Terms of Service
Welcome to Kiki’s Kreationss!
These are the conditions for all Kiki’s Kreationss services and available through:
• KikisKreationss.com
By using the website and services, you agree to be bound by these terms and conditions and our privacy policy. In these terms and conditions, the words "website" refers to the Kiki’s Kreationss website, "we", "us", "our" and “Kiki’s Kreationss” refers to Kiki’s Kreationss and "you" “client” and “user" refers to you, the Kiki’s Kreationss user.
The following terms and conditions apply to the website and services offered by Kiki’s Kreationss. This includes the mobile and tablet versions as well as any other version of Kiki’s Kreationss accessible via desktop, mobile, tablet, social media or other devices.
READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING OR OBTAINING ANY INFORMATION OR SERVICE FROM KIKI’S KREATIONSS.
1. ACCEPTANCE OF TERMS
This agreement sets forth legally binding terms for your use of Kiki’s Kreationss. By using the website and services, you agree to be bound by this agreement. If you do not agree to the terms of this agreement, you must not use the website and services. We may modify this agreement from time to time, and such modification shall be effective upon posting on the website. You agree to be bound by any modifications to these terms and conditions when you use the website and the services offered on the website after such modification is posted on the website; therefore, it is important that you review this agreement regularly.
Access to the website and our services are available to all ages. It is up to parents or legal guardians to determine whether the services offered by Kiki’s Kreationss are appropriate for their children or minors in their care.
Kiki’s Kreationss may, in its sole discretion, refuse to offer the services to any customer or user and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the service and the website is revoked in such jurisdictions.
The website and services may only be used in compliance with these terms and all applicable local, state, national and international laws, rules and regulations.
By using the website and services, you represent and warrant that you have the full right, power and authority to enter into this agreement and to fully perform all of your obligations hereunder. You further represent and warrant that you are under no legal disability or contractual restriction that prevents you from entering into this agreement.
2. NOTIFICATIONS AND NEWSLETTER
By providing Kiki’s Kreationss with your email address and telephone number, you agree that we may use your email address to send you important notifications and communications about our services, news and special content. If you do not wish to receive these emails, you may opt-out of receiving them by sending us your request through our contact information or by using the "unsubscribe" option in the emails. Opting out may prevent you from receiving emails regarding our services, important news and special content.
3. KIKI’S KREATIONSS
Kiki’s Kreationss offers the following services:
• Design and manufacture of garments and dresses
Consultations
Custom Clothing
Ready-made clothing
The user or client can request information through the forms available on the website or can request information through our contact information. Our support team will be attentive and available to answer your questions and concerns.
The terms and conditions of each service will be established in the respective service contract, which will determine the specifications of the services, the price of the same, the form of payment of the services, the responsibilities and obligations of Kiki's Kreationss, among other specifications and terms that must be accepted by the client when accepting and signing the respective service contract.
Kiki’s Kreationss may cancel any service and may change or discontinue the availability of services any time in its sole discretion.
4. DESIGN AND MANUFACTURE OF GARMENTS AND DRESSES
For the purpose of hiring our garment design and manufacturing services, the client must send us a design request with the specifications of the garment and Kiki’s Kreationss will elaborate a sketch according to those specifications. The sketch must be approved by the customer before we start manufacturing the design. Please be as specific as possible with the request. Lack of communication or details in the request may result in an incomplete or unsatisfactory garment.
The customer may scheduel a Video Call measurement appointment. Please note that if the customer refuses to take measurements through video call services offered, the customer will be fully responsible for the measurements provided. If the measurements submitted by the customer are not correct, any additional modifications may be refused or may be made at an additional charge.
Communication between the customer and Kiki is very important. Once the fabrication of the design has begun, the customer will receive recurring updates. Please note that some aspects of the design and manufacture of the garment may require customer approval. Delays in customer approval or response may result in unschedueled delays in delivery of the final design. The customer is encouraged to respond as soon as possible to Kiki's requests for approval to avoid possible delays in final design delivery.
