Terms of Service

Welcome to kichly. This website, located at kichly.com, is owned and operated by Utopia Brands, LLC (referred to as "we," "our," or "us"). By accessing or using our website, purchasing our products, or interacting with our services, you agree to be bound by the following terms, conditions, and policies outlined in these Terms of Service.

Please read these Terms carefully before using our store. If you do not agree to all of the terms and conditions, you may not access the website or use our services.

1. Shopify Platform and Store Use

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products to you.

By agreeing to these Terms, you represent that you are at least the age of majority in your state of residence. You may not use our products for any illegal or unauthorized purpose, nor may you violate any laws in your jurisdiction (including but not limited to copyright laws). A breach or violation of any of these Terms will result in an immediate termination of your access to our services.

2. Accuracy of Information and Product Displays

We make every effort to display the colors, textures, and details of our cookware, pantry organization sets, and drinkware as accurately as possible. However, we cannot guarantee that your computer monitor or mobile screen will display colors perfectly accurately.

We reserve the right to limit the sales of our products to any person, geographic region, or jurisdiction within the USA. We may exercise this right on a case-by-case basis. All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time.

3. Pricing and Billing Accuracy

Prices for our products are subject to change without notice. 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, or orders that use the same billing and shipping address.

If we make a change to or cancel an order, we will attempt to notify you by contacting the email or billing address provided at the time the order was made. You agree to provide current, complete, and accurate purchase and account information for all purchases made at our store.

4. Third-Party Links and Tools

Certain content, products, and services available via our website may include materials from third parties. Third-party links on this site may direct you to websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy, and we do not warrant and will not have any liability for any third-party materials or websites.

5. User Comments, Reviews, and Feedbacks

If you send us specific submissions (such as product reviews) or creative ideas, suggestions, proposals, or plans, you agree that we may, at any time, without restriction, edit, copy, publish, distribute, and otherwise use any comments that you forward to us. We are and shall be under no obligation to maintain any comments in confidence, pay compensation for any comments, or respond to any comments.

6. Limitation of Liability and Disclaimer of Warranties

We do not guarantee, represent, or warrant that your use of our service will be uninterrupted, timely, secure, or error-free.

To the fullest extent permitted by applicable law, Utopia Brands, LLC, its directors, officers, employees, affiliates, agents, contractors, and suppliers shall not be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind. This includes, without limitation, lost profits, lost revenue, loss of 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 our services or any products procured using the service.

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.

To the fullest extent permitted by applicable law, Utopia Brands, LLC's total cumulative liability arising out of or relating to any claim, product, order, or use of the services shall not exceed the amount paid by the customer for the product giving rise to the claim.

7. Dispute Resolution: Binding Arbitration and Class Action Waiver

Please read this section carefully, as it affects your legal rights. It requires you to arbitrate disputes with kichly and limits the manner in which you can seek relief from us.

You and Utopia Brands, LLC agree that any dispute, claim, or controversy arising out of or relating to these Terms, or the breach, termination, enforcement, interpretation, or validity thereof, or the use of the website or purchase of products, shall be resolved exclusively through final and binding individual arbitration administered by the American Arbitration Association ("AAA") in accordance with its Consumer Arbitration Rules. The Federal Arbitration Act shall govern the interpretation and enforcement of this arbitration provision.

You explicitly waive your right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Unless both you and Utopia Brands, LLC agree otherwise in writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of any class or representative proceeding.

8. 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, at our sole discretion, to update, change, or replace any part of these Terms by posting updates and changes to our website. It is your responsibility to check our website periodically for changes.

9. Contact Information

Questions about the Terms of Service should be sent to us at:

kichly Compliance Team

Email: support@kichly.com

Utopia Brands, LLC