohibited Conduct

You agree not to use the Site or Services to:

Engage in fraudulent activity, including submitting false orders or chargebacks;
Transmit malicious code, viruses, or other harmful software;
Attempt to gain unauthorized access to our systems, accounts, or data;
Interfere with or disrupt the operation of the Site or its infrastructure;
Scrape, crawl, or systematically extract data from the Site without our prior written consent;
Engage in any activity that violates applicable local, national, or international law or regulation; or
Harass, abuse, or harm any other person.

We reserve the right to investigate suspected violations and to take appropriate legal action, including suspension or termination of access.

12. Disclaimer of Warranties

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SITE AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. WE EXPRESSLY DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

We do not warrant that: (a) the Site will be available uninterrupted or error-free; (b) defects will be corrected; (c) the Site or servers are free from viruses or harmful components; or (d) product descriptions or other content are completely accurate, complete, or current.

Notice to Consumers in Certain Jurisdictions: Some jurisdictions do not permit the exclusion of implied warranties. If you are a consumer in such a jurisdiction, some or all of the above exclusions may not apply to you, and you may have additional statutory rights that cannot be excluded by these Terms.

13. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, KAWAIICASES, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND SUPPLIERS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SITE OR SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ANY CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT PAID BY YOU TO KAWAIICASES IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM; OR (B) ONE HUNDRED UNITED STATES DOLLARS (USD $100.00).

Notice to EU and UK Consumers: Nothing in these Terms limits or excludes our liability for death or personal injury caused by our negligence, fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited under applicable consumer protection law. If you are a consumer in the EEA or UK, these limitations do not affect your statutory rights.

14. Indemnification

You agree to defend, indemnify, and hold harmless KawaiiCases and its officers, directors, employees, agents, successors, and assigns from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising out of or related to: (a) your use of the Site or Services; (b) your breach of these Terms; (c) your violation of any applicable law or regulation; (d) your violation of any third-party rights, including intellectual property rights; or (e) any content you submit, post, or transmit through the Site.

We reserve the right to assume exclusive control of the defense of any matter for which you are required to indemnify us, in which case you agree to cooperate with our defense of such claim.

15. Third-Party Links and Services

The Site may contain links to third-party websites, services, or resources that are not owned or controlled by KawaiiCases. We provide these links solely as a convenience and do not endorse, and are not responsible for, the content, privacy practices, products, or services of any third-party site. You access third-party sites at your own risk and subject to the terms and conditions applicable to those sites.

16. Force Majeure

We will not be liable for any failure or delay in performance of our obligations under these Terms to the extent that such failure or delay is caused by circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, civil unrest, government action, labor disputes, supply chain disruptions, pandemics, or failures of third-party infrastructure or services. In the event of a force majeure event, we will notify you as soon as reasonably practicable and take reasonable steps to resume performance.

17. Dispute Resolution

a. Informal Resolution

Before initiating formal legal proceedings, you agree to contact us at hello@kawaiicases.com and provide a written description of the dispute, the relief sought, and your contact information. We will attempt to resolve the dispute informally within thirty (30) days of receipt. This informal resolution step is a condition precedent to arbitration or litigation.

b. Binding Arbitration (US Customers)

For customers located in the United States, any dispute, claim, or controversy arising out of or relating to these Terms or the Services that cannot be resolved informally shall be submitted to final and binding arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules, which are available at www.adr.org. The arbitration shall be conducted in Los Angeles County, California, or by telephone or video conference at your election. The arbitrator's award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

c. Class Action Waiver (US Customers)

TO THE EXTENT PERMITTED BY LAW, YOU AND KAWAIICASES EACH WAIVE ANY RIGHT TO BRING CLAIMS AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE CLAIMS OF MORE THAN ONE PERSON AND MAY NOT PRESIDES OVER ANY FORM OF CLASS PROCEEDING.

d. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the State of California, United States, without regard to its conflict of law principles. For any claims not subject to arbitration, you consent to the exclusive jurisdiction of the state and federal courts located in Los Angeles County, California.

e. EU and UK Consumers — Important Notice

If you are a consumer resident in the European Economic Area or the United Kingdom, the mandatory arbitration and class action waiver provisions in Sections 17(b) and 17(c) do not apply to you. You retain the right to bring claims before the courts of your country of residence and to benefit from the mandatory consumer protection provisions of the law of your country. EU residents may also have access to the European Commission's Online Dispute Resolution platform at https://ec.europa.eu/consumers/odr. UK residents may seek assistance from the UK's Alternative Dispute Resolution service for consumer disputes.

18. Termination

We reserve the right to suspend or permanently terminate your access to the Site and Services, with or without notice, for any of the following reasons: (a) actual or suspected violation of these Terms; (b) fraudulent, abusive, or unlawful activity; (c) conduct that we determine, in our sole discretion, is harmful to other users, us, or third parties; or (d) any other reason at our discretion, to the extent permitted by applicable law.

