Terms of service

OVERVIEW
Welcome to MOKA By Moka Kanai! The terms “we”, “us”, and “our” refer to MOKA By Moka Kanai. MOKA By Moka Kanai operates this website and online store, including all related information, content, features, tools, products and services, to provide you, the customer, with a curated shopping experience (the “Services”). Moka Kanai is powered by Shopify, which enables us to provide the Services to you.

The below terms and conditions, together with any policies referenced herein (these “Terms of Service” or “Terms”) describe your rights and responsibilities when using our Services. 

Please read these Terms of Service carefully. By accessing or using the Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms of Service or Privacy Policy, you must not use or access our Services.

 

SECTION 1 - ACCESS AND ACCOUNT
By agreeing to these Terms of Service, you confirm that you are at least the age of majority in your country, and you consent to allow any of your minor dependents to use the Services on devices you own or manage.

To use the Services, including accessing, browsing, or making a purchase, you may be asked to provide information such as your name, email address, billing, payment and shipping details. You confirm that all information you provide is accurate, current and complete, and have all rights necessary to provide this information.

You are solely responsible for maintaining the confidentiality of your account credentials and all activity that occurs under your account. You may not transfer, sell, assign, or license your account to another person.


SECTION 2 - OUR PRODUCTS
We have made every effort to display an accurate representation of our products, however colours or appearances may vary depending on your device, screen and settings and configuration.

We do not guarantee that product descriptions or images will meet your expectations, and products may differ from their online depiction. We may modify, update, or discontinue products at any time, and may limit quantities or sales to any individual, region, or order at our discretion.


SECTION 3 - ORDERS
When you place an order, you make an offer to purchase. MOKA By Moka Kanai reserves the right to accept or decline any order for any reason at our discretion. Payment must be successfully processed before an order is accepted. Orders cannot be cancelled once accepted. In the even that we decline or modify an order, we will attempt to notify you using the contact information provided at checkout.

Purchases are subject to our Return and Refund Policy. You confirm that purchases are for personal use and not for commercial resale or export.


SECTION 4 - PRICES AND BILLING
Prices, promotions, and discounts are subject to change without notice. The price charged will be the price in effect at the time the order is placed. Unless stated otherwise, prices excludes taxes, shipping, handling, customs, and import duties. 

You agree to provide complete, accurate and current billing information, and you authorise us to charge your payment method for all applicable fees.

You confirm that:

  1. your payment information provided is correct;
  2. you are authorised to use such payment information for the purchase;
  3. you will pay all charges incurred; and
  4. your payment provider will honour the charges.


SECTION 5 - SHIPPING AND DELIVERY
Delivery times are estimates only and are not guaranteed. We are not liable for shipping and delivery delays caused by carriers, customs, or events beyond our control. Once items are handed to the carrier, risk of loss transfers to you.


SECTION 6 - INTELLECTUAL PROPERTY
All content and materials, including but not limited to all trademarks, brands, text, displays, images, graphics, product reviews, video, and audio, and the design, selection, and arrangement on our Services are owned by Moka Kanai, its affiliates or licensors and protected under UK and international intellectual property laws.

You may use the Services for personal, non-commercial use only. You may not reproduce, distribute, modify, or exploit any materials without our written consent. All Moka Kanai names, logos, and designs are trademarks of Moka Kanai. Shopify trademarks belong to Shopify. Other trademarks belong to their respective owners.


SECTION 7 - OPTIONAL TOOLS
We may provide access to third-party tools as part of the Services, which we neither monitor, control nor input. You acknowledge that these tools are provided “as is” and “as available.” We are not liable for your use of such optional third-party tools.


SECTION 8 - THIRD-PARTY LINKS
The Services may include materials and links to websites, provided or operated by third parties. Accessing any third-party content is at your own risk.

We are not responsible for the accuracy or legality of content on third-party sites. Please review their policies before engaging in transactions. Complaints, claims, concerns, or questions regarding third-party products or services should be directed to the third-party.


SECTION 9 - RELATIONSHIP WITH SHOPIFY
Moka Kanai is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make in our Store are made directly with Moka Kanai. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and Moka Kanai, including any injury, damage, or loss resulting from purchased products and services. You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with Moka Kanai. 


SECTION 10 - PRIVACY POLICY
All personal data is handled according to our Privacy Policy and, where applicable, Shopify’s Privacy Policy. As Shopify hosts our Services, Shopify collects and processes personal information about your access to and use of the Services in order to provide and improve the Services for you. Your data may be processed outside the UK in accordance with Shopify’s policies. By using the Services, you acknowledge that you have read and understand these policies.


SECTION 11 - FEEDBACK
By submitting Feedback (ideas, suggestions, reviews, etc.), you grant us a worldwide, perpetual, royalty-free licence to use it for any purpose, including for commercial use.

You confirm that you own the rights to your Feedback and that it complies with applicable laws and these Terms. We are and shall be under no obligation to :

  1. maintain your Feedback in confidence;
  2. pay compensation for your Feedback; or
  3. respond to your Feedback.

We may, but have no obligation to, monitor or remove Feedback that we deem inappropriate. You agree that your Feedback will not:

  1. violate any right of any third-party;
  2. contain libellious or otherwise unlawful, abusive or obscene Feedback; or
  3. contain any computer virus or other malware that could in any way affect the operation of the Services or any related website.

