POLICY & TERMS

54kibo PRIVACY POLICY 

WHAT DO WE DO WITH YOUR INFORMATION?
When you purchase something from our store, as part of the buying and selling process, we collect the personal information you give us such as your name, address and email address. When you browse our store, we also automatically receive your computer’s internet protocol (IP) address in order to provide us with information that helps us learn about your browser and operating system. With your permission, we may send you emails about our store, new products and other updates.

CONSENT
When you provide us with personal information to complete a transaction, verify your credit card, place an order, arrange for a delivery or return a purchase, we understand that you consent to our collecting it and using it for that specific reason only. If we ask for your personal information for a secondary reason, like marketing, we will ask for your expressed consent. If after you opt-in, you change your mind, you may withdraw your consent by contacting us at info@54kibo.com. 

DISCLOSURE
We may disclose your personal information if we are required by law to do so or if you violate our Terms of Service.

SHOPIFY
Shopify Inc hosts our store and provides us with the online e-commerce platform that enables us to sell products and services to you. Your data is stored through Shopify’s data storage, databases and the general Shopify application on a secure server behind a firewall.

Payment: If you choose a direct payment gateway to complete your purchase, then Shopify stores your credit card data. It is encrypted through the Payment Card Industry Data Security Standard (PCI-DSS). Your purchase transaction data is stored only as long as is necessary to complete your purchase transaction. After that is complete, your purchase transaction information is deleted. All direct payment gateways adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, Mastercard, American Express and Discover. PCI-DSS requirements help ensure the secure handling of credit card information by our store and its service providers. For more insight, you may also want to read Shopify’s Terms of Service (https://www.shopify.com/legal/terms) or Privacy Statement (https://www.shopify.com/legal/privacy).

THIRD-PARTY SERVICES
In general, our third-party providers will only collect, use and disclose your information to the extent necessary to allow them to perform their services. However, certain third-party service providers, such as payment gateways and other payment transaction processors, have their own privacy policies in respect to the information we are required to provide to them for your purchase-related transactions. For these providers, we recommend that you read their privacy policies to understand how your personal information will be handled.

In particular, remember that certain providers may be located in different jurisdictions so if you elect to proceed with a transaction that involves the services of a third-party service provider, then your information may become subject to the laws of the jurisdiction(s) in which that service provide are located.

As an example, if you are located in Canada and your transaction is processed by a payment gateway located in the United States, then your personal information used in completing that transaction may be subject to disclosure under United States legislation, including the Patriot Act. Once you leave our store’s website or are redirected to a third-party website or application, you are no longer governed by this Privacy Policy or our website’s Terms of Service.

Links: When you click on links on our store, they may direct you away from our site. We are not responsible for the privacy practices of other sites and encourage you to read their privacy statements.

Google analytics: Our store uses Google Analytics to help us learn about store visits and the pages being viewed.

SECURITY
To protect your personal information, we take reasonable precautions and follow industry best practices to make sure it is not inappropriately lost, misused, accessed, disclosed, altered or destroyed. If you provide us with your credit card information, the information is encrypted using secure socket layer technology (SSL) and stored with a AES-256 encryption.  Although no method of transmission over the Internet or electronic storage is 100% secure, we follow all PCI-DSS requirements and implement additional generally accepted industry standards.

COOKIES
Here is a list of cookies that we use, if you want to opt-out:

  • _session_id, unique token, sessional, Allows Shopify to store information about your session (referrer, landing page, etc).
  • _shopify_visit, no data held, Persistent for 30 minutes from the last visit, Used by our website provider’s internal stats tracker to record the number of visits
  • _shopify_uniq, no data held, expires midnight (relative to the visitor) of the next day, Counts the number of visits to a store by a single customer.
  • cart, unique token, persistent for 2 weeks, Stores information about the contents of your cart.
  • _secure_session_id, unique token, sessional
  • storefront_digest, unique token, indefinite If the shop has a password, this is used to determine if the current visitor has access.
  • PREF, persistent for a very short period, Set by Google and tracks who visits the store and from where

AGE OF CONSENT
By using this site, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

CHANGES TO THIS PRIVACY POLICY
We reserve the right to modify this privacy policy at any time, so please review frequently. Changes and clarifications will take effect immediately upon their posting on the website. 

QUESTIONS AND CONTACT INFORMATION
If you would like to: access, correct, amend or delete any personal information we have about you, register a complaint, or simply want more information contact us at info@54kibo.com or by mail: 54kibo, 137 MONTAGUE ST BROOKLYN New York US 11201


54kibo TERMS OF SERVICE

Thank you for shopping at 54kibo. Throughout the site, the terms “we”, “us” and “our” refer to 54kibo. By visiting our site or purchasing from us, you engage in our “Service” and agree to be bound by our terms and conditions (“Terms” or "Terms of Service").  These Terms apply to all users, including without limitation users who are browsers, vendors, customers, merchants, or contributors of content.

Please read these Terms of Service carefully before accessing our website. Your use of the site constitutes your acceptance of these Terms.  By using any part of the site, you agree to be bound by these Terms. Any new features which are added to the current store shall also be subject to the Terms of Service. You can review the most recent version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms. 

Shopify Inc hosts our store and provides us with the online e-commerce platform that enables us to sell products and services to you.

SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms, you represent that you are the age of majority in your state or province of residence and if applicable you have given us your consent to allow any of your minor dependents to use this site. You may not use our products for any illegal or unauthorized purpose; including but not limited to copyright laws.  

SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone at any time. While any credit card information is always encrypted, your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform to technical requirements of connecting networks. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service without express written permission by us. A violation of any of the Terms will result in an immediate termination of your Services.

SECTION 3 - SITE INFORMATION
We provide information on our site that is accurate and current to the best of our knowledge, but any reliance on information on this site for decision making is your responsibility. We reserve the right to modify the contents of this site at any time.

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue our Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

SECTION 5 - PRODUCTS OR SERVICES 
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy. We have made every effort to display as accurately as possible the colors and images of our products that appear on the site but cannot guarantee that your computer monitor's display of any color will be accurate.

We reserve the right, to limit the sales of our products or Services to any person or geographic region. We reserve the right to limit the quantities of any products or services that we offer. All product information is subject to change without notice.

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. If we make a change or cancel an order, we will attempt to notify you by contacting the e-mail and/or billing address/phone number provided. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. For more detail, please review our Returns Policy.

SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools, and your use of them is at your own risk. 

SECTION 8 - THIRD-PARTY LINKS
Any third-party links on this site may direct you to third-party websites that are not affiliated with us, and we have no liability or responsibility in connection with any of their materials, products, services or websites. Any problems or questions should not be directed to us but to the third party.

SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
We love hearing from you! That said, you agree by submitting anything to us that we may edit, distribute and/or use any material you send to us. We generally respond, but will do so at our discretion. You agree not to violate any personal or proprietary rights in your comments and to represent yourself and your situation accurately. We are not responsible for third-party comments or feedback on this Service, but will remove anything that is obscene, defamatory or unlawful.

SECTION 10 - PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy.

SECTION 11 - ERRORS AND OMISSIONS
Occasionally we may make errors, including but not limited to website information, and reserve the right to correct them without notice.

SECTION 12 - PROHIBITED USES
You agree to abide by the security features of this website and not use our site for a) any unlawful purpose, b) violate any laws or our own intellectual property rights, c) submit false or misleading information, d) transmit any malicious code or collect others' personal information. We may terminate your use of our Service or any related website if you break any of the above conditions.

SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you. You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.  

In no case shall 54kibo, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless 54kibo and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 15 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 16 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

SECTION 17 - ENTIRE AGREEMENT
The failure of us 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 and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 18 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws the State of Delaware.

SECTION 19 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 20 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at info@54kibo.com.

Last Updated April 2018.

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