Terms of service

<h1>Terms of Service</h1>
<p><em>Last updated: May 26, 2026</em></p>

<p><strong>OVERVIEW</strong></p>
<p>Welcome to Kahana Designs. The terms &ldquo;we,&rdquo; &ldquo;us,&rdquo; and &ldquo;our&rdquo; refer to <strong>Kahana Designs LLC</strong>, a limited liability company based in Kailua-Kona, Hawai&#699;i, doing business as &ldquo;Kahana Designs.&rdquo; Kahana Designs LLC operates this store and website, including all related information, content, features, tools, products, and services, to provide you, the customer, with a curated shopping experience (the &ldquo;Services&rdquo;). Kahana Designs is powered by Shopify, which enables us to provide the Services to you.</p>
<p>The terms and conditions below, together with any policies referenced herein (these &ldquo;Terms of Service&rdquo; or &ldquo;Terms&rdquo;), describe your rights and responsibilities when you use the Services. Please read these Terms of Service carefully, as they include important information about your legal rights, including warranty disclaimers and limitations of liability.</p>
<p>By visiting, interacting with, or using our 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 should not use or access our Services.</p>

<h2>Section 1 &mdash; Access and Account</h2>
<p>By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state of residence, and you have given us your consent to allow any of your minor dependents to use the Services on devices you own, purchase, or manage.</p>
<p>To use the Services, including accessing or browsing our online store or purchasing any of the products or services we offer, you may be asked to provide certain information, such as your email address, billing, payment, and shipping information. You represent and warrant that all the information you provide in our store is correct, current, and complete, and that you have all rights necessary to provide this information.</p>
<p>You are solely responsible for maintaining the security of your account credentials and for all activity in your account. You may not transfer, sell, assign, or license your account to any other person.</p>

<h2>Section 2 &mdash; Our Products</h2>
<p>We have made every effort to provide an accurate representation of our products and services in our online store. However, colors or product appearance may differ from how they appear on your screen due to the type of device you use and your device settings and configuration.</p>
<p>We do not warrant that the appearance or quality of any products or services purchased by you will meet your expectations or be the same as depicted or rendered in our online store.</p>
<p>All descriptions of products are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue any product at any time and may limit the quantities of any products that we offer to any person or geographic region, on a case-by-case basis.</p>

<h2>Section 3 &mdash; Orders</h2>
<p>When you place an order, you are making an offer to purchase. Kahana Designs LLC reserves the right to accept or decline your order for any reason at its discretion. Your order is not accepted until Kahana Designs LLC confirms acceptance. We must receive and process your payment before your order is accepted. Please review your order carefully before submitting, as we may be unable to accommodate cancellation requests after an order is accepted. If we do not accept, change, or cancel an order, we will attempt to notify you by contacting the email, billing address, and/or phone number provided at the time the order was placed.</p>
<p>Your purchases are subject to return or exchange solely in accordance with our <a href="/policies/refund-policy">Refund Policy</a>.</p>
<p>You represent and warrant that your purchases are for your own personal or household use and not for commercial resale or export.</p>

<h2>Section 4 &mdash; Prices and Billing</h2>
<p>Prices, discounts, and promotions are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Unless otherwise expressly stated, posted prices do not include taxes, shipping, or handling.</p>
<p>You agree to provide current, complete, and accurate purchase, payment, and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address, credit card numbers, and expiration dates, so that we can complete your transactions and contact you as needed.</p>
<p>You represent and warrant that (i) the credit card information you provide is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes.</p>

<h2>Section 5 &mdash; Shipping and Delivery</h2>
<p><strong>Kahana Designs LLC currently ships to addresses within the United States only.</strong> Orders to addresses outside the United States cannot be accepted at this time. Please see our <a href="/policies/shipping-policy">Shipping Policy</a> for full production and transit-time details.</p>
<p>We are not liable for shipping or delivery delays. All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by shipping carriers or events outside our control. Once we transfer products to the carrier, title and risk of loss pass to you.</p>

