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SHIPPING
We need 3-5 business days to process your order.
CANCELS
You can contact our CS team, with your order number but we can not guarantee that your order will be cancelled or changed. If you need more assistance, feel free to reach out to us at studio@kawayancollection.com
RETURNS
We accepts returns on worldwide web orders within 14 days of the delivery date.
INTERNATIONAL ORDERS
Kawayan offers worldwide shipping through DHL. Payment of any duties and import taxes are the responsibility of the recipient and are collected at the time of delivery. Duties and taxes are not visible at checkout, they are determined by the customs agency at the destination country. We are not able to estimate these fees as they vary from country to country. For information about duties and fees you should contact your local carrier/customs office.
SECURE CHECKOUT
Your security is important to us. For full details of how we protect your payment and personal details, please read our Privacy Statement.
CLIENT SERVICES
For assistance with online orders please contact: info@kawayancollection.com
DELIVERY
Kawayan may choose the carriers at its discretion. You will find full details of our delivery periods and delivery charges upon submitting the order. If no fixed date or timeline has been agreed upon, our deliveries are performed within a maximum period of 30 days. Within two (2) business days after Kawayan delivers the products to the carrier, Kawayan will send to you all shipping documents including the commercial invoice, packing list, and air waybill to release the products to your custody. Please note that certain products may be subject to alternative delivery charges, restrictions and/or timescales. If delivery cannot be made to a customer due to the customer not being present at the address at the time allotted by the carrier or if a customer refuses to accept the products, Kawayan reserves the right to deduct the cost for returning products to the Kawayan returns center from the customer's refund for the order. All risk in the products you order (including risk of loss and/or damage to the products) shall pass to you when they are delivered to the delivery address specified in your order.
DELAYS
Where the supply of your product(s) or service(s) is delayed or prevented for reasons beyond our control (for example, material shortages, import delays or higher than anticipated demand) we will make every effort to keep you informed but shall be under no liability to you for such delay or failure. For the avoidance of doubt, this paragraph does not exclude or effect in any way any statutory right that is afforded to you to cancel an order when a product is delayed or not provided.
Last updated: february 17, 2022
These general terms and conditions of s ale (“General Terms and Conditions of Sale” or “Terms”) apply to any order you place through https://www.kawayancollection.com/ (“Website”). These General Terms and Conditions of Sale apply regardless of how you access the Website, including via any technologies or devices by which Kawayan (as defined below) makes the Website available to you at home or on the move. You must read these General Terms and Conditions of Sale carefully. By placing an order through the Website, you confirm that you have read, understood and agree to these General Terms and Conditions of Sale in their entirety and you agree to be bound by them. If you do not agree to these General Terms and Conditions of Sale in their entirety, you must not order any product or service through the Website.
Please find below information regarding:
• Seller identity
• Opening an account and placing an order • Acceptance of your order
• Payment
• Delivery
• Delays
• Your right to cancel
• Damaged or incorrectly supplied products • Product and service description
• Legal compliance and intellectual property • Liability and other legal terms
SELLER IDENTITY
The seller on record for all contracts for the purchase and sale of Kawayan products from the Website is Tapir Ltd. (“Kawayan” “we”, “our” or “us”). Kawayan will take your payment and approved carriers will deliver your orders.
OPENING AN ACCOUNT AND PLACING AN ORDER
To place an order, you will be required to provide some compulsory personal information, you may choose if this information will be kept for your next order or not. Also, when you order through the Website you will still need to provide us with certain compulsory personal information in order for us to process your order. For more information, please see our Privacy Policy.
You confirm that all information and details provided by you to us (including on registration) are true, accurate and up to date in all respects and at all times.
ACCEPTANCE OF YOUR ORDER
Please note that completion of the online checkout process does not constitute our acceptance of your offer to purchase products or services from us. We will notify you by email as soon as possible to acknowledge that we have received and are processing your order (“Confirmation Notice”). Our acceptance of your order will take place only when we despatch the product(s). This will be no later than 1 week after we have received payment from you. Prior to despatch of the product(s), Kawayan has the right to decline an order at its discretion and for any reason (for example, this may happen for legal or regulatory reasons or for reasons related to availability or stock). Kawayan shall have no liability to you as a result of such refusal of any such order submitted.
