Terms of Use for Kaahanui Designs

Effective Date: October 14, 2021

Aloha and welcome to Kaahanui Designs. These Terms of Use ("Terms") govern your access to and use of the website kaahanuidesigns.com (the "Site"), operated by Kaahanui Designs ("we," "us," or "our").

By accessing, browsing, or making a purchase on our Site, you agree to be bound by these Terms and our Privacy Policy. If you do not agree with these Terms, please do not use this Site.

1. Intellectual Property Rights

This Site is a showcase of our heritage, artistry, and craft. All content on this Site, including but not limited to the designs, carvings, patterns, photographs, text, graphics, logos, and product images, is the exclusive intellectual property of Dean Kaahanui and Kaahanui Designs. This content is protected by United States and international copyright, trademark, and other intellectual property laws.

You may not reproduce, distribute, modify, create derivative works from, publicly display, or in any way exploit any of the content from this Site without our express prior written permission. Our designs are the result of years of cultural practice and skill; their unauthorized reproduction is strictly prohibited.

2. Use of the Site

You are granted a limited license to access and use the Site for personal, non-commercial purposes, including shopping for our products. This license does not include any resale or commercial use of our Site or its contents. Prohibited actions include, but are not limited to:

  • Using data mining, robots, or similar data gathering and extraction tools.

  • Interfering with the proper working of the Site or any activity conducted on the Site.

  • Using the Site for any unlawful purpose.

3. Products & Online Sales

We strive to create and display our handcrafted pieces with the utmost accuracy.

  • Product Descriptions: We do our best to ensure that all information, descriptions, and images of products are accurate. However, please be aware that each handcrafted piece is unique. Slight variations in color, size, and material (such as bone, shell, or wood grain) are inherent to the craft and are not considered defects. Screen settings on your device may also affect the appearance of colors.

  • Pricing: All prices are listed in US Dollars (USD). We reserve the right to change prices for products at any time without notice. We are not responsible for pricing or typographical errors.

  • Order Acceptance: We reserve the right, at our sole discretion, to refuse or cancel any order for any reason. This may include limitations on quantities available for purchase, inaccuracies in product or pricing information, or issues identified as potential fraud.

4. User Accounts

If you create an account on our Site, you are responsible for maintaining the confidentiality of your account information, including your password, and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account.

5. Disclaimer of Warranties & Limitation of Liability

This Site and all information, content, materials, and products included on or otherwise made available to you through this Site are provided on an "AS IS" and "AS AVAILABLE" basis, unless otherwise specified in writing.

KAAHANUI DESIGNS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE.

TO THE FULL EXTENT PERMISSIBLE BY LAW, KAAHANUI DESIGNS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR FROM ANY PRODUCTS PURCHASED FROM THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.

6. Governing Law & Dispute Resolution

These Terms and any dispute arising from your use of the Site or purchase of products shall be governed by and construed in accordance with the laws of the State of Hawaii, without regard to its conflict of law principles.

Any legal action or proceeding related to this Site shall be brought exclusively in a federal or state court of competent jurisdiction sitting in Hawaii County, Hawaii.

7. Changes to These Terms

We reserve the right to make changes to our Site, our policies, and these Terms of Use at any time. We will post the revised terms on the Site with an updated "Effective Date." Your continued use of the Site after any such changes constitutes your acceptance of the new Terms.

8. Contact Us

If you have any questions about these Terms, please contact us.

Mahalo for your respect and understanding.