These Terms and Conditions outline the rules and regulations for using all services offered by The Kaleō Touch, including purchasing pre-packaged gifts, customizable packages, the Hav experience, and individual items. You accept these Terms of Service by visiting or using any portion of the website. You are not permitted to use this website or any of its services if you do not accept all of its terms and conditions. Before using our website, please carefully read our terms of service.
1. User Obligations and Restrictions
- Acceptable Use Policy:
- You agree to use our services responsibly and for their intended purpose.
- Prohibited behaviors include:
- Providing false information during the order process.
- Using our products or services for unlawful activities.
- Reselling our products without prior consent.
- Intellectual Property Usage:
- All designs, branding, and content related to The Kaleō Touch are the intellectual property of the company.
- You may not reproduce, distribute, or create derivative works based on our intellectual property without prior written consent.
2. Liability Limitations
- Disclaimer of Warranties:
- All services and products are provided “as is” without any warranties, express or implied, including but not limited to fitness for a particular purpose or non-infringement.
- Limitation of Liability:
- The Kaleō Touch is not liable for:
- Indirect, incidental, or consequential damages arising from the use or inability to use our products or services.
- Losses resulting from delays, shipping errors, or miscommunication on the end of the customer/ consumer..
- The Kaleō Touch takes extensive measures to ensure your order is delivered securely. Once the order has been shipped, tracking information and proof of delivery (e.g., signature confirmation) will be provided.
- We are not responsible for packages marked as “Delivered” by the shipping carrier or for losses due to incorrect delivery addresses provided by the customer. Reimbursement or replacement will not be issued for such cases.
- If your package is lost in transit before being marked as “Delivered,” please contact us, and we will assist in filing a claim with the shipping carrier.
3. Termination Clause
- Termination by the Customer:
- You may terminate the agreement by canceling your order prior to the start of customization or shipping. Once customization or shipping begins, orders are non-refundable.
- Termination by The Kaleō Touch:
- We reserve the right to terminate the agreement under the following conditions:
- Violation of our Terms and Conditions.
- Abuse, fraud, or misuse of our services.
- Termination will be communicated in writing, with no obligation to fulfill pending orders.
- Notice Period:
- Termination notice must be given at least 24 hours prior to the scheduled consultation or shipping.
4. Governing Law and Jurisdiction
- These Terms and Conditions are governed by the laws of the State of New York.
- Any disputes arising from these terms will fall under the jurisdiction of the courts of New York State.
5. Privacy Policy
- To understand how we collect, use, and protect your personal information, please review our Privacy Policy.
6. Dispute Resolution
- In the event of a dispute, the parties agree to first attempt to resolve the matter through informal negotiation.
- If informal resolution is unsuccessful, disputes will be resolved through arbitration in accordance with the rules of the American Arbitration Association.
- Litigation may only proceed if arbitration is not feasible, and it must occur in the courts of New York State.
7. Miscellaneous
- Changes to Terms: We may update these Terms and Conditions at any time. Continued use of our services constitutes acceptance of the updated terms.
- Severability: If any provision of these terms is deemed invalid, the remaining provisions will remain in full effect.
- Force Majeure: We are not liable for delays or failures caused by events beyond our reasonable control, including natural disasters, labor strikes, or government actions.
8. Food Allergy Disclaimer
We prioritize the safety and well-being of our customers. However, The Kaleō Touch packages may include food items or products made in facilities that handle common allergens such as nuts, dairy, soy, gluten, and other allergens.
Important Note:
- We cannot guarantee that any food products in our packages are free from allergens.
- Customers are responsible for reviewing the ingredient lists provided with the items.
- If you have severe food allergies, we recommend contacting us directly before placing an order to discuss alternatives or customizations.
The Kaleō Touch is not liable for any allergic reactions resulting from the use or consumption of products in our packages.
- Substitutions Policy
At The Kaleō Touch, we strive to provide the exact items displayed in our product descriptions. However, due to product availability or seasonal changes, we reserve the right to substitute items of equal or greater value. All our substitutions will always align with the theme and quality of the original product.
- Product Images Disclaimer
The images displayed on The Kaleō Touch website and promotional materials are intended to provide a visual representation of our products. Please note the following:
- Visual Variations: Actual products may vary slightly in color, design, or packaging due to differences in suppliers, availability, or seasonal adjustments.
- Customization Impact: Customized packages may not exactly match the images shown, as they are tailored to individual preferences.
- Quality Guarantee: While product appearances may differ, we guarantee the quality and theme of the package will align with your selected options.
10. Contact Information
For questions or concerns regarding these Terms and Conditions, please contact us:
- Email: thekaleotouch@gmail.com