The duration of our contract with you will start from when you receive the order dispatch email and last until the last day of your right to return the products.
If we cannot supply you with the product or service you ordered, we will not process your order and inform you of this in writing (via email) and, if you have already paid for the product or service, we will refund you in full as soon as reasonably possible, but in any event no later than 14 days after receipt of your payment. If the fulfilment of an order (or any aspect of it) would be illegal or unlawful, including by reason of breach of export controls or sanctions rules, Kwawyan and the approved carriers have the right to stop or cease to fulfil the order at any time, including after dispatch of products and/or notification to you that the order has been received and is being processed. You acknowledge that Kawayan and the approved carriers shall not incur any liability in such circumstances.
PAYMENT
Prices for the products are available on the Website, but (i) duty charges may be applied at the discretion of customs (and these charges differ from country to country and are the customer's responsibility), and (ii) shipping fees are excluded from the price of the product and shall be added to the total amount before finishing the order. You may pay by third party tools that we offer (for example, PayPlus) or another alternative payment method specified as part of the checkout process. The availability of a certain payment method may depend on your geographical location. You will not be able to pay using American express.
Kawayan may change the prices and the payment methods at any time but this will not affect orders with respect to which we have already sent you a Confirmation Notice. If you place an order on our Website, then you acknowledge and agree that: (i) Kawayan will charge you through the payment method you have selected for your order and such other amounts that may accrue in connection with the order; (ii) that you will provide valid and current information for (a) yourself and (b) if applicable, another person, but only if you have first obtained their express consent or have the relevant rights to do so; (iii) that Kawayan may use tools, software or services of payment processors to process transactions on their behalf; and (iv) if your payment is not received by Kawayan for any reason from your card issuer, you agree to promptly pay all amounts due upon request and using the method that Kawayan reasonably prescribes. Payment shall be made in United Stated dollars (US$) or in New Israeli Shekels (NIS) (as available in your region and/or for the selected product). The price of products is calculated according to the rate of exchange between the base currency on our Website and the currency that you select as part of the purchase process at the time you place your order. Kawayan reserves the right to update such exchange rates regularly at its sole discretion, and you acknowledge that such updates may affect product pricing on the Website. You will be charged according to the applicable exchange rate at the time you place your order via the Website.
PRODUCT AND SERVICE DESCRIPTIONS
We have taken reasonable precautions to try to ensure that prices quoted on the Website are correct and that all products have been fairly described. However, when ordering products or services through the Website, please note that:
• orders will only be accepted if there are no material errors in the description of the goods or services or their prices as advertised on this Website;
• all prices are displayed in the available currencies and local tax where applicable unless expressly indicated otherwise;
• packaging may vary from that shown on the Website;
• the weights, dimensions and capacities shown on the Website are approximate only;
• whilst we try to display the colors of our products accurately on the Website, the actual colors you see will depend on your monitor and we cannot guarantee that your monitor's display of any color will accurately reflect the color of the product on delivery; and
• all items are subject to availability. We will inform you as soon as possible if the product(s) you have ordered are not available and we may offer alternative product(s) of equal or higher quality and value.
LEGAL COMPLIANCE AND INTELLECTUAL PROPERTY
You agree that you will not use, sell or supply any product(s) purchased from Kawayan in an unlawful manner and, in particular, will comply with all export controls and sanctions rules. All right, title and interest to any intellectual property rights embodied in the Kawayan products, and Website, and all related documentation, protocols, inventions, works of authorship, derivative works, developments or improvements thereof shall remain with Kawayan. Any rights not expressly granted in these Terms are hereby reserved by Kawayan. For the avoidance of doubt, you acknowledge that you are not granted any right or license (whether by implied license, estoppel, patent exhaustion, operation of law, or otherwise) regarding any of Kawayan’s intellectual property rights.
LIABILITY AND OTHER LEGAL TERMS
Nothing in these General Terms and Conditions of Sale limits or excludes our liability for any matter that cannot be limited or excluded by applicable law. Nothing in these General Terms and Conditions will affect your statutory rights and, in particular, we will perform our obligations under these General Terms and Conditions of Sale with reasonable care and skill. We will not be liable to you if we are prevented or delayed from complying with our obligations under these general terms and conditions of sale by anything you (or anyone acting on your behalf) does or fails to do or due to events which are beyond our reasonable control. We accept no liability for any losses or damages which are not reasonably foreseeable arising out of or in connection with these terms and conditions or your use of the website (including, for example, regarding accidents, acts of god, acts of the public enemy, earthquakes, fire, flood, pandemic and epidemic strikes, riots, civil commotion, war (declared or not), shortage of energy or water, power failure). The delayed party shall send written notice of the delay and the reason therefor to the other party as soon as possible after the party delayed knew of the cause of delay in question. You must follow any advice we give you to keep products we supply to you safe (including any instructions or product manuals provided with the products). We cannot accept liability for damage to products we have supplied which is caused by your failure to follow this advice. To the maximum extent permitted by law, in any event we will not be liable for any consequential, indirect, special, incidental or punitive damages or losses related to any business of yours including (without limitation) lost data, lost profits, lost revenues or business interruption. The aggregate liability of kawayan under, or otherwise in connection with, these terms shall not exceed the amount actually paid by customer to kawayan under the purchase order in which the liability arose. To the maximum extent permitted by law, the foregoing exclusions and limitation shall apply even if kawayan has been advised, or should have been aware, of the possibility of losses, damages, or costs, even if any remedy in these terms fails of its essential purpose; and regardless of the theory or basis of liability, including without limitation fundamental breach, negligence, misrepresentation, strict liability or other contract or tort liability. Except as expressly provided in these terms, we exclude all representations, warranties, conditions and terms (whether express or implied by statute, common law or otherwise) to the fullest extent permitted by law, including
YOUR RIGHT TO CANCEL AND RETURN
You may cancel your order within 30 minutes as of the Conformation Notice, however you may have cancellation rights governed by local legislation. Nothing in these General Terms and Conditions of Sale will affect these statutory rights.
To the maximum extent permitted by law, Kawayan does not accept returns, however, you may ask for return within fourteen (14) days as of the delivery date, provided that the destination country of such delivery is the United States of America.
DAMAGED OR INCORRECTLY SUPPLIED PRODUCTS
You should check all products you receive against your order. If the products you receive are damaged or incorrectly supplied on delivery then you must note the details of any damage or error in supply on the delivery documentation or if you are unable to view the items on receipt, you must inform us (by post, phone or email only) within a reasonable period of time. You must return the products to us as soon as possible, through mail or courier, after informing us that the products are damaged or have been incorrectly supplied. You shall bear all expenses of the delivery costs, unless we have advised otherwise in writing.
In the case of damaged or incorrectly supplied goods, we will offer you a refund. Any refunds will be given by Kawayan and will be made to the debit/credit card account provided when you placed your order and will be subject to our right to withhold amounts for products which are damaged on return or for which we arrange collection.
without limitation any implied warranties or conditions of merchantability, satisfactory quality, fitness for a particular purpose, quiet possession, non-infringement, title, quality of service, or that otherwise arise from a course of performance or dealing, or usage of trade, all of which are hereby disclaimed by kawayan and its licensors and suppliers. If any provision of these disclaimers and exclusions shall be unlawful, void or for any reason unenforceable then that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions. Other legal notices. There may be legal notices on other areas of this Website which relate to your use of the Website, all of which will, together with these Terms govern your use of this Website. Assignment and Third Party Rights. You may not assign or sub-contract any of your rights or obligations under these Terms to any third party unless we agree in writing. We may assign, transfer or sub-contract any of our rights or obligations under these Terms to any third party at our discretion. However, where we have engaged a third party to perform part of the contract with you, we remain liable towards you for the full performance of our agreement and also for the performance by the third party. To the maximum extent permitted by law, no third party shall be entitled to enforce any of these Terms. Waiver. No relaxation or delay by us in exercising any right or remedy under these Terms shall operate as waiver of that right or remedy or shall affect our ability to subsequently exercise that right or remedy. Any waiver must be agreed by us in writing. Severability. If any of these Terms are found to be illegal, invalid or unenforceable by any court of competent jurisdiction, the rest of these Terms shall remain in full force and effect. Entire Agreement. These Terms and any document expressly referred to in them set out the entire agreement between you, Kawayan and us and supersede any and all prior terms, conditions, warranties and/or representations to the fullest extent permitted by law. Governing Law and Jurisdiction. Any matters that arise out of your use of this Website (including any contract entered between you and us through the Website and any related dispute) shall be governed by the laws of Israel and, to the maximum extent permitted by law, subject to the exclusive jurisdiction of the courts of Tel Aviv, Israel. In no case may this governing law and jurisdiction prejudice the level of a consumer’s protection ensured by the laws of your country of residence.
Changes to these Terms. To the maximum extent permitted by law, we reserve the right to change and update these Terms from time to time and recommend that you revisit this page regularly to keep informed of the current Terms that apply to your use of the Website. In the event of a material change or an update to these Terms we will flag it in an appropriate way on the Website. To the maximum extent permitted by law, by continuing to access, browse and use this Website, you will be deemed to have agreed to any changes or updates to our Terms.
Last Updated: February 17, 2022
In order to ensure transparency and give you more control over your personal information, this privacy policy (“Privacy Policy”) governs how we, Tapir Ltd. (“Kawayan”, “we”, “our” or “us”) use, collect and store personal information that we collect or receive from or about you (“you”) in connection with https://www.kawayancollection.com/ (the “Website” or “e-commerce Platform”): We greatly respect your privacy, which is why we make every effort to provide a platform that would live up to the highest user privacy standards. Please read this Privacy Policy carefully, so you can fully understand our practices in relation to personal data. “Important note: Nothing in this Privacy Policy is intended to limit in any way your statutory rights, including your rights to a remedy or other means of enforcement.
TABLE OF CONTENTS:
What information we collect, why we collect it, and how it is used How we protect and retain your Personal Information
How we share your Personal Information
Your privacy rights.
Use by children
Interaction with third party products
Analytic tools
Specific provisions applicable under California privacy law
CONTACT US
This Privacy Policy can be updated from time to time and, therefore, we ask you to check back periodically for the latest version of this Privacy Policy. If we implement material changes in the way we use your information, in a manner that is different from that stated at the time of collection, we will notify you by posting a notice on our Website or by other means and take any additional steps as required by applicable law.
WHAT INFORMATION WE COLLECT, WHY WE COLLECT IT, AND HOW IT IS USED We process the following personal information:
Information you provide directly to us.We collect the following information you provide directly to us, including, without limitation, information when you browse and make use of Website (including, by purchasing an available product): full name, email address, phone number, shipping address (including, country, city, postal code), billing address (including, country, city, postal code), payment information, a as well as any other information that you decide to provide/supply us with when you communicate with Kawayan (via email, website or telephone).
Information from other Sources .Kawayan may also obtain information about you from other sources, including publicly - or commercially- available information, and through third-party data platforms, partners and service providers.
Automatic Data Collection.We may automatically collect certain information through your use of the Kawayan Website, such as your Internet protocol (IP) address, cookie identifiers and other device identifiers that are automatically assigned to your device, browser type and language, geo-location information, hardware type, operating system, internet service provider and other information about actions taken through the use of the Kawayan Website.
We process information for the following purposes:
To provide you with our Website and e-commerce Platform. Kawayan will use your information for the following purposes: (i) if you request to purchase some product through the Website, (ii) to process your request; (iii) to share your information with our partners and and/or third party related companies (for example, shipping companies); (iv) fulfill any orders made on our e-commerce Platform; (v) track transactions conducted by you; (vi) send you more information about your purchase, our products and offerings; and (vii) to personalize your experience with the Kawayan Website. For Administrative Purposes. Kawayan may use your information (i) to respond to your questions, comments, and other requests for customer support, or information, including information about potential or future services and/or products; (ii) to provide you with the Kawayan e-commerce Platform; (iii) for internal quality control purposes; and (v) to generally administer the Website and our services. To Market Kawayan. Kawayan may use information to market the Kawayan Website, e-commerce Platform and products. Such use includes (i) notifying you about offers and products that may be of interest to you; (ii) tailoring content, advertisements, and offers for you, including, targeting and re-targeting practices; (iii) conducting market research; (iv) developing and marketing new products, and to measure interest in Kawayan’s products; (v) other purposes disclosed at the time you provide information; and (vi) as you otherwise consent. Security purposes. Some of the abovementioned information will be used for detecting, taking steps to prevent and prosecuting fraud or other illegal activity; to identify and repair errors; to conduct audits; and for security purposes. Information may also be used to comply with applicable laws, with investigations performed by the relevant authorities, law enforcement purposes, and/or to exercise or defend legal claims. De-identified and Aggregated Information Use. In certain cases, we may or will anonymize or de-identify your Information and further use it for internal and external purposes, including, without limitation, to analyze and improve our services (including through the use of artificial intelligence) and for research purposes. We may use this anonymous or de-identified information and/or disclose it to third parties without restrictions (for example, in order to improve our services and enhance your experience with them and/or to develop new product features and improve existing offerings). Cookies and Similar Technologies. We, as well as third parties that provide content, advertising, or other functionality on the Kawayan Website, may use cookies, pixel tags, local storage, and other technologies (“Technologies”) to automatically collect information through the Kawayan products. We use Technologies that are essentially small data files placed on your device that allow us to record certain pieces of information whenever you visit or interact with the Kawayan products. If you would like to opt out of the Technologies we employ on the Kawayan Website, you may do so by blocking, deleting, or disabling them as your browser or device permits.
HOW WE PROTECT AND RETAIN YOUR INFORMATION
Security. We have implemented and maintain reasonable technical, organizational and security measures designed to protect your information. However, please note that we cannot guarantee that the information will not be compromised as a result of unauthorized penetration to our servers. As the security of information depends in part on the security of the computer, device or network you use to communicate with us and the security you use to protect your user IDs and passwords, please make sure to take appropriate measures to protect this information.
Retention of your information. Your information will be stored until we delete our records, and we proactively delete it, or if you send a valid deletion request. Please note that in some circumstances we may store your information for longer periods of time, for example (i) where we are required to do so in accordance with legal, regulatory, tax or accounting requirements, or (ii) for us to have an accurate record of your dealings with us in the event of any complaints or challenges, and/or (iii) if we reasonably believe there is a prospect of litigation relating to your information or dealings.
HOW WE SHARE YOUR INFORMATION
In addition to the recipients described above, we may share your information as follows:
The information Kawayan gathers is shared with our partners and other third parties. We disclose your information as is necessary for us to provide you with the e-commerce Platform, Website and the products that you purchase, including, without limitation, delivery companies and payment processor providers. We may also share with partners and other third parties, such as those identified above, in order to develop new partnerships that may improve our offerings and maintain existing partnerships. Where permitted by law, our partners and other third parties may use such information to improve their own products and services, but we do not share with third parties for their direct marketing purposes.
We may use third party service providers to process your information for the purposes outlined above, including, without limitation:
With cloud service providers for hosting purposes;
With websites and web content creation platforms in order to help us manage our Website;
With email providers, marketing, CRM, other similar tool providers and/or sales dialer software;
With analytic companies, in order to help us understand and analyze information we collect in accordance with this policy;
With billing companies; and/or
To the extent necessary, with regulators, courts, banks or competent authorities, to comply with applicable laws, regulations and rules (including, without limitation, federal, state or local laws), and requests of law enforcement, regulatory and other governmental agencies or if required to do so by court order, as well as for internal compliance procedures and to protect the safety, security, and integrity of Kawayan, our products, customers, employees, property, and the public.
If, in the future, we sell or transfer, or we consider selling or transferring, some or all of our business, shares or assets to a third party, we will disclose your information to such third party (whether actual or potential) in connection with the foregoing events (including, without limitation, our current or potential investors). In the event that we are acquired by, or merged with, a third party entity, or in the event of bankruptcy or a comparable event, we reserve the right to transfer, disclose or assign your information in connection with the foregoing events.
Where you have otherwise provided your consent to us for sharing or transferring your information.
YOUR PRIVACY RIGHTS.
Rights: You can exercise your rights by contacting us at studio@kawayancollection.com. Subject to legal and other permissible considerations, we will make every reasonable effort to honor your request promptly in accordance with applicable law or inform you if we need further information in order to fulfil your request. When processing your request, we may ask you for additional information to confirm or verify your identity and for security purposes, before processing and/or honoring your request. We reserve the right to charge a fee where permitted by law, for instance if your request is manifestly unfounded or excessive. In the event that your request would adversely affect the rights and freedoms of others (for example, would impact the duty of confidentiality we owe to others) or if we are legally entitled to deal with your request in a different way than requested, we will address your request to the maximum extent possible, all in accordance with applicable law.
USE BY CHILDREN.
We do not offer our products or services for use by children and, therefore, we do not knowingly collect information from, and/or about children under the age of 18. If you are under the age of 18, do not provide any information to us without the involvement of a parent or a guardian. In the event that we become aware that you provide information in violation of applicable privacy laws, we reserve the right to delete it. If you believe that we might have any such information, please contact us at studio@kawayancollection.com.
INTERACTION WITH THIRD PARTY PRODUCTS.
We enable you to interact with third party websites, mobile software applications and products or services that are not owned, or controlled, by us (each, a “Third Party Service”). We are not responsible for the privacy practices or the content of such Third Party Services. Please be aware that Third Party Services can collect information from you. Accordingly, we encourage you to read the terms and conditions and privacy policies of each Third Party Service.
ANALYTIC TOOLS/COOKIES
You may control the way in which your devices permit the use of cookies and other tracking technologies. If you so choose, you may block or delete our cookies from your browser; however, blocking or deleting cookies may cause some of the Website features and general functionality, to work incorrectly. Some of the cookies and tracking technologies that we use in our Website include:
Google Analytics. The Website uses a tool called “Google Analytics” to collect information about use of the Website. Google Analytics collects information such as how often users visit this Website, what pages they visit when they do so, and what other websites they used prior to coming to this Website. We use the information we get from Google Analytics to maintain and improve the Website and our products. We do not combine the information collected through the use of Google Analytics with Personal Information we collect. Google’s ability to use and share information collected by Google Analytics about your visits to this Website is restricted by the Google Analytics Terms of Service, available at https://marketingplatform.google.com/about/analytics/terms/us/, and the Google Privacy Policy, available at http://www.google.com/policies/privacy/. You may learn more about how Google collects and processes data specifically in connection with Google Analytics at http://www.google.com/policies/privacy/partners/. You may prevent your data from being used by Google Analytics by downloading and installing the Google Analytics Opt-out Browser Add-on, available at https://tools.google.com/dlpage/gaoptout/.
We reserve the right to remove or add new analytic tools, cookies, pixels and other tracking technologies.
SPECIFIC PROVISIONS APPLICABLE UNDER CALIFORNIA PRIVACY LAW California Privacy Rights: California Civil Code Section 1798.83 permits our customers who are California residents to request certain information regarding our disclosure of information to third parties for their direct marketing purposes. To make such a request, please send an email to supportcontact@kawayan.com. Please note that we are only required to respond to one request per customer each year. Our California Do Not Track Notice: Do Not Track (“DNT”) is a privacy preference that users can set in certain web browsers. Please note that we do not respond to or honor DNT signals or similar mechanisms transmitted by web browsers, but we may allow third parties, such as companies that provide us with analytics tools, to collect personally identifiable information about an individual consumer’s online activities over time and across different web sites when a consumer uses the products.
CONTACT US
If you have any questions, concerns or complaints regarding our compliance with this notice and the data protection laws, or if you wish to exercise your rights, we encourage you to first contact us at studio@kawayancollection.com.