Terms & Conditions
Terms and Conditions
December 2, 2021
Kiska Studios Inc., (referred to as “Kiska”), is an online multi-designer retailer of brands from around India offering various clothing items and accessories ranging from blouses, dresses, jumpsuits, purses and more (collectively referred to as the “Product(s)”).
These Terms and Conditions (“Terms”), describe the specifications on which any registered customer or browser (referred to as “you”, “your”, or a “Customer”) of Kiska may access, register, browse, use, or make a purchase on Kiska’s website, https://kiskastudios.com/ (the “Website”). Any use of the Website is conditioned upon your acceptance of all the policies and notices stated herein.
YOU MAY NOT USE OUR WEBSITE IF YOU (A) DO NOT AGREE TO THESE TERMS; OR (B) ARE PROHIBITED FROM ACCESSING OR USING THE WEBSITE OR ANY ITS CONTENTS OR PURCHASING ANY PRODUCTS AVAILABLE BY APPLICABLE LAW.
BY USING OUR WEBSITE AND/OR PURCHASING A PRODUCT YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO ALL OF THE TERMS HEREIN, THEN YOU MAY NOT USE THE WEBSITE OR PURCHASE A PRODUCT.
Any new features or tools which are added to the current Website shall also be subject to the Terms outlined herein. You can review the most current version of the Terms at any time on this page. Kiska reserves the right to update, change, or replace any part of these Terms at any time by posting updates and/or changes at our sole discretion. It is your responsibility to check this page periodically for changes. Your continued use of, or access to, our Website following the posting of any changes to these Terms constitutes your acceptance of those changes.
- Registration and Customer Account
In order to purchase any Products, you must first register and create an account (“Customer Account”) on our Website which is operated by Shopify. When creating your Customer Account, you will need to provide your first and last name, payment information, your shipping address, and a valid e-mail address (together, your “Personal Information”).
You represent and warrant that the Personal Information you provide to Kiska upon registration and at all other times will be true, accurate, current, and complete. You will ensure that your e-mail and shipping address is always kept up to date. Kiska is not responsible for any errors made by you when creating your Customer Account.
You shall be responsible for maintaining the secrecy and confidentiality of your password and for all activities that transpire on or with your Customer Account. You are responsible for any act of any individual that accesses your Customer Account that would be deemed a violation of these Terms. You agree to notify Kiska immediately if you notice any unauthorized access or use of your Customer Account, password, or any other breach of security. Kiska shall not be held liable for any losses and/or damages arising from any failure to comply with this clause.
You may request to have your Customer Account deleted at any time.
- Prices and Payments
The price charged for any Product will be the price listed on the Website or otherwise in effect at the time the order is placed and will be set out in your order confirmation (the “Purchase Price”). Customers may also be subject to additional charges, which may include, but are not limited to currency fees, exchange fees, VAT, and/or local taxes. All such fees shall be added to the Customer’s Product total.
Kiska may offer promotions, discounts, or sales through the Website or, in its sole discretion, to certain Customers (“Promotion(s)”). Promotions are subject to change without notice. Promotions may affect pricing and may be governed by terms and conditions separate from these Terms. If there is a conflict between the terms and conditions for a Promotion and these Terms, the terms and conditions for the Promotion will govern that specific circumstance.
Kiska accepts electronic payments through Apple Pay, Shopify, Amazon Pay, and PayPal, as well as through a valid credit or debit card (collectively the “Payment Method”).
Generally, Kiska will not ship your order unless your Payment Method has been approved. However, if you do not pay an amount owed when due or your Payment Method continuously fails over a period of time, Kiska may initiate collection procedures for any Products that were delivered to you or that you received. You agree to pay our collection costs, including without limitation, any reasonable attorney’s fees.
- Returns, Exchanges, and Refunds
For information about returns, exchanges, and/or cancellations, please visit our Return Center.
Kiska may offer you a full or partial refund (minus shipping costs) in cash or store credit. In order to receive a refund, we ask that Products be unworn, unwashed, in their original packaging, with the original tags and security tags attached, and post-marked for return within 15 days of receipt. We have the right to reject any Products that do not follow these guidelines.
In order to process a refund, you must first contact Kiska. If you file a dispute through your electronic payment method (PayPal, Shopify, or your credit card company) (“Payment Method”) before contacting Kiska, we reserve the right to dispute the refund and initiate collection procedures which may include attorney’s fees. Under these circumstances, Kiska’s reserves the right to share your Personal Information with Payment Method to verify any information regarding the disputed purchase.
Refunds will not be processed until your Product is received. Once your return is received, please allow 2-3 business days for us to inspect and process the return. Once your return is processed, you will receive an e-mail notification confirming your refund. Please allow 5-10 business days for the refund to show on your original method of payment or for store credit. You are responsible for keeping the tracking information on your returned package.
All shipping costs are non-refundable and we charge a flat restock fee based on the Product being returned which shall be deducted from the amount returned to you.
All items marked “final sale” may not be returned or exchanged. Kiska does not currently offer price adjustments at this time.
- Customer Satisfaction
If you are dissatisfied with a Product, please contact email@example.com to receive assistance from our team. If you contact us, we will do our best to help resolve the issue within a 48–72-hour period.
Please review these Terms and the full FAQS located on our Website prior to e-mailing our team as your question may have already been answered.
- General Conditions of Use
Minors may use our Website under the supervision of their parents or legal guardians who agree to be bound by these Terms on their behalf. If you are a parent or legal guardian agreeing to these Terms on behalf of a minor, then you are fully responsible for their use of this Website, including all liabilities.
Communications. You consent to receiving communications from Kiska, including but not limited to, e-mails, text messages, or calls regarding updates to our Website, marketing, promotions, advertisements, and any other relevant information.
Right of Refusal. Kiska reserves the right to refuse access to our Website and the sale of our Products to anyone, for any reason, including but not limited to, any breach or violation of these Terms, at any time at its own discretion. Kiska reserves the right, but does not have any obligation, to pre-screen, refuse, and/or delete any content or Customer Account.
Representations and Warranties. You represent and warrant that you are using the Website and Products for your personal use only, and not for resale, export, re-use or any other similarly unauthorized use.
- Shipping and Risk of Loss
Shipping Information. You must provide us with accurate shipping information and keep your Customer Account up to date, so that we can deliver Products to you on a timely basis. If you provide us with a shipping address that is invalid or where you cannot securely accept Products upon delivery you are solely responsible for any resulting loss, theft, or damage to your purchased Product(s). Following delivery to your designated address you will be solely responsible for the condition of each Product until you return such Product (including while the Product(s) are in transit). We reserve the right to reject, cancel, or prohibit any sales of Products for any reason.
Risk of Loss. All Kiska’s Products are inspected prior to being delivered to Customers. Risk of loss or damages of any kind to Products shall pass to Customer upon being delivered to a postal carrier such as FedEx SmartPost, USPS, or UPS. Kiska does not accept any liability for defects arising from processing after delivery.
Couriers. Kiska may from time to time engage third-party couriers (“Couriers”) to facilitate the delivery of Products. Couriers are independent contractors and not employees, partners, or agents of Kiska. Kiska shall not be liable or responsible for any delivery services provided by Couriers, or any errors or misrepresentations made by any of them. If you opt to have your Product(s) delivered by Courier, you agree to bear the responsibility for receipt of Product(s) shipped to the delivery location specified at time of check out. Kiska highly recommends that you provide a secure location where you can physically receive Product(s) (including from a Courier), and Kiska does not bear liability for any Product(s) left unattended, by you, a Courier, or otherwise. You hereby acknowledge that Kiska does not supervise, direct, control, or monitor a Courier’s provision of services. Any interactions or disputes between you and a Courier are solely between you and that Courier. Kiska and its licensors shall have no liability, obligation or responsibility for any interaction between you and any Courier.
Export Law. You are responsible for complying with United States export controls and for any violation of such controls, including any United States embargoes or other federal rules and regulations restricting exports. You represent, warrant and covenant that you are not (a) located in, or a resident or a national of, any country subject to a U.S. government embargo or other restriction, or that has been designated by the U.S. government as a “terrorist supporting” country; or (b) on any of the U.S. government lists of restricted end users.
If you dispute a charge after your order has been shipped, then the package in transit must be redirected back to Kiska without first being opened, worn, washed, unpackaged, or otherwise tampered with, and the original tags must be attached.
- Wireless and Location-Based Features; Social Media Plug-ins
Data Sharing. By using this Website, you affirmatively consent that Kiska may use and share your video and image viewing data with third parties until consent is withdrawn. Kiska may track your use for its research, analytics, or ad serving purposes. It may share the above information with companies that display ads to you, collect and analyze information, or to social networks.
Wireless Features. Our Website may offer certain features that are available to you via your wireless device. These features may include the ability to access our Website, upload content, receive messages, and download applications to your wireless device (collectively, “Wireless Features”). Your carrier may prohibit or restrict certain Wireless Features and certain Wireless Features may be incompatible with your carrier or wireless device. In addition, your carrier may charge you for standard messaging, data, and other fees to participate in Wireless Features. We have no responsibility or liability for any fees or charges you incur when using Wireless Features.
In addition, where the Website collects precise information about the location of your device, it may be used to provide requested location services, and it may be used, amongst other uses, to allow tagging or to check-in.
Your browser features should allow for you to disable the location-based features or manage preferences related to them. The location-based services offered in connection with our Website are for individual use only and should not be used or relied on as an emergency locator system, used while driving or operating vehicles, or used in connection with any hazardous environments requiring fail-safe performance, or any other situation in which the failure or inaccuracy of use of the location-based services could lead directly to death, personal injury, or severe physical or property damage. The location-based services are not suited or intended for family finding purposes, fleet tracking, or any other type of business or enterprise use.
Social Media Plug-Ins. Social media plug-ins of social networks such as Facebook, Twitter, Instagram, and Google (among others) may be integrated on our Website. If you choose to click on one of these buttons or links on our Website, your browser will connect directly to the servers of the relevant social network. The social network directly transmits the content of the plugin to your browser. If you are registered on the relevant social network and logged into your respective Customer Account, the social network receives the information that the web page was used by you. If you are not registered with the social network or you are logged out before you use our Website, there is the possibility that at least your IP address will be submitted to and stored by the social network. If you interact with us through a social media Website, plug-in, etc., then you may be enabling us to have ongoing access to certain information from your social network profile (such as your name, social networking id page, e-mail address, photo, gender, location, the people/Websites you follow, etc.).
- Termination or Suspension
You agree that Kiska may, without any prior written notice, immediately suspend, terminate, discontinue and/or limit your Customer Account and access to its Website and the Products at its sole discretion, for any reason, including but not limited to:
- Any breach or violation of these Terms or any other incorporated agreement, regulation or guideline;
- By way of request from law enforcement or any other governmental agencies;
- The discontinuance, alteration, copying, or material modification to the Website and/or Products, or any part thereof;
- Any engagement by you in any fraudulent or illegal activities;
- The selling, attempting to sell, or marketing of any Product as your own for financial gain; and/or
- The non-payment of any associated fees that may be owed by you in connection with your purchases.
Furthermore, you herein agree that any and all terminations, suspensions, discontinuances, and or limitations of access for cause shall be made at our sole discretion and that we shall not be liable to you or any other third party with regards to the termination of your Customer Account, associated e-mail address, or access to our Website and/or Products.
You may not use the Website for any illegal or unauthorized purpose, nor may you violate any laws, rules, or regulations in your jurisdiction. You agree not to make use of our Website or Products for the purpose of any harmful or deceitful conduct, including, but not limited to: (a) causing harm to minors in any manner whatsoever; or (b) impersonating any individual or entity, or otherwise misrepresenting any affiliation with an individual or entity. A breach or violation of any of the Terms will result in an immediate termination as a Customer.
- Intellectual Property & Proprietary Rights
Kiska owns, solely and exclusively, all right, title, and interest in and to all “Intellectual Property” which is defined as:
- the Website, including all content, software code, data, the look, feel, design and organization of the Website, and the compilation of the content, code, data, and materials on the Website including any intellectual property and/or proprietary rights;
- the Products, including any designs, materials, and concepts uniquely created by designers for and by Kiska; and
- Kiska’s business model, including the online store process, shipping, customer base, methodology, pricing, and any other relevant information.
Kiska reserves all rights in and to the Intellectual Property not granted expressly in these Terms. You acknowledge and agree that you will not sell, distribute, transmit, broadcast, and/or create any plagiaristic works which are based on Kiska’s Intellectual Property, in whole or in part.
For clarity, Kiska has granted you a personal, non-transferable, non-exclusive right and license to make use of its Intellectual Property as long as you do not, and shall not, allow any third party to duplicate, create or plagiarize work from, reverse engineer, or otherwise make an attempt to sublicense, sell, assign, grant a security interest in and/or otherwise transfer any such right in the Website.
Your Content. If you post, upload, or make available any, information, data, text, files, communications, or other materials regarding our Website and your use or purchase of the Products on any other website, blog, article, or social media website (“Your Content”), you hereby grant Kiska a perpetual, non-exclusive, irrevocable, royalty-free, sub-licensable, transferable (in whole or part), worldwide license to use, reproduce, transmit, display, exhibit, distribute, index, comment on, modify, create derivative works based upon, perform, or otherwise exploit Your Content including your name, image, voice, likeness and/or other biographical information or material in connection with Your Content, in whole or in part, in all media formats and distribution methods now known or hereafter devised in connection with the Website, including but not limited to advertising, promoting, and marketing the Website or Products, all without further notice to you, with or without attribution, without limitation as to frequency, and without the requirement of any permission from or payment to you or to any other person or entity. You waive any right to inspect or approve Your Content or any use of Your Content. You waive all moral rights to Your Content, which may be available to you in any part of the world and confirm that no such rights have been asserted. None of Your Content will be subject to any obligation on our part, whether of confidentiality, attribution or otherwise, and we will not be liable for any use or disclosure of any Your Content.
- Disclaimer of Warranties
YOU AGREE TO USE THE WEBSITE AND PRODUCTS AT YOUR SOLE RISK. ALL PRODUCTS OFFERED ON THIS WEBSITE ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY: (A) WARRANTY OF MERCHANTABILITY; (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; OR (C) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE.