Upon termination: (i) your right to use the Site and Services ceases immediately; (ii) we may cancel any pending or unfulfilled orders (with a full refund of amounts paid for unfulfilled orders); and (iii) provisions of these Terms that by their nature should survive termination — including, without limitation, Sections 10, 12, 13, 14, and 17 — shall survive.

19. Severability

If any provision of these Terms is held by a court or arbitrator of competent jurisdiction to be invalid, illegal, or unenforceable, that provision shall be modified to the minimum extent necessary to make it enforceable, or if it cannot be modified, severed from these Terms, and the remaining provisions shall continue in full force and effect.

20. Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by an authorized representative of KawaiiCases.

21. Entire Agreement

These Terms, together with our Privacy Policy and Refund Policy (each incorporated herein by reference), constitute the entire agreement between you and KawaiiCases with respect to the subject matter hereof and supersede all prior and contemporaneous agreements, representations, and understandings, whether written or oral, relating to such subject matter.

22. Contact Information

For questions, concerns, or notices under these Terms, please contact us using the contact page.

EDITORIAL NOTES (Internal — Remove Before Publishing)

Sections Added

Section 5(b) — Product Authenticity: Addresses your question about the figurines directly. The ToS is the right home for this — it's a seller representation, not a privacy disclosure. The language confirms all licensed merchandise is sourced from authorized dealers only, distinguishes you from counterfeit sellers, and gives customers a contact channel for authenticity questions.

Section 7 — Custom Design Tool: The original had no dedicated custom design section beyond a single sentence in returns. A custom design tool creates significant legal exposure — IP infringement risk (customers uploading artwork they don't own), obscene/defamatory content risk, and refund ambiguity. This section addresses all three with clear representations required from the customer.

Section 11 — Prohibited Conduct: Expanded from the vague original bullets ("fraudulent purposes," "harmful code") into a proper enumerated list. Added scraping/crawling prohibition, which is commercially important for an e-commerce site.

Section 16 — Force Majeure: Entirely absent from the original. This is standard in any commercial ToS and directly relevant to you — handcrafted goods are subject to supply chain delays, material shortages, and pandemic-style disruptions. Without this clause you have no contractual protection for delays outside your control.

Section 17(b) — AAA Arbitration Reference: The original mentioned "binding arbitration" without naming the arbitral body, its rules, or the location of arbitration. This is legally deficient — a court could strike an unspecific arbitration clause. Named AAA with a reference to its Consumer Arbitration Rules, which are specifically designed for B2C disputes and include consumer cost protections.

Section 17(e) — EU/UK Dispute Carve-Out: Critical addition. Mandatory arbitration and class action waivers are not enforceable against EU or UK consumers. Including this carve-out explicitly protects you — it shows awareness of the distinction and prevents a court from striking your entire arbitration clause on the basis that it applies to consumers it legally cannot bind.

Section 20 — Waiver: Standard clause, absent from the original. Without it, a pattern of not enforcing a term could be argued to constitute a waiver of that term entirely.

Sections Materially Strengthened

Section 5(d) — Taxes and Duties: The original said only "prices include applicable taxes where required." For an international seller this is dangerously incomplete. Added explicit statement that international customers are responsible for customs duties, and noted that EU/UK VAT will be calculated at checkout — which Stripe handles automatically, but the ToS needs to reflect.

Section 9 — Returns/EU Consumer Rights Notice: This is one of the most important additions for international compliance. EU and UK consumers have a statutory 14-day right of withdrawal under the Consumer Rights Directive and the Consumer Contracts Regulations respectively. You cannot contract out of this right. The carve-out for custom/personalized goods is also statutory — custom orders are exempt from the cooling-off period — which actually aligns with your existing policy. Added explicit notice so EU/UK customers understand their statutory rights are preserved.

Section 12 — Warranty Disclaimer (EU/UK Notice): Same principle — implied warranties cannot be excluded for EU/UK consumers under their consumer law. Added the carve-out notice to protect you from the disclaimer being struck down entirely in those jurisdictions.

Section 13 — Limitation of Liability (EU/UK Notice): The 12-month cap and consequential damages exclusion are standard for US B2C contracts but unenforceable against EU/UK consumers for statutory rights. Added the notice explicitly preserving those rights — this protects you legally by showing the limitation was not intended to override statutory protections.

Section 17(d) — Governing Law: The original said "laws of California" and "Los Angeles County courts" without any carve-out. For international customers this creates a potential conflict with mandatory consumer protection rules. The California governing law is preserved for US customers; the EU/UK carve-out in Section 17(e) handles the rest.

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