Before submitting your design request, please consider the following recommendations:
• Design requests are handled and fulfilled on a first come, first served basis, If the client needs a design in advance or date certain, please contact Kiki’s Kreationss through our contact information.
• Once the design is finalized there will be a video call between the client and Kiki’s Kreationss to present and show the final design to the client before it is shipped.
• Please note that the delivery of final designs will be made via shipment. No in-person pick-up of designs is allowed. Arrangements or modifications to final designs must also be made via shipment.
• No last minute requests for changes will be accepted. Any requested changes to the final design may be subject to additional charges beyond those agreed upon in the contract.
• Kiki’s Kreationss will not perform designs from other designers.
• THERE ARE NO HOLDS BARRED. Once the garment is complete, final payment is due upon completion. Failure to send final payment will result in cancellation of future reservations.
• Request for fabric change in the design after manufacturing of the design has begun will incur an additional cost.
• Size change requests will have no additional cost.
• Consultations do NOT guarantee completion or delivery of the final design. The design and manufacturing process begins once payment agreed upon in the service contract is completed.
5. PAYMENTS
Payments for services will be made through the following payment method:
• Website or Custom Invoice in which you choose your payment method.
The payments of the services will be determined in the respective service contract and according to the invoices sent by Kiki’s Kreationss with the corresponding amount. Once an invoice is paid, we will send an electronic receipt to the customer's e-mail address.
The payment of the services can be made in full before starting the design process or can be made through a payment plan agreed between Kiki’s Kreationss and the client and to be included in the service contract. In the case of selecting payment through a payment plan, the design process will only begin upon completion of 50% of the total payment of the service and the final garment will only be delivered upon completion of the total payment of the service.
In the event that the delay in payment causes a change in the delivery date, Kiki’s Kreationss may charge an additional fee. In the event that late payment causes the final garment not to be delivered on a scheduled event or date, full payment for the service must be completed by the customer and no refunds will be made. Late payment of invoices will also result in cancellation of the requested arrangements.
If you find any inconsistencies in your billing, please contact us via our contact details or you can make a complaint via the customer service of the relevant payment processor.
Your payment details will be treated and retained securely and for the sole purpose of processing the purchase of the services. Kiki’s Kreationss reserves the right to engage any payment platform available on the market, which processes your data for the sole purpose of processing the purchase of the services.
6. REFUND POLICY
All payments for our services are final and non-refundable. Please note that once services and payments are agreed upon and the respective service contract is signed, all payments are final and non-refundable.
Refunds will only be granted in the following cases:
• The agreed design, which can be altered through verbal and electronic communication is not represented in the final garment delivered.
• The garment has not been delivered on time due to shipping delays on the part of Kiki’s Kreationss. No refunds will be made if the cause of the delay is attributable to the shipping company.
Refund requests will be considered on a case by case basis. If a refund is approved, the customer will receive instructions on how to return the delivered garment. Refunds will be made via the original method of payment.
Please do not send packages back without the respective authorization from Kiki’s Kreationss. In the event a refund is approved, Kiki’s Kreationss will provide a return label to ensure safe return of the returned package.
7. DISCLAIMER
By accessing the website and the content available on the website, you accept personal responsibility for the results of using the information available on the content. You agree that Kiki’s Kreationss has not guaranteed the results of any actions taken, whether or not advised by this website or the content. Kiki’s Kreationss provides resources and content for informational purposes only. We do not guarantee that the information available on the website is accurate, complete or updated. The content of this website is provided for general information and should not be taken as a professional advice. Any use of the material provided on this website is at your own risk.