You may not:

  1. use a false email address;
  2. pretend to be someone other than yourself; or
  3. mislead us or third-parties as to the origin of any Feedback. 

You are solely responsible for any Feedback you make and its accuracy. We take no responsibility and assume no liability for any Feedback posted by you or any third-party.


SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS
Information on the Services may occasionally contain errors or inaccuracies. We reserve the rights to correct or update any information, or cancel orders affected by inaccuracies, at any time without prior notice (including after you have submitted your order).


SECTION 13 - PROHIBITED USES
You may use the Services only for lawful purposes. You agree not to:

  1. violate UK or international laws;
  2. infringe intellectual property rights or the intellectual property rights of others;
  3. harm, harass, or defame others;
  4. engage in false or misleading conduct;
  5. impersonate or attempt to impersonate any other person or entity;
  6. transmit viruses or malicious codes;
  7. scrape, crawl, or spam;
  8. collect or track the personal information of others;
  9. interfere with the operation or security of the Services or any related websites.

We reserve the right to suspend or terminate your access at any time, without prior notice, if we determine that you have violated any part of these Terms. 


SECTION 14 - TERMINATION
We may terminate your access to the Services at any time without notice. You will remain responsible for any outstanding payments due up to and including the date of termination.

The following sections will continue to apply following any termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver; Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions that by their nature should survive termination. 


SECTION 15 - DISCLAIMER OF WARRANTIES 
The information presented on or through the Services is made available for general information purposes. We cannot guarantee that all information is complete, accurate, or up-to-date at all times on our website. Any reliance you place on such information is strictly at your own risk. To the extent permitted by law, except as expressly stated by Moka Kanai, the services and products are provided 'as is' and 'as available'. However, nothing in these terms affects your statutory rights under UK law.

Your UK Consumer Rights, under the Consumer Rights Act 2015, you have legal rights requiring that products purchased from us are:

  1. of satisfactory quality;
  2. fit for purpose; and
  3. as described.

Digital content must also be of satisfactory quality, fit for purpose, and as described. These statutory rights cannot be excluded or limited by these terms. 

We do not guarantee uninterrupted, error-free or secure access, except where such guarantees are required by law. We are not liable for losses resulting from service interruptions beyond our reasonable control.


SECTION 16 - LIMITATION OF LIABILITY
To the fullest extent permitted by UK law, Moka Kanai, related parties, and Shopify and its affiliates shall not be liable for any injury, loss, claim or direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation, lost profits, loss of data, lost revenue, lost savings, replacement costs, or any similar damages. 

Nothing in these terms excludes or limits our liability for:

  1. death or personal injury caused by our negligence;
  2. fraud or fraudulent misrepresentation;
  3. breach of your statutory rights under the Consumer Rights Act 2015; and
  4. any other liability that cannot be excluded or limited under UK law.


SECTION 17 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Moka Kanai, Shopify, and related parties from any losses, damages, liabilities or claims, including reasonable attorneys’ fees, payable to any third party due to or arising out of:

  1. your breach of these Terms of Service or the documents they incorporate by reference;
  2. our violation of any law or the rights of a third party; or
  3. your access to and use of the Services. 

We will notify you of any indefinable claim, provided that a failure to promptly notify will not relieve you of your obligations unless you are materially prejudiced. We may control the defence and settlement of such claim at your expense, including choice of counsel, but will not settle any claim requiring non-monetary obligations from you without your consent (not to be unreasonably withheld). You will cooperate in the defence of indemnified claims, including by providing relevant documents. 


SECTION 18 - 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 19 - WAIVER; ENTIRE AGREEMENT
If we fail to exercise or enforce any right or provision of these Terms, such failure shall not constitute a waiver of that right or provision, nor shall it prevent us from exercising or enforcing that right or provision at any time in the future. A waiver will only be effective if it is expressly stated by us in writing.

These Terms of Service, together with any additional policies, guidelines or rules referenced herein or posted on our website, constitute the entire agreement and understanding between you and Moka Kanai regarding your use of the Services. They supersede any prior or contemporaneous agreements, negotiations, understandings or communications, whether written or oral.

You acknowledge that you have not relied on any statement, representation, assurance or warranty not expressly set out in these Terms. No oral explanations or information provided by us shall alter the interpretation of the Terms.


SECTION 20 - ASSIGNMENT
You may not delegate, transfer or assign this Agreement or any of your rights or obligations under these Terms without our prior written consent, and any such attempt will be null and void. We may transfer, assign, or delegate these Terms and our rights and obligations without consent or notice to you. 


SECTION 21 - GOVERNING LAW
These Terms of Service, and any dispute or claim arising out of or in connection with them (including non-contractual disputes or claims), shall be governed by and interpreted in accordance with the laws of England and Wales. You and Moka Kanai consent to venue and personal jurisdiction in such courts.


SECTION 22 - HEADINGS
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms. 


SECTION 23 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time on this page. We reserve the right, in our sole discretion to update 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.

We will notify you of material changes as required by UK law, and such changes will be effective on the date specified in the notice. Your continued use of or access to the Services following the posting of any changes to these Terms of Service constitutes acceptance of those changes. 

SECTION 24 - CONTACT INFORMATION

hello@mokakanai.com
14 Hanover Square, London, W1S 1HN