<h2>Section 6 &mdash; Intellectual Property</h2>
<p>Our Services, including but not limited to all trademarks, brands, text, displays, images, graphics, product reviews, video, and audio, and the design, selection, and arrangement thereof, are owned by Kahana Designs LLC, its affiliates, or its licensors and are protected by U.S. and foreign patent, copyright, and other intellectual property laws.</p>
<p>These Terms permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Services without our prior written consent. Except as expressly provided herein, nothing in these Terms grants or shall be construed as granting a license or other rights to you under any patent, trademark, copyright, or other intellectual property of Kahana Designs LLC, Shopify, or any third party. Unauthorized use of the Services may be a violation of federal and state intellectual property laws. All rights not expressly granted herein are reserved by Kahana Designs LLC.</p>
<p>Kahana Designs LLC&rsquo;s names, logos, product and service names, designs, and slogans are trademarks of Kahana Designs LLC or its affiliates or licensors. You must not use such trademarks without our prior written permission. Shopify&rsquo;s name, logo, product and service names, designs, and slogans are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans on the Services are the trademarks of their respective owners.</p>

<h2>Section 7 &mdash; Optional Tools</h2>
<p>You may be provided with access to customer tools offered by third parties as part of the Services, which we neither monitor nor have any control over nor input into.</p>
<p>You acknowledge and agree that we provide access to such tools &ldquo;as is&rdquo; and &ldquo;as available&rdquo; 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.</p>
<p>Any use by you of the optional tools offered through the site is entirely at your own risk and discretion, and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).</p>

<h2>Section 8 &mdash; Third-Party Links</h2>
<p>The Services may contain materials and hyperlinks to websites provided or operated by third parties (including any embedded third-party functionality). We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites you choose to access. If you decide to leave the Services to access third-party materials or sites, you do so at your own risk.</p>
<p>We are not liable for any harm or damages related to your access of any third-party websites or your purchase or use of any products, services, resources, or content on any third-party websites. Please review the third-party&rsquo;s policies and practices carefully and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products and services should be directed to the third party.</p>

<h2>Section 9 &mdash; Relationship with Shopify</h2>
<p>Kahana Designs LLC 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 Kahana Designs LLC. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and Kahana Designs LLC, 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 Kahana Designs LLC.</p>

<h2>Section 10 &mdash; Privacy Policy</h2>
<p>All personal information we collect through the Services is subject to our <a href="/policies/privacy-policy">Privacy Policy</a>, and certain personal information may be subject to <a href="https://www.shopify.com/legal/privacy/app-users">Shopify&rsquo;s Privacy Policy</a>. By using the Services, you acknowledge that you have read these privacy policies.</p>
<p>Because the Services are hosted by Shopify, 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. Information you submit to the Services will be transmitted to and shared with Shopify and third parties that may be located in countries other than where you reside, in order to provide services to you.</p>

<h2>Section 11 &mdash; Feedback</h2>
<p>If you submit, upload, post, email, or otherwise transmit any ideas, suggestions, feedback, reviews, proposals, plans, or other content (collectively, &ldquo;Feedback&rdquo;), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute, and display such Feedback in any medium for any purpose, including for commercial use.</p>
<p>You represent and warrant that: (i) you own or have all necessary rights to all Feedback; (ii) you have disclosed any compensation or incentives received in connection with your submission of Feedback; and (iii) your Feedback will comply with these Terms. We are and shall be under no obligation (1) to maintain your Feedback in confidence; (2) to pay compensation for your Feedback; or (3) to respond to your Feedback.</p>
<p>We may, but have no obligation to, monitor, edit, or remove Feedback that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable, or that violates any party&rsquo;s intellectual property or these Terms of Service. You agree that your Feedback will not violate any right of any third party, including copyright, trademark, privacy, personality, or other personal or proprietary right.</p>

<h2>Section 12 &mdash; Errors, Inaccuracies, and Omissions</h2>
<p>Occasionally there may be information on or in the Services that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information is inaccurate at any time without prior notice (including after you have submitted your order).</p>

<h2>Section 13 &mdash; Prohibited Uses</h2>
<p>You may access and use the Services for lawful purposes only. You may not access or use the Services, directly or indirectly: (a) for any unlawful or malicious purpose; (b) to violate any federal or state regulations, rules, laws, or local ordinances; (c) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or harm any of our employees or any other person; (e) to transmit false or misleading information; (f) to send any material that does not comply with these Terms; (g) to transmit any advertising or promotional material, including any &ldquo;junk mail,&rdquo; &ldquo;chain letter,&rdquo; &ldquo;spam,&rdquo; or similar solicitation; (h) to impersonate any other person or entity; or (i) to engage in any other conduct that restricts or inhibits anyone&rsquo;s use or enjoyment of the Services.</p>
<p>You also agree not to: (a) upload or transmit viruses or any other type of malicious code; (b) reproduce, duplicate, copy, extract, sell, resell, or exploit any portion of the Services; (c) collect or track the personal information of others; (d) spam, phish, or pretext the Services; (e) use any robot, spider, scraping or data-extraction tools, or automated processes to access the Services; or (f) interfere with, bypass, or circumvent the security or authorization features we employ. We reserve the right to suspend, disable, or terminate your account at any time, without notice, if we determine that you have violated any part of these Terms.</p>

<h2>Section 14 &mdash; Termination</h2>
<p>We may terminate this agreement or your access to the Services (or any part thereof) in our sole discretion at any time without notice, and you will remain liable for all amounts due up to and including the date of termination.</p>
<p>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.</p>

<h2>Section 15 &mdash; Disclaimer of Warranties</h2>
<p>The information presented on or through the Services is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk.</p>
<p>EXCEPT AS EXPRESSLY STATED BY KAHANA DESIGNS LLC, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED &ldquo;AS IS&rdquo; AND &ldquo;AS AVAILABLE&rdquo; 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. WE DO NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.</p>

<h2>Section 16 &mdash; Limitation of Liability</h2>
<p>TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO CASE SHALL KAHANA DESIGNS LLC, ITS OWNERS, MEMBERS, MANAGERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, OR LICENSORS, OR THOSE OF SHOPIFY AND ITS AFFILIATES, 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 SERVICES OR ANY PRODUCTS PROCURED USING THE SERVICES, EVEN IF ADVISED OF THEIR POSSIBILITY.</p>
<p>In any event, the total cumulative liability of Kahana Designs LLC arising out of or related to any product or use of the Services shall not exceed the amount you actually paid to us for the specific product giving rise to the claim, or one hundred U.S. dollars (US $100), whichever is greater.</p>

<h2>Section 17 &mdash; Indemnification</h2>
<p>You agree to indemnify, defend, and hold harmless Kahana Designs LLC, Shopify, and our respective affiliates, partners, officers, directors, members, managers, employees, agents, contractors, licensors, and service providers from any losses, damages, liabilities, or claims, including reasonable attorneys&rsquo; 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) your violation of any law or the rights of a third party, or (3) your access to and use of the Services.</p>

<h2>Section 18 &mdash; Severability</h2>
<p>If any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, that provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms of Service. Such determination shall not affect the validity and enforceability of any other remaining provisions.</p>

<h2>Section 19 &mdash; Waiver &amp; Entire Agreement</h2>
<p>Our failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.</p>
<p>These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Services constitute the entire agreement and understanding between you and Kahana Designs LLC and govern your use of the Services, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written.</p>

<h2>Section 20 &mdash; Assignment</h2>
<p>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. Kahana Designs LLC may transfer, assign, or delegate these Terms and our rights and obligations without consent or notice to you.</p>

<h2>Section 21 &mdash; Governing Law</h2>
<p>These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the State of Hawai&#699;i, United States, without regard to its conflict-of-laws principles. You and Kahana Designs LLC consent to exclusive venue and personal jurisdiction in the state and federal courts located in the County of Hawai&#699;i, State of Hawai&#699;i.</p>

<h2>Section 22 &mdash; Changes to Terms of Service</h2>
<p>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, 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. We will notify you of any material changes in accordance with applicable 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.</p>

<h2>Section 23 &mdash; Contact Information</h2>
<p>Questions about these Terms of Service can be sent to:</p>
<p><strong>Kahana Designs LLC</strong><br>
Kailua-Kona, HI 96740<br>
United States<br>
Email: <a href="mailto:info@kahana.shop">info@kahana.shop</a><br>
Phone: <a href="tel:+18087474166">(808) 747-4166</a></p>