8. COPYRIGHT
All materials on Kiki’s Kreationss, including, without limitation, names, logos, trademarks, images, text, graphics, videos, photographs, illustrations and other elements are protected by copyrights, trademarks and/or other intellectual property rights owned and controlled by Kiki’s Kreationss or by third parties that have licensed or otherwise provided their material to the website. You acknowledge and agree that all materials on Kiki’s Kreationss are made available for limited, non-commercial, personal use only. Except as specifically provided herein. No material may be copied, reproduced, republished, sold, downloaded, posted, transmitted, or distributed in any way, or otherwise used for any purpose, by any person or entity, without Kiki’s Kreationss prior express written permission. You may not add, delete, distort, or otherwise modify the material. Any unauthorized attempt to modify any material, to defeat or circumvent any security features, or to utilize Kiki’s Kreationss or any part of the material for any purpose other than its intended purposes is strictly prohibited.
9. COPYRIGHT INFRINGEMENT
Kiki’s Kreationss will respond to all inquiries, complaints and claims regarding alleged infringement for failure to comply with or violation of the provisions contained in the Digital Millennium Copyright Act (DMCA). Kiki’s Kreationss respects the intellectual property of others, and expects users to do the same. If you believe, in good faith, that any material provided on or in connection with the Kiki’s Kreationss platform infringes your copyright or other intellectual property right, please send us your copyright infringement request pursuant to Section 512 of the Digital Millennium Copyright Act (DMCA), via our contact information, with the following information:
• Identification of the intellectual property right that is allegedly infringed. All relevant registration numbers or a statement regarding ownership of the work should be included.
• A statement that specifically identifies the location of the infringing material, in sufficient detail so that Kiki’s Kreationss can find it on the website.
• Your name, address, telephone number and email address.
• A statement by you that you have a good faith belief that the use of the allegedly infringing material is not authorized by the copyright owner, or its agents, or by law.
• A statement by you, made under penalty of perjury, that the information in your notification is accurate, and that you are the copyright owner or authorized to act on its behalf.
• An electronic or physical signature of the copyright owner or of the person authorized to act on the copyright owner's behalf.
10. CONFIDENTIAL INFORMATION
Information provided by our clients through our services will be treated as confidential information and will be used solely for the purpose of providing our services properly. Kiki’s Kreationss will protect such confidential Information from disclosure to third parties by employing the same degree of care used to protect its own confidentiality or proprietary information of similar importance. If necessary to carry out a prospective business relationship, Kiki’s Kreationss may disclose confidential information received pursuant to our services to employees and/or consultants with a need to know, provided that the consultants are obligated to protect such confidential information from unauthorized use and disclosure. Confidential information shall not be disclosed to any third party without the prior written consent of the client who is the owner of the information.
11. PERSONAL DATA
Any personal information you submit in connection with the services and use of the website will be used in accordance with our privacy policy. By using the services, you agree that we may collect and store your personal information. Please see our privacy policy.
12. DISCLAIMER OF WARRANTIES
Because of the nature of the Internet Kiki’s Kreationss provides and maintains the website on an "as is", "as available" basis and makes no promise that use of the website will be uninterrupted or entirely error free. We are not responsible to you if we are unable to provide our Internet services for any reason beyond our control.
Our website may from time to time contain links to other websites which are not under the control of and are not maintained by us. These links are provided for your convenience only and we are not responsible for the content of those sites.
Except as provided above we can give no other warranties, conditions or other terms, express or implied, statutory or otherwise and all such terms are hereby excluded to the maximum extent permitted by law.
You will be responsible for any breach of these terms by you and if you use the website in breach of these terms you will be liable to and will reimburse Kiki’s Kreationss for any loss or damage caused as a result.
Kiki’s Kreationss will not be liable in any amount for failure to perform any obligation under this agreement if such failure is caused by the occurrence of any unforeseen event beyond its reasonable control including without limitation Internet outages, communications outages, fire, flood, war or act of God.
These terms do not affect your statutory rights as a consumer which are available to you.
Subject as aforesaid, to the maximum extent permitted by law, Kiki’s Kreationss excludes liability for any loss or damage of any kind howsoever arising, including without limitation any direct, indirect or consequential loss whether or not such arises out of any problem you notify to Kiki’s Kreationss and Kiki’s Kreationss shall have no liability to pay any money by way of compensation, including without limitation all liability in relation to:
• Any incorrect or inaccurate information on the website.
