Use of the Site
We grant you a non-transferable, revocable and non-exclusive license to use this Site, in accordance with the Terms and Conditions of Use, for such things as: shopping for personal items sold on the site, gathering prior information regarding our products and services and making purchases. Commercial use or use on behalf of any third party is prohibited, except as explicitly permitted by us in advance. These Terms and Conditions of Use specifically prohibit actions such as: accessing our servers or internal computer systems, interfering in any way with the functionality of this website, gathering or altering any underlying software code, infringing any intellectual property rights. This list is non-exhaustive and similar actions are also strictly prohibited. Any breach of these Terms and Conditions of Use shall result in the immediate revocation of the access granted in this paragraph without prior notice to you. Should we determine at our sole discretion that you are in breach of any of these conditions, we reserve the right to deny you access to this website and its contents and do so without prejudice to any available remedies at law or otherwise.
Certain services and related features that may be made available on the Site may require registration or subscription. Should you choose to register or subscribe for any such services or related features, you agree to provide accurate and current information about yourself, and to promptly update such information if there are any changes.
Every user of the Site is solely responsible for keeping passwords and other account identifiers safe and secure. The account owner is entirely responsible for all activities that occur under such password or account. Furthermore, you must notify us of any unauthorized use of your password or account. The Site shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, your failure to comply with this section.
During the registration process you agree to receive promotional emails from the Site. You can subsequently opt out of receiving such promotional e-mails by clicking on the link at the bottom of any promotional email.
User Submissions
Anything that you submit to the Site and/or
provide to us, including but not limited to, questions, reviews, comments, and
suggestions (collectively, “Submissions”) will become our sole and
exclusive property and shall not be returned to you. In
addition to the rights applicable to any Submission, when you post comments or
reviews to the Site, you also grant us the right to use the name that you
submit, in connection with such review, comment, or other content. You shall not use a false e-mail address,
pretend to be someone other than yourself or otherwise mislead us or third
parties as to the origin of any Submissions. We may, but shall not be obligated
to, remove or edit any Submissions.
By completing an order or signing up, you agree to receive email(s)
associated with finalizing your order, which may contain relevant offers, asking
you to review Kumkang Kind Beauty and your purchase and promotional emails, SMS
and push notifications from Kumkang Beauty. You may
unsubscribe from promotional emails via a link provided in each email. If you
would like us to remove your personal information from our database,
unsubscribe from emails and/or SMS, please email Customer Service email address
by country.
Information Available on Website
You accept that the information contained in this website is provided “as is, where is”, is intended for information purposes only and that it is subject to change without notice. Although we take reasonable steps to ensure the accuracy of information and we believe the information to be reliable when posted, it should not be relied upon and it does not in any way constitute either a representation or a warranty or a guarantee.
Accessibility of Website
Our aim is to ensure accessibility to the website at all times, however we make no representation of that nature and reserves the right to terminate the website at any time and without notice. You accept that service interruption may occur in order to allow for website improvements, scheduled maintenance or may also be due to outside factors beyond our control.
Links and Thirds Party Websites
We may include links to third party websites at
any time. However, the existence of a link to another website should not be
consider as an affiliation or a partnership with a third party or viewed as an
endorsement of a particular website unless explicitly stated otherwise. In the event the user follows a link to another
website, he or she does so at his or her own risk. We accept no responsibility
for any content, including, but not limited to, information, products and
services, available on third party websites. Creating
a link to this website is strictly forbidden without our prior written consent.
Furthermore, we reserve the right to revoke our consent without notice or justification.
Intellectual Property
Both parties agree that all intellectual property rights and database rights, whether registered or unregistered, in the Site, information content on the Site and all the website design, including, but not limited to, text, graphics, software, photos, video, music, sound, and their selection and arrangement, and all software compilations, underlying source code and software shall remain at all times vested in us. Use of such material will only be permitted as expressly authorized by us. Any unauthorised use of the material and content of this website is strictly prohibited and you agree not to, or facilitate any third party to, copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.
Data Protection
Any personal information collected in relation to the use of this website will be held and used in accordant with our Privacy Policy, which is available on our Site.
Indemnity
You agree to indemnify and hold us, our affiliates, officers, directors, agents and/or employees, as the case may be, free from any claim or demand, including reasonable legal fees, related to your breach of these Terms of Use and User Agreement.
Applicable Law and Jurisdiction
These Terms and Conditions shall be interpreted and governed by the laws in force in Kenya. Each party hereby agrees to submit to the jurisdiction of the Kenyan courts and to waive any objections based upon venue. First right apply and are owned by any of the Kumkang Kind body representatives. Kumkang Kind Beauty is operated by Kumkang Kind East Africa Ltd. owned by Kumkang Kind Co., in Seoul.
Arbitration
Any disputes, controversies, or differences
arising out of the implementation, interpretation, performance of these Terms
and Conditions, shall be finally settled through arbitration by a single
arbitrator to be appointed in accordance with the rules of Chartered Institute
of Arbitrators. The arbitrator shall be a person who is legally trained and who
has experience in the information technology field and is independent of either
party. The venue of the arbitration shall be Nairobi. The language used in the
arbitration proceedings shall be English. The award of the arbitrator shall be
final and binding and may be entered in any court of competent jurisdiction and
enforced in accordance with the Arbitration Act 1995 Chapter No. 4.
Notwithstanding the foregoing, the Site reserves the right to pursue the
protection of intellectual property rights and confidential information through
injunctive or other equitable relief through competent courts.
Termination
In addition to any other legal or equitable remedies, we may, without prior notice to you, immediately terminate the Terms and Conditions or revoke any or all of your rights granted under the Terms and Conditions. Upon any termination of this Agreement, you shall immediately cease all access to and use of the Site and we shall, in addition to any other legal or equitable remedies, immediately revoke all password(s) and account identification issued to you and deny your access to and use of this Site in whole or in part. Any termination of this agreement shall not affect the respective rights and obligations (including without limitation, payment obligations) of the parties arising before the date of termination. You furthermore agree that the Site shall not be liable to you or to any other person as a result of any such suspension or termination. If you are dissatisfied with the Site or with any terms, conditions, rules, policies, guidelines, or practices services in operating the Site, your sole and exclusive remedy is to discontinue using the Site.
Severability
If any portion of these terms or conditions is held by any court or tribunal to be invalid or unenforceable, either in whole or in part, then that part shall be severed from these Terms and Conditions of Use and shall not affect the validity or enforceability of any other section listed in this document.
Miscellaneous Provisions
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.
Use of Voucher Codes
Our Site accepts the use of voucher codes for orders placed online. The marketing voucher codes which are accepted on our Site entitle you at the time of ordering a product to a saving on the order being placed on our Site. Vouchers may also be issued to customers in exchange for advance payments made to us via transfer to our bank accounts for products intended to be purchased on the Site. Our voucher codes may not be exchanged for cash. With the exception of vouchers issued in accordance with our refunds policy and vouchers issued in exchange for advance payments, we reserve the right to cancel or withdraw our voucher codes at any time.
Delivery
This Site is only for delivery of products to customers within Kenya. We make every effort to deliver goods within the estimated timescales set out on our Site; however, delays are occasionally inevitable due to unforeseen factors. We shall be under no liability for any delay or failure to deliver the products within the estimated timescales where they did not occur due to our fault or negligence.
Return Policy
For a product purchased to be returned, kindly ensure their evident proof and valid documentations:
- Proof of Purchase – the document handed over to you together with the product, on delivery
- Original packaging – Container box or bag delivered with the product
- Any free promotional items – gifts or accessories delivered with the purchased item
- Valid return reason – Mentioning whether the product is still;
- Unused (in new condition)
- Sealed (with intact packaging)
- Complete (inclusive of all promotional products)
- Not damaged (intact, no scratches)
- Tags & labels attached
We do however advise that you inspect the product thoroughly on delivery and if un qualified to your standards, reject it immediately. Failure to which, on realizing the product is not what you had requested for, delivery fees to our locations: The Mirage Plaza will be incurred on your account and not claimable to Kumkang Kind Beauty or any of its affiliates.
We do not accept or make a refund in monetary value but instead, create a credit value of the similar amount or refund the same product.
Refund is nor acceptable on any purchase should the Primary package be open / tampered with.
For a returned product, ensure you do a follow up on both email and phone calls.
Miscellaneous Provisions
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.
Assigning or sub-contracting any of your rights or obligations under these
Terms and Conditions to any third party is prohibited unless agreed upon in
writing.
Manufacturers Notice of Copyright Infringement
If you have any complaints with respect to the
infringement of your copyright, kindly write to the following address: Who? Where?
Where you believe that your intellectual property has been infringed upon on
our website, please notify us by email it to (insert physical address and email
address for copyright complaints). We expeditiously respond to all concerns
regarding copyright infringements. We
request that you provide the following information along with your complaint:
- A physical or electronic signature of the person authorized to act on behalf of you the manufacturer
- A proper description of the copyrighted work claimed to have been infringed.
- A description of the location of the infringing material on our Website.
- The address, telephone number or e-mail address
- A statement made by the complaining party that he has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner or by law.
- A statement deposed to under oath, that the information in the notice of copyright infringement is accurate, and that the complaining party is authorized to act on behalf of the copyright owner.
Please note that this procedure is exclusively for notifying Kumkang Kind Beauty and Kumkang Kind affiliates that your copyrighted material has been infringed.