- Limitation of Liability
IN NO EVENT SHALL KISKA BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL OR PUNITIVE DAMAGES WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE AND WHETHER OR KISKA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE.
OUR SOLE AND ENTIRE MAXIMUM LIABILITY, FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO YOUR COST PAID FOR A PRODUCT.
If a controversy or claim should arise, the parties will first attempt in good faith to resolve such controversy or claim by negotiation. If the matter has not been resolved within thirty (30) days by negotiation, the parties will attempt in good faith to resolve the controversy or claim in accordance with mediation, with mutually agreeable rules. If the matter has not been resolved by mediation within sixty (60) days of the commencement of mediation, or if either party will not participate in mediation, then the controversy shall be settled by binding arbitration administered by the American Arbitration Association in accordance with the provisions of its Commercial Arbitration Rules and supplementary procedures for consumer related disputes of the American Arbitration Association (the “AAA”), excluding rules or procedures governing or permitting class actions. The written decision of the arbitrator shall be binding and conclusive on the parties. The parties agree that there shall be no pre-arbitration discovery and the arbitrator shall not award punitive damages to either of the parties. Judgment may be entered in any court having jurisdiction.
Kiska may provide any notice to you under these Terms by: (a) sending a message to the e-mail address you provided; or (b) by posting directly to the Website. Notices sent by e-mail will be effective on the date the e-mail is sent, and notices that are posted on the Website will be effective upon posting. It is your responsibility to keep your e-mail address current and review any new notices on the Website.
To provide Kiska notice under these Terms, you must contact us by e-mail, personal delivery, overnight courier, or by certified mail. Notice provided by e-mail shall be effective upon being sent. Notice provided by personal delivery shall be effective immediately. Notice provided by overnight courier shall be effective one business day after it is sent. Notice provided by certified mail shall be effective three business days after it is sent.
Third Party Content. The Website may contain links and references to other third-party service providers (“Third Party Content”). This Third-Party Content is provided as additional information. Kiska is not responsible for any Third-Party Content or the actions of those that provide such content. Any information regarding a Third Party found on our Website does not imply that Kiska endorses or accepts any responsibility or liability for the Third Party, or vice versa.
Indemnification. By using the Website or by purchasing the Products, you agree to indemnify, defend, and hold harmless Kiska (and its parent, subsidiary, associated and affiliated companies, including each of their respective officers, directors, agents and employees) from and against all damages, costs, reasonable attorney’s fees and expenses based upon, arising out of or in connection with: (a) any breach or alleged breach of any representation or warranty by Kiska; (b) any unauthorized use of your information; or (c) any other actual or alleged unauthorized action by Kiska, including without limitation, a breach of any term of this Agreement. The obligation for indemnification shall survive termination of the Agreement.
Governing Law and Jurisdiction. This Website is operated from the United States of America. All matters arising out of or relating to these Terms are governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule. The governing jurisdiction for any dispute shall be the State of California.
Severability. If any provision of these Terms is invalid, illegal, void or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.
Waiver. The failure by Kiska to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of Kiska.
Force Majeure. Kiska will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, pandemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
Notice to California Customers. Under California Civil Code Section 1789.3, California users of our Website are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 952-5210.
Notice to New Jersey Customers. If you are a Customer residing in New Jersey, the following provisions of these Terms do not apply to you (and do not limit any rights that you may have) to the extent that they are unenforceable under New Jersey law: (a) the disclaimer of liability for any indirect, incidental, consequential, special, exemplary, or punitive damages of any kind (for example, to the extent unenforceable under the New Jersey Punitive Damages Act, New Jersey Products Liability Act, New Jersey Uniform Commercial Code, and New Jersey Consumer Fraud Act; (b) the limitations of liability for lost profits or loss or misuse of any data (for example, to the extent unenforceable under the New Jersey Identity Theft Protection Act and New Jersey Consumer Fraud Act); (c) application of the limitations of liability to the recovery of damages that arise under contract and tort, including negligence, strict liability, or any other theory (for example, to the extent such damages are recoverable by a consumer under New Jersey law, including the New Jersey Products Liability Act); (d) the requirement that you indemnify the Kiska Parties (for example, to the extent the scope of such indemnity is prohibited under New Jersey law); and (e) the New York governing law provision (for example, to the extent that your rights as a consumer residing in New Jersey are required to be governed by New Jersey law.
Copyright Infringement Claims. The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials available on the Services infringe your copyright, you (or your agent) may send to Kiska a written notice by mail, e-mail, or fax, requesting that Kiska remove such material or block access to it. If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send to Kiska a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. See http://www.copyright.gov/ for details.
Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action against Kiska arising out of or related to the use of the Website, Products, or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
If you have any questions, please feel free to contact Kiska directly through our Website or by e-mail.