Terms of service

OVERVIEW

Welcome to KZZ. The terms “we”, “us” and “our” refer to KZZ. KZZ 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. KZZ is powered by Shopify, which enables us to provide the Services to you.

These Terms of Service, together with any policies referenced herein, describe your rights and responsibilities when you use our website and 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 website and 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 website or 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.

To use our website or purchase products from our store, you may be asked to provide certain information, such as your email address, billing information, payment information, and shipping information. You represent and warrant that all information you provide is accurate, current, and complete.

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

SECTION 2 - OUR PRODUCTS

We make every effort to display our products as accurately as possible. However, colors, product appearance, and details may vary depending on your device, screen settings, lighting, and other factors.

We do not guarantee that the appearance or quality of any product purchased from us will exactly match the images, descriptions, or expectations shown on our website.

Product descriptions, prices, promotions, and availability are subject to change at any time without notice. We reserve the right to discontinue any product at any time and may limit quantities offered to any person, geographic region, or jurisdiction.

SECTION 3 - ORDERS

When you place an order, you are making an offer to purchase. KZZ reserves the right to accept or decline your order for any reason at our discretion. Your order is not accepted until we confirm acceptance and process your payment.

Please review your order carefully before submitting it. We may be unable to accommodate cancellation or change requests after an order has been accepted or processed.

If we do not accept, make a change to, or cancel an order, we will attempt to notify you using the email address, billing address, shipping address, or phone number provided at the time the order was placed.

Your purchases are subject to return or exchange solely in accordance with our Refund Policy.

You represent and warrant that your purchases are for 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 shown in your order confirmation.

Unless otherwise stated, posted prices do not include taxes, shipping, handling, customs duties, or import fees.

You agree to provide current, complete, and accurate purchase, payment, billing, and account information for all purchases made through our store.

You represent and warrant that the payment information you provide is true, correct, and complete, that you are authorized to use the selected payment method, and that you will pay all charges incurred at the posted prices, including applicable shipping charges, taxes, and fees.

SECTION 5 - SHIPPING AND DELIVERY

Shipping and delivery are subject to our Shipping Policy.

Delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by shipping carriers, customs processing, incorrect addresses, weather, holidays, or events outside our control.

Once an order has been handed over to the shipping carrier, delivery timing and tracking updates may depend on the carrier and destination country or region.

SECTION 6 - RETURNS AND REFUNDS

Returns, exchanges, and refunds are handled according to our Refund Policy.

Certain items, including underwear, intimate apparel, final sale items, gift cards, custom products, special orders, or personalized items, may not be eligible for return or exchange unless required by applicable law or unless the item is defective, damaged, or incorrect.

Customers must contact us before sending any return. Items sent back without first requesting a return may not be accepted.

SECTION 7 - INTELLECTUAL PROPERTY

All content on our website, including but not limited to text, images, graphics, logos, product names, product descriptions, product designs, videos, audio, layout, and overall design, is owned by or licensed to KZZ, Base Layer LLC, or our licensors and is protected by applicable copyright, trademark, and intellectual property laws.

You may not reproduce, distribute, modify, copy, publish, display, sell, resell, or use any content from our website without prior written permission.

KZZ names, logos, product names, service names, designs, and slogans are trademarks of KZZ, Base Layer LLC, or their affiliates or licensors. Shopify names, logos, product names, service names, designs, and slogans are trademarks of Shopify. All other trademarks belong to their respective owners.

SECTION 8 - THIRD-PARTY TOOLS AND LINKS

Our website may include access to third-party tools, services, apps, links, or content. We do not control and are not responsible for third-party websites, services, content, accuracy, privacy practices, or policies.

If you access third-party links or use third-party services, you do so at your own risk. You should review the applicable terms and policies of those third parties before using their services.

SECTION 9 - RELATIONSHIP WITH SHOPIFY

KZZ is powered by Shopify, which enables us to provide our online store and checkout services. However, sales and purchases made through our store are made directly with KZZ.

By using our website and services, you acknowledge and agree that Shopify is not responsible for any aspect of sales between you and KZZ, including any injury, damage, loss, claim, or dispute related to products or services purchased from KZZ.

SECTION 10 - PRIVACY POLICY

Your use of our website and services is also governed by our Privacy Policy.

Because our store is powered by Shopify, Shopify may collect and process personal information related to your use of our website and checkout in order to provide and improve its services. Please review our Privacy Policy for more information about how personal information is collected, used, and disclosed.

SECTION 11 - CUSTOMER CONTENT AND FEEDBACK

If you submit, upload, post, email, or otherwise provide reviews, comments, photos, suggestions, feedback, ideas, or other content, you grant us a worldwide, royalty-free, perpetual, sublicensable license to use, reproduce, modify, publish, translate, distribute, and display such content in any media for business, marketing, operational, or promotional purposes.

You represent and warrant that you own or have all necessary rights to the content you submit and that your content does not violate any third-party rights, laws, or these Terms of Service.

We may, but are not obligated to, monitor, edit, or remove content that we determine to be unlawful, offensive, misleading, abusive, defamatory, obscene, infringing, or otherwise objectionable.

SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally, information on our website may contain typographical errors, inaccuracies, or omissions related to product descriptions, pricing, promotions, shipping charges, transit times, availability, or other content.

We reserve the right to correct any errors, inaccuracies, or omissions and to change, update, or cancel orders if any information is inaccurate at any time without prior notice, including after an order has been submitted.

SECTION 13 - PROHIBITED USES

You may use our website and services only for lawful purposes.

You may not use our website or services to violate any law, infringe upon intellectual property rights, transmit false or misleading information, upload malicious code, collect personal information of others, send spam, engage in fraudulent activity, interfere with security features, scrape or crawl the website without permission, impersonate another person or entity, or engage in conduct that may harm KZZ, Shopify, our customers, or any third party.

We reserve the right to suspend, disable, or terminate access to our website or services if we determine that you have violated these Terms of Service.

SECTION 14 - DISCLAIMER OF WARRANTIES

Our website, services, and products are provided on an “as is” and “as available” basis, except as expressly stated by KZZ.

We do not guarantee that your use of our website or services will be uninterrupted, timely, secure, or error-free. We do not warrant that any product, service, information, or other material purchased or obtained through our website will meet your expectations.

To the fullest extent permitted by law, we disclaim all warranties, express or implied, including implied warranties of merchantability, fitness for a particular purpose, durability, title, and non-infringement.

SECTION 15 - LIMITATION OF LIABILITY

To the fullest extent permitted by law, KZZ, Base Layer LLC, our partners, officers, employees, affiliates, agents, contractors, service providers, licensors, and Shopify and its affiliates shall not be liable for any direct, indirect, incidental, punitive, special, consequential, or similar damages arising from your use of our website, services, or products.

This includes, without limitation, lost profits, lost revenue, lost savings, loss of data, replacement costs, or similar damages, whether based in contract, tort, negligence, strict liability, or otherwise, even if advised of the possibility of such damages.

SECTION 16 - INDEMNIFICATION

You agree to indemnify, defend, and hold harmless KZZ, Base Layer LLC, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any losses, damages, liabilities, claims, or expenses, including reasonable attorneys’ fees, arising out of your breach of these Terms of Service, your violation of any law or third-party rights, or your use of our website or services.

SECTION 17 - TERMINATION

We may terminate or suspend your access to our website or services at any time, without notice, if we determine that you have violated these Terms of Service or applicable law.

The provisions of these Terms that by their nature should survive termination will continue to apply, including intellectual property, disclaimers, limitation of liability, indemnification, governing law, and contact information.

SECTION 18 - SEVERABILITY

If any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, that provision shall be enforceable to the fullest extent permitted by law, and the unenforceable portion shall be deemed severed from these Terms. The remaining provisions will remain valid and enforceable.

SECTION 19 - WAIVER AND ENTIRE AGREEMENT

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

These Terms of Service, together with our Privacy Policy, Refund Policy, Shipping Policy, and any other policies posted on our website, constitute the entire agreement between you and us regarding your use of our website and services.

SECTION 20 - ASSIGNMENT

You may not assign, transfer, or delegate your rights or obligations under these Terms without our prior written consent.

We may assign, transfer, or delegate these Terms and our rights and obligations without consent or notice.

SECTION 21 - GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide services to you shall be governed by and construed in accordance with the laws of the State of Colorado, United States, without regard to conflict of law principles.

You and KZZ consent to venue and personal jurisdiction in the state and federal courts located in Colorado.

SECTION 22 - CHANGES TO TERMS OF SERVICE

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 or changes to our website. Your continued use of or access to our website or services following the posting of any changes constitutes acceptance of those changes.

SECTION 23 - CONTACT INFORMATION

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

support@thekzz.com

Our contact information is posted below:

KZZ
Base Layer LLC
support@thekzz.com