Kadidja Handmade Collection Terms of Use

These Terms of Use, together with Kadidja Handmade Collection’s Privacy Policy, set forth the terms and conditions (“Terms”) that apply to your access and use of the Kadidja Handmade Collection website, located at https://kadidja.nyc/ (together, the “Site”).  “Kadidja Handmade Collection” includes Kadidja Handmade Collection and its officers, directors, employees, consultants, affiliates, subsidiaries, and agents.  The Kadidja Handmade Collection services may include, but are not limited to, providing an offline and online marketplace for the sale of homemade shea products (collectively, the “Services”).

By using or accessing the Site you agree to these Terms, as updated from time to time in accordance with Section [●] below. These Terms state that any disputes between you and Kadidja Handmade Collection must be resolved in arbitration or small claims court.

• Account Security.  To use the Site, you must (i) have not previously been suspended or removed from the Site and (ii) register for and use the Site in compliance with any and all applicable laws and regulations.  

• Account Registration.  To access some features of the Site, you may be required to register for an account.  When you register for an account, we may ask you to give us certain identifying information about yourself, including but not limited to your email address and other contact information, and to create a user name and password (“Registration Information”).  When registering for and maintaining an account, you agree to provide true, accurate, current, and complete information about yourself.  You also agree not to impersonate anyone, misrepresent any affiliation with anyone else, use false information, or otherwise conceal your identity from Kadidja Handmade Collection for any purpose.  You are solely responsible for maintaining the confidentiality and security of your password and other Registration Information.  For your protection and the protection of other users, we ask you not to share your Registration Information with anyone else.  If you do share this information with anyone, we will consider their activities to have been authorized by you.  If you have reason to believe that your account is no longer secure, you must immediately notify us at kadidja@kadidja.nyc.

• Specific Requirements for Certain Services.  Your use of the Site constitutes your acknowledgment and acceptance of the following specific requirements and terms of use for certain of the Kadidja Handmade Collection services.  

• Prohibited Conduct.  You agree not to: 

1. 1. 1. Use the Site for any illegal purpose, or in violation of any local, state, national, or international law; 
      2. Violate or encourage others to violate the rights of Kadidja Handmade Collection or any third parties, including intellectual property rights; 
      3. Post, upload, or distribute any content that is unlawful, defamatory, libelous, inaccurate, or that a reasonable person could deem to be objectionable, profane, indecent, pornographic, harassing, threatening, hateful, or otherwise inappropriate; 
      4. Interfere in any way with security-related features of the Site; 
      5. Interfere with the operation or any user’s enjoyment of the Site, including by uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code, making unsolicited offers or advertisements to other users, or attempting to collect personal information about users or third parties without their consent; 
      6. Access, monitor, or copy any content or information of the Site using any robot, spider, scraper, or other automated means or any manual process for any purpose without Kadidja Handmade Collection’s express written permission;
      7. Perform any fraudulent activity, including impersonating any person or entity, claiming false affiliations, accessing the accounts of other users without permission, or falsifying your identity or any information about you, including age or date of birth; or 
      8. Sell or otherwise transfer the access granted herein. 

• Electronic Communications, Alerts, Notifications.  As part of the Site or Services, you may receive notifications, alerts, emails, or other types of electronic communications regarding the Site or Services.  You acknowledge and agree that you may receive communications from us electronically, such as via e-mail or text message or through notices and messages on our 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.  Where required by applicable law, we will seek express prior written consent for marketing text messages or calls to you.  Additionally, we may use third party vendors to communicate with you.  To the extent you have any questions, please refer to their terms of use.

• Third Party Content.  The Site may contain links to third party websites and services.  Kadidja Handmade Collection provides such links as a convenience, and does not control or endorse these websites and services.  You acknowledge and agree that Kadidja Handmade Collection has not reviewed the content, advertising, products, services, or other materials that appear on such third party websites or services, and is not responsible for the legality, accuracy, or appropriateness of any such content.  Kadidja Handmade Collection shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of any such third party websites or services.

• Intellectual Property.  You acknowledge and agree that you relinquish all ownership rights in any ideas or suggestions that you submit to Kadidja Handmade Collection through this Site.  This Site is protected by applicable copyright and other intellectual property laws, and no materials from the Site may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way without our express permission.  All trademarks and service marks on the Site belong to Kadidja Handmade Collection, except third-party trademarks or service marks, which are the property of their respective owners.  

• Pricing.  The prices displayed for products available for purchase via the Site represent the applicable retail prices and do not include taxes, shipping, or handling charges (to the extent applicable).  Any applicable taxes, shipping, or handling charges will be communicated to you before you place an order.  We will automatically charge and withhold the applicable sales tax for orders to be delivered to addresses within New York state. For orders shipped to other states, you are solely responsible for all sales taxes or other taxes.  The prices displayed on the Site are quoted in U.S. dollars.

• Product Information.  We make every effort to present the most recent, accurate, and reliable information on the Site at all times.  However, occasionally there may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, and availability.  Products displayed may be out of stock or discontinued, and prices are subject to change.  Kadidja Handmade Collection is not responsible for errors regarding price, availability, or any other matter.  Likewise, Kadidja Handmade Collection does not warrant the accuracy of customer product ratings, comments, or feedback.

• Payment.  By submitting an order through the Site, you agree to pay in advance the price of the product(s) ordered, plus any applicable taxes, shipping and handling, and/or other charges.  You may make payment by credit card or any other method of payment we may make available to you (each, a “Method of Payment”).  In order to make a payment, you must provide us with valid credit card and/or other billing information and authorize us (or any third-party payment service provider engaged by us) to charge your Method of Payment for all orders placed and accepted via the Site.  YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) OR OTHER PAYMENT METHOD(S) UTILIZED IN CONNECTION WITH ANY TRANSACTION.  By submitting such information, you grant us the right to provide such information to third parties for purposes of facilitating the completion of transactions initiated by you or on your behalf.  Verification of information may be required prior to the acknowledgment or completion of any transaction.

• History.  Your purchase history may include such details as product description, product image, units purchased, purchase price, purchase or order date, store details where the product was purchased, shipping updates, order number, or product manuals, warranties, and instructions.  All information related to your purchase history is solely owned by us at all times, but may be made available to you in our sole discretion for your review upon request.

• Shipping Policy.  Shipping Time — Most orders received will ship within five (5) business days. If items are not in stock we will always contact you regarding this and offer alternatives for the order. Orders are not processed or shipped on Saturday or Sunday.  We cannot guarantee when an order will arrive. Consider any shipping or transit time offered to you by Kadidja or other parties only as an estimate. We encourage you to order in a timely fashion to avoid delays caused by shipping or product availability.

By placing international orders the customer understands and agrees that Kadidja and www.kadidja.nyc have no control and can not be responsible for the packages after they reach the customs in the destination country. Any fees and additional charges assessed by the customs in the destination country are the responsibility of the recipient. Kadidja has no control over customs fees. Post Office can track the package only up to the point of customs in the recipient’s country. The customers need to contact their customs for any information regarding delivery time or customs fees after the package has reached the customs. When choosing First Class International as an option for shipping the customer takes full responsibility if the package gets lost or damaged during transit, USPS does not provide insurance or tracking for this class of service.

• Out-of-Stock Products.  There may be times when the product you have ordered is out-of-stock which will delay fulfilling your order. We will ship your product as it becomes available. We will keep you informed of any products that you have ordered that are out-of-stock and unavailable for immediate shipment. You may cancel your order at any time prior to shipping.

• Returns.  Please call or e-mail for Return Approval Code (RAC) BEFORE returning ANY items. No returns will be accepted without approval code. Customers pay for all return shipping.  We will gladly accept the return of products that are defective due to defects in manufacturing and/or workmanship for 30 days from the date of purchase. After the product is inspected you will receive a replacement with free shipping or refund.  If you want to return a product just because you don’t want it, you can still return certain items. However, we can give you a store credit only, no refunds, and a 10% restocking fee will apply. These returns have to be made within 14 days from purchase date. All returned items have to be unopened, unused, and in a complete original packaging.  Please call customer service at 212-673-8616 if you have any questions.

• Processing Orders.  If any problems arise with your order, or with the shipping address or Method of Payment associated with your purchase, and we are unable to resolve the problem, we may notify you via the contact information provided at the time of your purchase.  If problems arise with your order that we cannot resolve, your order may be cancelled and we may not be able to process future purchases until the problem has been resolved.

• Cancellation.  We reserve the right to cancel, modify, or suspend any order placed if we determine in our sole discretion that a user has violated these Terms, including by engaging in any fraudulent or misleading activity (for example, by using false names, multiple identities, multiple email accounts or email addresses, impersonating another person, or otherwise providing false or misleading information), or if we believe, in our sole discretion, that a user’s conduct violates applicable law or is harmful to our interests.

• Copyright and Trademark Notice.  This site is owned and operated by Kadidja Handmade Collection. Unless otherwise specified, all materials appearing on this site, including the text, site design, logos, graphics, icons, and images, as well as the selection, assembly and arrangement thereof, are the sole property of Kadidja, Copyright © 2021, ALL RIGHTS RESERVED. You may use the content of this site only for the purpose of shopping on this site or placing an order on this site and for no other purpose. No materials from this site may be copied, reproduced, modified, republished, uploaded, posted, transmitted, or distributed in any form or by any means without our prior written permission. All rights not expressly granted herein are reserved. Any unauthorized use of the materials appearing on this site may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.

• Indemnification.  You agree that you will be personally responsible for your use of the Site, and you agree to defend, indemnify, and hold harmless from and against any and all claims, liabilities, damages, losses, and expenses (including attorneys’ and accounting fees and costs), arising out of or in any way connected with (i) your access to, use of, or alleged use of the Site; (ii) your violation of the Terms or any applicable law or regulation; (iii) your violation of any third party right, including without limitation any intellectual property right, publicity, confidentiality, property, or privacy right; or (iv) any disputes or issues between you and any third party. Kadidja Handmade Collection reserves the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim.

• Reliance on Information Posted.  The information presented on or through the Site is made available solely for general information purposes.  We do not warrant the accuracy, completeness, or usefulness of this information.  Any reliance you place on such information is strictly at your own risk.  We disclaim all liability and responsibility arising from any reliance placed on such information by you or any other visitor to the Site, or by anyone who may be informed of any of the Site’s contents.

• Termination.  If you violate these Terms, your permission to use the Site will automatically terminate.  In addition, Kadidja Handmade Collection, in its sole discretion, may suspend or terminate your user account and/or suspend or terminate some or all of your access to the Site at any time, with or without notice to you.  You may terminate your account at any time by contacting Kadidja Handmade Collection at kadidja@kadidja.nyc.  After your account is terminated, information and content previously provided by you will no longer be accessible through your account, but Kadidja Handmade Collection may continue to store such information and content, and it may also be stored by third parties to whom it has been transferred through your use of the Site.

• Modification of the Terms.  Kadidja Handmade Collection reserves the right at any time to modify these Terms and to impose new or additional terms or conditions on your use of the Site.  Such modifications and additional terms and conditions will be effective immediately upon notice and incorporated into these Terms.  We will make reasonable efforts to notify you of any material changes to the Terms, including, but not limited to, by posting a notice to our website or by sending an email to any address you may have provided to us.  Your continued use of the Site following notice will be deemed acceptance of any modifications to the Terms.

• Disclaimers of Warranties.  The Site is provided “as is” and on an “as available” basis, without warranty or condition of any kind, either express or implied.  Although Kadidja Handmade Collection seeks to maintain safe, secure, accurate, and well-functioning services, we cannot guarantee the continuous operation of or access to our Site, and there may at times be inadvertent technical or factual errors or inaccuracies.  Kadidja Handmade Collection specifically (but without limitation) disclaims (i) any implied warranties of merchantability, fitness for a particular purpose, quiet enjoyment, or non-infringement; and (ii) any warranties arising out of course-of-dealing, usage, or trade.  You assume all risk for any/all damages that may result from your use of or access to the Site.  Kadidja Handmade Collection does not guarantee the accuracy of, and disclaims all liability for, any errors or other inaccuracies in the information, content, recommendations, and materials made available through the Site.  

• Limitation of Liability.  In no event will Kadidja Handmade Collection be liable to you for any incidental, special, consequential, direct, indirect, or punitive damages, whether based on warranty, contract, tort (including negligence), statute, or any other legal theory, whether or not Kadidja Handmade Collection has been informed of the possibility of such damage.  Some jurisdictions do not allow the disclaimer of warranties or limitation of liability in certain circumstances.  Accordingly, some of the above limitations may not apply to you.

• Governing Law.  These Terms are governed by the laws of the United States and the State of [Delaware], without regard to conflict of law principles.  Subject to Section [●], which provides that disputes are to be resolved through binding arbitration or small claims court, to the extent that any lawsuit or court proceeding is permitted hereunder, you and Kadidja Handmade Collection agree to submit to the exclusive personal jurisdiction of the state courts and federal courts located within Albany, New York, for the purpose of litigating any such disputes.

• Resolution by Binding Arbitration.  In the interest of resolving disputes between you and Kadidja Handmade Collection in the most expedient and cost effective manner, you and Kadidja Handmade Collection agree to resolve disputes through binding arbitration or small claims court instead of in courts of general jurisdiction (“Agreement to Arbitrate”).  Arbitration is more informal than a lawsuit in court.  Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts.  Arbitrators can award the same damages and relief that a court can award.  Any arbitration or litigation under these Terms will take place on an individual basis; class arbitrations and class actions are not permitted.  You acknowledge and agree that the arbitrator may award relief (including monetary, injunctive, and declaratory relief) only in favor of the individual party seeking relief and only to the extent necessary to provide relief necessitated by that individual party’s claim(s).  Any relief awarded cannot affect other users.

• Modification of the Site.  Kadidja Handmade Collection reserves the right to modify or discontinue, temporarily or permanently, some or all of the Site at any time without any notice or further obligation to you.  You agree that Kadidja Handmade Collection will not be liable to you or to any third party for any modification, suspension, or discontinuance of any of the Site.

• General.  

1. 1. 1. Entire Agreement.  These Terms, together with the Privacy Policy, constitute the entire and exclusive understanding and agreement between you and Kadidja Handmade Collection regarding your use of and access to the Site, and except as expressly permitted above may only be amended by a written agreement signed by authorized representatives of the parties. 
      2. No Waiver.  The failure to require performance of any provision shall not affect our right to require performance at any time thereafter, nor shall a waiver of any breach or default of the Terms constitute a waiver of any subsequent breach or default or a waiver of the provision itself.  
      3. Paragraph Headers.  Use of paragraph headers in the Terms is for convenience only and shall not have any impact on the interpretation of particular provisions.  
      4. Severability.  In the event that any part of the Terms is held to be invalid or unenforceable, the unenforceable part shall be given effect to the greatest extent possible and the remaining parts will remain in full force and effect.

• Notice to California Residents.  Under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210 in order to resolve a complaint regarding the service or to receive further information regarding use of the service.

If you have any questions regarding these Terms, contact us at: kadidja@kadidja.nyc.

Last updated: [July [●], 2024]