• The infringement by any person of any Intellectual Property Rights of any third party caused by their use of the website or service purchased through the website.
• Any loss or damage resulting from your use or the inability to use the website or resulting from unauthorized access to, or alteration of your transmissions or data in circumstances which are beyond our control.
• Any loss of profit, wasted expenditure, corruption or destruction of data or any other loss which does not directly result from something we have done wrong.
• Any amount or kind of loss or damage due to viruses or other malicious software that may infect a user's computer equipment, software, data or other property caused by persons accessing or using content from the website or from transmissions via emails or attachments received from Kiki’s Kreationss.
• All representations, warranties, conditions and other terms which but for this notice would have effect.
13. INDEMNIFICATION
You agree to defend and indemnify Kiki’s Kreationss from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of:
• Your breach of this agreement or the documents referenced herein.
• Your violation of any law or the rights of a third party.
• Your use of the services.
14. CHANGES AND TERMINATION
We may modify the website and these terms at any time, at our sole discretion and without notice. You are responsible for keeping yourself informed of these terms. Your continued use of the website constitutes your acceptance of any changes to these terms and any changes will supersede all previous versions of the terms.
15. NO PARTNERSHIP
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Kiki’s Kreationss as a result of these terms or your use of the services.
16. INTEGRATION CLAUSE
This agreement, together with the privacy policy and any other legal notices published by Kiki's Kreationss as well as the respective service agreement entered into between you and Kiki's Kreationss, shall constitute the entire agreement between you and Kiki's Kreationss and governs your use of the website and services.
17. DISPUTES
The user agrees that any dispute, claim or controversy arising out of or relating to these terms and conditions, or the breach, termination, enforcement, interpretation or validity thereof or the use of the services, shall be resolved by binding arbitration between the user and Kiki’s Kreationss, provided that each party retains the right to bring an individual action in a court of competent jurisdiction.
In the event of a dispute arising in connection with the use of the services or the breach of these conditions, the parties agree to submit their dispute to arbitration resolution before a reputable arbitration organization as mutually agreed by the parties and in accordance with applicable commercial arbitration rules.
You agree to initiate a formal dispute proceeding by sending us a communication through our contact information. Kiki’s Kreationss may choose to send you a written offer after receiving your initial communication. If we offer and send you a settlement offer and you do not accept the offer, or we are unable to resolve your dispute satisfactorily and you wish to continue with the dispute process, you must initiate the dispute resolution process before an accredited arbitration organization and file a separate Demand for Arbitration. Any award rendered by the arbitration tribunal shall be final and conclusive on the parties.
To the fullest extent permitted by law, you agree that you will not file, join or participate in any class action lawsuit in connection with any claim, dispute or controversy that may arise in connection with your use of the website and services.
The courts of the United States, specifically the courts located in the State of New York, shall have jurisdiction over any dispute, controversy or claim relating to Kiki’s Kreationss and its business operations. Any such dispute or controversy shall be brought and resolved in the courts of the United States, specifically the courts located in the State New York.
18. FINAL PROVISIONS
These terms and conditions are governed by the laws of the United States. Use of the website and services are not authorized in any jurisdiction that does not give effect to all of the provisions of these terms.
Our performance of these terms is subject to existing laws and legal process, and nothing contained in these terms limits our right to comply with law enforcement or other governmental or legal requests or requirements relating to your use of our website or information provided to or gathered by us with respect to such use.
If any part of these terms is found to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not in any way be affected or impaired. Our failure or delay in enforcing any provision of these terms at any time does not waive our right to enforce the same or any other provision(s) hereof in the future.
Any rights not expressly granted herein are reserved.
19. CONTACT INFORMATION
If you have questions or concerns about these terms, please contact us through our contact forms or by using the contact information below: