Terms
QUICK REFERENCE POLICIES
The summaries below are provided for convenience only. They do not replace the full Terms of Service below. Please review the full terms for complete details, conditions, exclusions, and limitations.
Returns & Exchanges
U.S. Customers
We accept eligible U.S. returns and exchanges within 30 days from delivery.
Items must be unused, unworn, unwashed, unaltered, undamaged, with original tags attached, and in original packaging where applicable.
If we sent the wrong item or a defective item, we will help resolve it without charging return shipping. For other eligible U.S. returns or exchanges, a $10 shipping/processing fee may apply.
Original shipping charges and related taxes are non-refundable unless required by law.
See the full Returns and Exchanges terms below for complete conditions and exclusions.
International Customers
We accept eligible international returns within 30 days from delivery, unless a longer period is required by applicable law.
Items must be unused, unworn, unwashed, unaltered, undamaged, with original tags attached, and in original packaging where applicable.
International customers are responsible for return shipping unless we sent the wrong item or a defective item. Duties, taxes, VAT, brokerage fees, customs fees, import charges, and carrier fees are generally non-refundable because they are not collected by Kawa Club unless expressly stated otherwise.
International exchanges may not be available in all countries due to inventory, shipping costs, customs restrictions, or carrier limitations.
See the full international return terms below for complete conditions and exclusions.
International Shipping, Customs Fees, Duties, Taxes & VAT
International orders may be subject to customs duties, taxes, VAT, GST, brokerage fees, carrier collection fees, customs clearance fees, import charges, or similar fees.
Unless expressly stated at checkout, these charges are not included in the shipping paid at checkout.
These charges are imposed and collected by the destination country, customs authority, carrier, broker, or other third party. They are not charged or controlled by Kawa Club unless expressly stated otherwise.
If you refuse to pay duties, taxes, VAT, brokerage fees, or import charges, your package may be delayed, returned, abandoned, destroyed, or seized. You are responsible for all resulting costs.
Customs fees, duties, taxes, VAT, brokerage fees, and import charges are generally non-refundable.
See the full International Shipping terms below for complete details.
Limited Lifetime Product Warranty
Kawa Club offers a Limited Lifetime Product Warranty on eligible Kawa Club products purchased directly from Kawa Club or an authorized channel.
This warranty covers manufacturing defects in materials and workmanship for the practical lifetime of the product under normal intended use.
Covered warranty issues may include manufacturing defects in seams, stitching, bonded construction, heat-taped construction, zippers, buckles, elastic, toggles, drawcords, snaps, buttons, and hardware.
This warranty does not cover normal wear and tear, abrasion, fading, pilling, stains, cosmetic damage, holes, tears, cuts, burns, punctures, accidents, misuse, improper care, alterations, unauthorized repairs, climbing falls, sharp rock, equipment contact, environmental hazards, or other damage caused by external forces.
Warranty coverage is for the original purchaser only, and proof of purchase is required.
If we approve a warranty claim, Kawa Club may choose, at its discretion, to repair the product, replace it, provide a comparable replacement, issue store credit, or issue a refund up to the original purchase price.
See the full Limited Lifetime Product Warranty terms below for complete coverage details, exclusions, and claim procedures.
Lost, Stolen, Delayed, Refused, Returned-to-Sender, or Marked-Delivered Packages
Once a package is handed to the carrier, delivery timing and tracking updates are controlled by the carrier.
If a package is lost or damaged in transit before delivery, contact us at contact@kawa.club so we can review the issue and, where appropriate, work with the carrier. We may require a carrier investigation, proof of loss, photos, a signed statement, or other information before approving a replacement, store credit, or refund.
If a package is marked delivered by the carrier, especially with tracking confirmation, GPS confirmation, photo proof, signature confirmation, parcel locker scan, mailroom/front desk delivery, or other proof of delivery, Kawa Club is generally not responsible for theft, loss, misplacement, or damage after delivery unless required by law.
Customers are responsible for providing a safe and accurate delivery address.
If a package is refused, returned to sender, abandoned, undeliverable, or returned because of an incorrect address, unpaid duties, failed delivery attempt, or failure to pick up the package, the customer is responsible for any related costs, including original shipping, return shipping, reshipping, carrier fees, customs fees, duties, taxes, brokerage fees, storage fees, or processing fees.
See the full shipping and delivery terms below for complete details.
Preorders & Backorders
Some products may be sold as preorders, backorders, delayed-shipment items, or otherwise not-in-stock inventory.
Estimated shipping dates are estimates only and may change due to production timing, freight delays, customs delays, fulfillment delays, carrier delays, supply chain issues, or other events outside our control.
By purchasing a preorder or backorder item, you understand that the product is not ready to ship immediately unless expressly stated otherwise.
You may cancel a preorder or backorder for a refund before it ships by contacting contact@kawa.club, unless a different lawful cancellation process is stated on the product page or at checkout.
Once a preorder or backorder item ships, the normal return and exchange policy applies.
See the full preorder and backorder terms below for complete details.
TERMS OF SERVICE
Last Updated: June 27, 2026
These Terms of Service, together with any policies, notices, product terms, checkout disclosures, return instructions, shipping notices, warranty terms, mobile/SMS terms, and other documents linked or referenced on our website, form a legally binding agreement between you and Kawa Club LLC (“Kawa Club,” “Company,” “we,” “us,” or “our”) and govern your access to and use of https://kawa.club, our Shopify storefront, our products, and any related services that link to these Terms.
Kawa Club LLC is a California limited liability company located at:
Kawa Club LLC
5820 Oberlin Dr, Suite 201
San Diego, CA 92121
United States
Email: contact@kawa.club
By accessing our website, creating an account, placing an order, signing up for notifications, participating in a promotion, submitting content, or otherwise using our services, you agree to these Terms. If you do not agree, do not use the website or purchase products from us.
Important Notice: These Terms include an arbitration agreement and class action waiver. This means that, to the extent permitted by law, disputes must be resolved through individual binding arbitration rather than in court or as part of a class action. Please review the Dispute Resolution, Arbitration Agreement, and Class Action Waiver sections below carefully.
These Terms do not limit any rights that cannot be waived under applicable consumer protection law.
1. Agreement to These Terms
You agree to be bound by these Terms when you use the website or purchase from Kawa Club. You also agree to any supplemental terms that apply to specific products, drops, promotions, preorders, backorders, warranty claims, returns, shipping methods, mobile messaging programs, or other features.
If there is a conflict between these Terms and a more specific policy or product disclosure shown at checkout or on a product page, the more specific disclosure will control for that specific matter, unless prohibited by law.
You are responsible for reviewing these Terms before using the website or placing an order.
2. Eligibility and Minors
You must be at least 13 years old to use the website.
You must be at least 18 years old, or the age of majority in your jurisdiction, to place an order. If you are under the age of majority, you may use the website or place an order only with the consent and supervision of a parent or legal guardian. By using the website or placing an order, you represent that you meet these requirements.
We do not knowingly collect personal information from children under 13. If we learn that we have collected personal information from a child under 13 without required parental consent, we will take steps to delete it as required by law.
3. Changes to These Terms
We may update these Terms from time to time. The “Last Updated” date above shows when these Terms were last revised.
Changes apply prospectively after they are posted, unless otherwise stated or required by law. Your continued use of the website after revised Terms are posted means you accept the revised Terms.
We may also modify products, prices, promotions, shipping methods, return procedures, warranty procedures, and other policies at any time, subject to applicable law and any rights that already apply to completed purchases.
4. Online Store Terms
Our store is hosted through Shopify and may use third-party payment processors, fulfillment providers, customer support tools, analytics providers, marketing tools, shipping carriers, apps, and other service providers.
You may not use our website, products, or services for any unlawful purpose. You may not interfere with the operation, security, availability, or integrity of the website.
You agree not to transmit viruses, malware, malicious code, automated scripts, scraping tools, credential-stuffing tools, bots, or any other technology that may harm, interfere with, overload, extract from, or manipulate our website, checkout, inventory, systems, data, or customers.
5. Customer Accounts
You may be able to create or use a customer account. You are responsible for maintaining the confidentiality of your account credentials and for all activity under your account.
You agree to provide accurate, current, and complete account, billing, shipping, and contact information. We are not responsible for problems caused by inaccurate, outdated, or incomplete information provided by you.
We may suspend, restrict, or terminate accounts, cancel orders, refuse service, or block access where we reasonably believe there has been fraud, abuse, unlawful activity, chargeback abuse, reseller abuse, bot activity, violation of these Terms, or conduct that threatens our business, customers, partners, or website.
6. Product Information, Colors, Fit, Sizing, and Availability
We make reasonable efforts to describe and display products accurately. However, product photos, colors, fabric appearance, sizing, fit, texture, finishes, measurements, and technical details may vary due to photography, lighting, display settings, manufacturing tolerances, fabric lots, garment washing, pattern revisions, production changes, and normal variation.
Sizing charts, fit notes, product descriptions, and customer support guidance are provided for convenience and are not guarantees of fit. You are responsible for selecting the size, product, and color that works for you.
Products may be modified, discontinued, restocked, delayed, limited, or made unavailable at any time. We do not guarantee that any product, size, color, release, promotion, or replacement item will remain available.
7. Orders, Acceptance, and Cancellation
Placing an order does not mean we have accepted the order. Order confirmation emails confirm that we received your order request. We reserve the right to accept, reject, limit, cancel, or modify any order, including after payment authorization or payment capture, where permitted by law.
We may cancel or refuse orders for reasons including suspected fraud, payment issues, pricing errors, inventory errors, product listing errors, shipping restrictions, duplicate orders, reseller activity, automated purchasing, abuse of promotions, incorrect address information, or violation of these Terms.
If we cancel an order after payment has been captured, we will issue a refund for the cancelled portion of the order to the original payment method, unless otherwise required by law.
You may request to cancel an order before it ships, but cancellation is not guaranteed unless required by law or expressly stated in the applicable product terms. Once an order has been processed, packed, labeled, transferred to a fulfillment partner, or shipped, it may no longer be cancellable.
8. Pricing, Errors, and Inaccuracies
Prices are listed in the currency displayed at checkout and may change at any time.
We reserve the right to correct errors, inaccuracies, or omissions, including errors in product descriptions, photos, colors, sizing, availability, shipping estimates, promotions, discounts, taxes, duties, and pricing. We may correct errors even after an order is submitted.
If a product is listed at an incorrect price or with incorrect information, we may cancel the order and refund any amount paid, unless prohibited by law.
We are not required to honor pricing, promotions, or product information that resulted from typographical errors, technical errors, app errors, platform errors, unauthorized discount codes, inventory sync issues, or other mistakes.
9. Payment Authorization
By placing an order, you represent that you are authorized to use the payment method provided and authorize us and our payment processors to charge the total amount shown at checkout, including product price, shipping, taxes, duties where applicable, fees, and any other charges you approve.
Payments may be processed by third-party payment processors such as Shopify Payments, Stripe, PayPal, Shop Pay, credit card networks, installment/payment providers, or other providers. Your use of those services may be subject to their terms and policies.
We do not control and are not responsible for payment processor decisions, including declined payments, fraud holds, financing decisions, payment delays, account restrictions, or payment platform errors.
10. Sales Tax
We collect sales tax where we determine it is required. Tax amounts may depend on your shipping address, billing address, product type, tax rules, marketplace rules, and system calculations.
If we do not collect tax, you may still be responsible for any applicable use tax, import tax, VAT, GST, customs duty, brokerage fee, or similar charge imposed by your jurisdiction.
Tax treatment may change. We may update tax collection practices at any time to comply with law.
11. Discount Codes, Promotions, Drops, Limited Releases, and Early Access
Discount codes, promotional offers, early access, free shipping thresholds, giveaways, and limited releases are subject to the terms shown with the offer.
Unless expressly stated otherwise, promotions may not be combined, applied retroactively, transferred, redeemed for cash, or used after expiration. We may modify, cancel, limit, or refuse promotions where permitted by law.
We may limit quantities per person, account, household, payment method, IP address, shipping address, billing address, or order. We may cancel orders that appear to abuse promotions, evade limits, use unauthorized discount codes, or interfere with fair customer access to limited inventory.
Early access does not guarantee availability. Product drops may sell out quickly. Adding an item to cart does not reserve inventory unless checkout is completed and the order is accepted.
12. Preorders and Backorders
Some products, sizes, or colors may be sold as preorders, backorders, made-to-order products, delayed-shipment products, or otherwise not-in-stock inventory. Product pages, cart pages, checkout pages, banners, emails, or other notices may provide estimated shipping windows.
By purchasing a preorder or backorder product, you acknowledge that:
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the item is not in-stock inventory unless expressly stated otherwise;
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estimated shipping dates are estimates only and may change;
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production, freight, customs, fulfillment, and carrier delays may occur;
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product details, packaging, components, or timing may be updated where reasonably necessary;
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your payment method may be charged at the time of purchase, before shipment;
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you may cancel for a refund before shipment by contacting contact@kawa.club, unless the product page states a different lawful cancellation process; and
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once the order ships, the normal return and exchange policy applies.
We will make reasonable efforts to provide accurate shipping estimates and delay updates. If a preorder or backorder is materially delayed, we will provide cancellation/refund options as required by applicable law.
13. Shipping Timelines and Delivery Estimates
Shipping and delivery dates are estimates unless we expressly state in writing that a date is guaranteed.
Estimated fulfillment time is the time we expect to prepare an order for shipment. Estimated transit time is the carrier’s estimated time after the package is handed to the carrier. These are different.
We are not responsible for delays caused by events outside our reasonable control, including carrier delays, customs delays, port delays, production delays, weather, natural disasters, strikes, labor shortages, supply chain issues, incorrect addresses, payment issues, fraud review, customs inspections, import restrictions, or force majeure events.
Where required by law, if we cannot ship within the promised shipping window or, if no shipping window was provided, within the legally required timeframe, we will provide notice and options required by law.
14. Incorrect or Incomplete Addresses
You are responsible for providing a complete and accurate shipping address at checkout.
If you provide an incorrect, incomplete, undeliverable, outdated, or restricted address, you are responsible for resulting costs, including return-to-sender charges, address correction fees, carrier fees, storage fees, customs charges, reshipping fees, and replacement shipping.
If a package is returned to us because of an address issue, failed delivery attempt, refusal, failure to pick up, or other customer-caused delivery issue, we may, at our discretion:
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reship the order after you pay reshipping costs and any additional fees;
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refund the product price minus original shipping, return shipping, carrier fees, duties, taxes, processing fees, and other non-refundable costs; or
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treat the order as abandoned if you do not respond within a reasonable time, subject to applicable law.
We are not responsible for packages delivered to an address entered by the customer, even if the address was entered incorrectly.
15. Lost, Stolen, Delayed, Refused, Returned-to-Sender, or Marked-Delivered Packages
If a package is lost or damaged in transit before delivery, contact us at contact@kawa.club. We may require a carrier investigation, claim process, police report, signed declaration, photos, or other information before approving a replacement or refund.
If a carrier confirms that a package was lost in transit, we may provide a replacement, comparable replacement, store credit, or refund at our discretion, subject to inventory and applicable law.
If a package is marked delivered by the carrier, especially with GPS confirmation, photo proof of delivery, signature confirmation, delivery scan, parcel locker scan, front desk/mailroom scan, or other proof of delivery, Kawa Club is not responsible for theft, loss, damage, misplacement, or disappearance after delivery unless required by law.
You are responsible for providing a secure delivery location. If package theft is a concern, use a secure address, office address, parcel locker, signature service if available, or shipping insurance if offered.
If you refuse delivery, fail to pay duties, fail to pick up a package, or otherwise cause a package to be returned or abandoned, you are responsible for all related costs. Refunds, if any, may be reduced by original shipping, return shipping, duties, taxes, carrier fees, customs fees, brokerage fees, storage fees, processing fees, and non-recoverable charges.
16. International Shipping, Customs, Duties, Taxes, VAT, Brokerage, and Import Fees
International customers are responsible for complying with the laws and import rules of the destination country.
Unless expressly stated at checkout, shipping paid at checkout does not include customs duties, taxes, VAT, GST, import charges, brokerage fees, carrier collection fees, customs clearance fees, advancement fees, or similar charges.
These charges are imposed, collected, assessed, or administered by the destination country, customs authority, carrier, broker, or other third party. They are not collected by Kawa Club unless expressly stated otherwise at checkout.
International duties, taxes, VAT, brokerage fees, and import charges are generally non-refundable because they are not collected by Kawa Club. If you refuse to pay duties, taxes, or import charges, your package may be delayed, returned, abandoned, destroyed, or seized. You are responsible for all resulting costs.
Free international shipping, discounted shipping, or promotional shipping does not mean duties, taxes, VAT, brokerage fees, or import charges are included unless expressly stated.
Customs delays are outside our control. We are not responsible for delays, refusals, seizures, restrictions, additional documentation requests, or charges imposed by customs or destination-country authorities.
17. U.S. Returns and Exchanges
We accept eligible U.S. returns and exchanges within 30 days from delivery.
To be eligible, products must be unused, unworn, unwashed, unaltered, undamaged, unsoiled, with original tags attached, and with original packaging where applicable.
Returns and exchanges require approval through our return process or customer support. Unauthorized returns may be refused or returned to sender.
If we sent the wrong item or a defective item, we will handle the exchange, return, or replacement without charging the customer return shipping, subject to inspection and approval.
For other eligible U.S. returns and exchanges, a $10 shipping/processing fee may apply.
If an item is sold out, unavailable, discontinued, or not reasonably replaceable, an exchange may not be possible. In that case, the request may be processed as a return, store credit, refund, or comparable replacement at our discretion.
Original shipping charges are non-refundable unless required by law. Taxes associated with non-refundable shipping or fees are non-refundable unless required by law. Taxes on refunded merchandise will be handled as required by applicable law.
Refunds are generally issued to the original payment method. Processing times may depend on payment processors and banks.
We may reject returns or exchanges that are late, used, worn, washed, altered, damaged, soiled, missing tags, missing packaging, contaminated, sent without approval, or otherwise outside this policy. Rejected items may be returned to the customer at the customer’s expense.
18. Non-U.S. Returns and Exchanges
We accept eligible non-U.S. returns within 30 days from delivery unless a longer period is required by applicable law.
To be eligible, products must be unused, unworn, unwashed, unaltered, undamaged, unsoiled, with original tags attached, and with original packaging where applicable.
International customers are responsible for return shipping costs unless we sent the wrong item or a defective item.
If we sent the wrong item or a defective item, we will handle the exchange, return, replacement, or refund without charging the customer return shipping, subject to inspection and approval.
International duties, taxes, VAT, brokerage fees, import charges, customs fees, and carrier fees are generally non-refundable because they are not collected by Kawa Club unless expressly stated otherwise.
International exchanges may not be available in all countries due to cost, inventory, customs restrictions, delivery restrictions, or carrier limitations. We may process an eligible request as a return, refund, store credit, comparable replacement, or other lawful remedy at our discretion.
You are responsible for properly marking return shipments and complying with customs requirements. We are not responsible for international returns lost in transit, delayed by customs, rejected by customs, abandoned, or returned with unpaid postage, duties, taxes, or fees.
Nothing in this section limits any non-waivable rights you may have under applicable local consumer protection law.
19. Final Sale Items
Items marked “final sale,” “no returns,” “no exchanges,” “sample sale,” “archive sale,” “defective as disclosed,” “seconds,” “mystery,” “gift card,” or similar are not eligible for return, exchange, refund, or price adjustment unless required by law or unless we sent the wrong item.
Discounted items are returnable only if the applicable product page, promotion, or checkout disclosure does not state that they are final sale.
Final sale restrictions do not eliminate your rights for wrong items, covered defects, or rights that cannot be waived under applicable law.
20. Limited Lifetime Product Warranty
20.1 Limited Warranty
Kawa Club provides a Limited Lifetime Product Warranty for eligible Kawa Club products purchased directly from Kawa Club or an authorized channel.
This warranty covers manufacturing defects in materials and workmanship for the practical lifetime of the product under normal intended use.
“Lifetime” means the practical lifetime of the product, not the lifetime of the purchaser. The practical lifetime of apparel and outdoor goods depends on the product type, fabric, construction, use, frequency of wear, care, storage, activity, environment, and exposure to abrasion, rock, equipment, weather, chemicals, washing, heat, sunlight, and external forces.
This warranty is limited to the original purchaser and is not transferable. Proof of purchase is required.
20.2 Covered Defects
Covered defects may include manufacturing defects in:
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seams;
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stitching;
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bonded construction;
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heat-taped construction;
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zippers;
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buckles;
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elastic components;
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toggles;
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drawcords;
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snaps;
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buttons;
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hardware; and
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other components where the failure was caused by a manufacturing defect in materials or workmanship.
20.3 Warranty Exclusions
This warranty does not cover:
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normal wear and tear;
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abrasion;
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fading;
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pilling;
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stains;
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odor;
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cosmetic damage;
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holes;
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tears;
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cuts;
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burns;
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punctures;
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snags;
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delamination or damage caused by improper washing, drying, storage, heat, chemicals, or care;
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accidents;
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misuse;
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abuse;
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improper care;
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improper storage;
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alterations;
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unauthorized repairs;
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damage from climbing falls;
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damage from sharp rock;
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damage from ropes, harnesses, crash pads, skis, boards, packs, tools, hardware, or other equipment contact;
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damage from trees, brush, rocks, pavement, fire, water, salt, mold, mildew, animals, vehicles, or environmental hazards;
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damage caused by external forces;
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counterfeit products;
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secondhand purchases;
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products purchased from unauthorized sellers;
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products without proof of purchase;
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fit, sizing, comfort, preference, or ordinary fabric performance issues; or
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any issue not caused by a manufacturing defect.
Apparel used for climbing, outdoor activity, skiing, hiking, camping, workwear-style activity, travel, or daily use will naturally show wear. Wear from actual use is not a manufacturing defect.
20.4 Warranty Remedies
If we determine that a product has a covered defect, Kawa Club may, at its discretion:
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repair the product;
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replace the product with the same product;
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replace the product with a comparable product;
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issue store credit;
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issue a refund up to the original purchase price; or
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provide another remedy required by law.
Replacement products are subject to availability. Exact color, size, model, version, fabric, hardware, or style replacements are not guaranteed.
Warranty remedies are limited to the product itself. To the maximum extent permitted by law, this warranty does not cover indirect, incidental, special, consequential, or punitive damages.
20.5 Warranty Claim Process
To submit a warranty claim, contact contact@kawa.club with:
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order number or proof of purchase;
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product name, size, and color;
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clear photos of the issue;
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a description of how and when the issue occurred; and
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any other information reasonably requested for inspection.
We may require the product to be returned for inspection before approving a warranty claim. All warranty decisions are subject to inspection and approval by Kawa Club.
Fraudulent, altered, misleading, or incomplete warranty claims may be denied.
20.6 State Law Rights
This Limited Lifetime Product Warranty gives you specific legal rights. You may also have other rights that vary by state or jurisdiction.
To the extent required by law, implied warranties are not disclaimed. To the extent permitted by law, any implied warranties are limited to the duration and scope of this Limited Lifetime Product Warranty. Some jurisdictions do not allow limitations on implied warranties or exclusions of certain damages, so some limitations may not apply to you.
21. Product Use, Outdoor Activity, and Assumption of Risk
Kawa Club sells apparel, outdoor goods, accessories, and related products. Unless a product is expressly labeled, rated, certified, and sold by us as safety equipment, protective equipment, personal protective equipment, climbing equipment, life-safety equipment, fall-protection equipment, or load-bearing equipment, it is not safety equipment.
Climbing, bouldering, hiking, camping, skiing, snowboarding, travel, outdoor activity, training, and related activities involve inherent risks, including injury, death, property damage, weather exposure, falls, impact, abrasion, equipment failure, environmental hazards, and actions of other people.
You are responsible for using judgment, training, supervision, appropriate safety equipment, and proper technique. You are responsible for inspecting products before use and discontinuing use if a product appears damaged, unsafe, worn out, defective, or inappropriate for the activity.
Kawa Club products do not eliminate risk and are not a substitute for skill, training, supervision, certified safety gear, or professional instruction.
To the maximum extent permitted by law, you assume all risks arising from your use or misuse of our products in outdoor, climbing, athletic, travel, workwear-style, or other activities.
22. Carabiners, Clips, Accessories, and Decorative Items
Some Kawa Club accessories, including carabiners, clips, keychains, hardware, decorative accessories, or similar products, may be decorative or general-use accessories only.
Unless a product is expressly marked by Kawa Club as climbing-rated, load-rated, certified, and intended for climbing or life-safety use, it is not for climbing, not for load-bearing use, not for fall protection, and not life-safety equipment.
Do not use decorative or non-rated accessories to support body weight, protect against falls, anchor equipment, climb, rappel, belay, lift, tow, secure heavy loads, or perform any safety-critical function.
You are responsible for reading product labels, warnings, product descriptions, and care instructions before use.
23. Care Instructions
You are responsible for following product care instructions. Failure to follow care instructions may damage products and may void warranty coverage.
Improper washing, drying, bleaching, ironing, dry cleaning, storage, chemical exposure, heat exposure, prolonged sun exposure, salt exposure, mildew, or contamination may cause damage that is not covered by warranty.
24. User Content, Reviews, Photos, Tags, and Social Media Submissions
You may submit, post, tag, upload, send, or otherwise make available reviews, photos, videos, comments, feedback, testimonials, social media posts, messages, ideas, suggestions, or other content involving Kawa Club, our products, our branding, or our community (“User Content”).
By submitting User Content to us, tagging @kawa.club, using Kawa Club hashtags, responding with approval to a request to use your content, or otherwise making User Content available to us in a way that reasonably indicates permission for brand use, you grant Kawa Club a worldwide, perpetual, irrevocable, royalty-free, transferable, sublicensable license to use, reproduce, repost, publish, display, distribute, edit, crop, adapt, create derivative works from, advertise with, and otherwise exploit the User Content in any media, including our website, social media, email, SMS, ads, product pages, packaging, retail displays, presentations, and other marketing or commercial materials.
You represent and warrant that:
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you own or have the rights necessary to grant this license;
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the User Content does not infringe any copyright, trademark, privacy right, publicity right, contract right, or other right;
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you have permission from all people shown or referenced in the User Content;
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the User Content is truthful and not misleading;
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any review or testimonial reflects your honest opinion and actual experience;
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you will clearly disclose any material connection, sponsorship, discount, gift, payment, employment, contractor relationship, or incentive if required by law; and
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the User Content does not contain unlawful, defamatory, threatening, obscene, harassing, hateful, or otherwise improper material.
We may use your name, username, handle, image, likeness, voice, caption, location tag, and other information associated with the User Content in connection with our use of that content.
You may request that we stop future use of specific User Content by contacting contact@kawa.club. We will review reasonable requests, but removal may not affect prior uses, already-produced materials, paid ads already in circulation, archived content, cached content, third-party reposts, or uses already completed.
We may moderate, remove, refuse, or decline to publish User Content for lawful reasons, including spam, fraud, abuse, infringement, offensive content, irrelevant content, false statements, privacy concerns, or violation of these Terms. We do not promise to publish any User Content.
25. Feedback and Ideas
If you send us feedback, ideas, concepts, designs, improvements, product suggestions, names, slogans, or other suggestions, you agree that we may use them without restriction, attribution, or compensation to you, unless we separately agree in a signed writing.
Do not send confidential information, proprietary designs, or ideas you expect to own or control unless we have signed a separate written agreement.
26. Intellectual Property
The website and its contents are owned by or licensed to Kawa Club and are protected by copyright, trademark, trade dress, unfair competition, and other laws.
This includes, to the extent protected by law, our brand names, logos, product names, product designs, garment silhouettes, patterns, construction details, technical features, tech packs, CADs, photography, videos, graphics, website design, written copy, artwork, packaging, labels, marketing materials, and overall brand presentation.
You may use the website only for personal, non-commercial shopping and informational purposes.
You may not copy, reproduce, distribute, modify, display, publish, scrape, sell, resell, exploit, imitate, create derivative works from, or use our intellectual property without our prior written permission.
You may not use Kawa Club content, photos, videos, product pages, reviews, designs, product names, branding, or trade dress to create, market, sell, advertise, source, manufacture, promote, or assist with competing, counterfeit, confusingly similar, infringing, or unauthorized products.
Purchasing a Kawa Club product does not grant you any ownership interest or license in our intellectual property.
27. Anti-Copying, Anti-Reverse-Engineering, Anti-Counterfeit, and Resale Abuse
You may not purchase, access, photograph, measure, disassemble, deconstruct, analyze, or use Kawa Club products, product pages, content, or materials for the purpose of copying, cloning, counterfeiting, reverse engineering, manufacturing, sourcing, competing with, or assisting any third party in copying or competing with Kawa Club.
You may not:
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create counterfeit Kawa Club products;
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sell products falsely associated with Kawa Club;
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use our photos, videos, copy, logos, or product listings to sell other products;
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misrepresent yourself as Kawa Club or an authorized Kawa Club seller;
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use our product designs, trade dress, garment details, or branding to manufacture confusingly similar goods;
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scrape or copy our website for competitive or commercial use;
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create fake websites, ads, product listings, social accounts, or marketplace listings using Kawa Club intellectual property;
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assist factories, suppliers, sellers, distributors, or competitors in copying Kawa Club products; or
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purchase products for unauthorized commercial resale, product development reference, or competitive analysis.
We reserve all rights and remedies, including takedown notices, cease and desist demands, platform complaints, customs enforcement, civil claims, injunctive relief, damages, attorneys’ fees where available, and other legal action.
Nothing in this section restricts rights that cannot be limited by law.
28. Prohibited Uses
You agree not to:
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violate any law or regulation;
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infringe our rights or any third party’s rights;
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use the website for fraud, deception, spam, harassment, or abuse;
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submit false, misleading, or inaccurate information;
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impersonate any person or entity;
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use bots, scripts, scrapers, crawlers, automated checkout tools, queue-jumping tools, or similar technologies;
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bypass purchase limits, checkout protections, fraud controls, security features, or access restrictions;
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interfere with product drops, releases, inventory systems, checkout, or website operations;
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use stolen payment information or unauthorized payment methods;
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place orders for unlawful resale or export;
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engage in chargeback abuse, return abuse, warranty abuse, promotion abuse, or customer support abuse;
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upload malicious code or attempt unauthorized access;
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collect, harvest, or misuse customer, account, website, or business data;
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use our website or products to compete with us without authorization;
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threaten, harass, intimidate, or abuse our employees, contractors, partners, or customers; or
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do anything that we reasonably believe harms Kawa Club, our customers, our partners, our website, or our business.
29. Bots, Automated Purchasing, Fraudulent Orders, and Reseller Restrictions
We may use fraud detection, bot protection, manual review, purchase limits, account restrictions, address restrictions, payment verification, queue systems, CAPTCHA, order cancellation, or other controls to protect limited releases and customer access.
We may cancel orders that appear to be placed by bots, resellers, dealers, distributors, buying groups, forwarding networks, freight-forwarding abuse, payment fraud, discount abuse, multiple-account abuse, or other activity inconsistent with personal consumer purchasing.
We do not guarantee that bot protection, fraud tools, or purchase limits will prevent all abuse.
Unauthorized resale is prohibited unless we approve it in writing. Products purchased from unauthorized sellers may not be eligible for returns, exchanges, warranty coverage, customer support, authenticity verification, or other services.
30. Chargebacks, Fraud, Abuse, and Account Termination
If there is an issue with an order, contact contact@kawa.club first so we can review it.
Nothing in these Terms limits your lawful rights to dispute unauthorized charges or billing errors. However, fraudulent, abusive, false, or bad-faith chargebacks may result in order cancellation, account termination, refusal of service, recovery efforts, evidence submission to payment processors, and other remedies available by law.
We may refuse service, cancel orders, block accounts, reject returns, deny warranty claims, or terminate access if we reasonably believe you have engaged in fraud, abuse, harassment, threats, chargeback abuse, return abuse, warranty abuse, reseller abuse, intellectual property misuse, or violation of these Terms.
31. Email and SMS Marketing
By providing your email address or phone number in connection with an order, account, support request, return, warranty claim, or other transaction, you agree that we may send you transactional messages related to that interaction, including order confirmations, shipping updates, delivery updates, account notices, return updates, warranty communications, customer support responses, and legal notices.
Marketing emails and SMS/text messages are sent only where permitted by law and based on consent or another lawful basis. Marketing consent is not required to make a purchase.
If you sign up for email marketing, you may unsubscribe using the unsubscribe link in our emails or by following other instructions provided.
If you sign up for SMS/text messaging, you agree to receive recurring text messages from or on behalf of Kawa Club at the phone number provided. These may include promotional messages, cart reminders, product alerts, drop notifications, and transactional messages. Message frequency varies. Message and data rates may apply. Consent is not a condition of purchase.
You may opt out of SMS/text messages by replying STOP or using another opt-out method provided in the message. For help, reply HELP or contact contact@kawa.club.
Wireless carriers are not liable for delayed or undelivered messages. We are not responsible for failed, delayed, misdirected, blocked, filtered, or undelivered messages caused by carriers, platforms, device settings, phone number changes, filtering systems, or third-party providers.
Our Privacy Policy explains how we collect and use personal information.
32. Third-Party Tools, Platforms, Apps, and Links
We may use third-party tools, platforms, apps, integrations, processors, carriers, service providers, and links, including Shopify, payment processors, fraud tools, Klaviyo, Meta, TikTok, Pinterest, Google, analytics providers, customer support tools, fulfillment providers, warehouses, 3PLs, shipping carriers, returns platforms, review platforms, and other providers.
Third-party services may be subject to their own terms and privacy policies. We do not control and are not responsible for third-party websites, platforms, tools, services, policies, actions, delays, errors, outages, security incidents, pricing, fees, or decisions.
Links to third-party websites are provided for convenience only and do not mean we endorse or control those websites.
33. Privacy Policy
Our Privacy Policy is incorporated into these Terms by reference.
By using the website or purchasing from us, you acknowledge that we collect, use, disclose, and process personal information as described in our Privacy Policy.
If you are a California resident or resident of another jurisdiction with privacy rights, you may have additional rights described in our Privacy Policy or privacy notices.
These Terms do not replace our Privacy Policy.
34. Disclaimer of Website Warranties
The website, content, services, and third-party integrations are provided on an “as is” and “as available” basis.
To the maximum extent permitted by law, we disclaim all warranties related to the website and services, whether express, implied, statutory, or otherwise, including warranties of merchantability, fitness for a particular purpose, title, non-infringement, accuracy, availability, security, and uninterrupted operation.
We do not guarantee that the website will be error-free, uninterrupted, secure, current, complete, or free from viruses or harmful components.
This section does not limit any express written product warranty we provide for eligible products or any rights that cannot be waived under law.
35. Disclaimer of Product Warranties Except as Stated
Except for the Limited Lifetime Product Warranty stated above, and except as required by law, products are provided without additional warranties.
We do not warrant that apparel or outdoor goods will prevent injury, withstand every activity, last for a particular number of years, remain waterproof forever, remain water-resistant forever, resist all abrasion, fit every body type, match every customer expectation, or be suitable for every use.
Any product performance descriptions are general descriptions, not guarantees of safety, durability, or suitability for a particular activity unless expressly stated.
Some jurisdictions do not allow limitations or exclusions of warranties, so some limitations may not apply to you.
36. Limitation of Liability
To the maximum extent permitted by law, Kawa Club LLC and its owners, officers, employees, contractors, agents, service providers, suppliers, affiliates, and partners will not be liable for indirect, incidental, special, consequential, exemplary, punitive, or enhanced damages, including lost profits, lost revenue, loss of data, loss of goodwill, replacement costs, personal inconvenience, delay damages, or business interruption.
To the maximum extent permitted by law, our total liability for any claim relating to the website, services, or products will not exceed the greater of:
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the amount you paid to Kawa Club for the product or order giving rise to the claim; or
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$100.
These limitations apply regardless of legal theory, including contract, tort, negligence, strict liability, warranty, statute, or otherwise, even if we have been advised of the possibility of damages.
Nothing in these Terms limits liability that cannot be limited under applicable law, including liability for intentional misconduct, gross negligence where not waivable, or certain personal injury or consumer protection claims where limitation is prohibited.
37. Indemnification
To the maximum extent permitted by law, you agree to defend, indemnify, and hold harmless Kawa Club LLC and its owners, officers, employees, contractors, agents, service providers, suppliers, affiliates, and partners from and against any claims, damages, losses, liabilities, costs, and expenses, including reasonable attorneys’ fees, arising out of or relating to:
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your use or misuse of the website, products, or services;
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your violation of these Terms;
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your violation of law;
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your violation of any third-party rights;
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your User Content;
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your fraud, abuse, or misrepresentation;
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your unauthorized resale or export;
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your copying, counterfeiting, reverse engineering, or infringement; or
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your misuse of products, including outdoor or climbing-related misuse.
We reserve the right to control the defense of any matter subject to indemnification, and you agree to cooperate with us.
This indemnity does not apply where prohibited by law.
38. Force Majeure
We are not responsible for delay, failure, damage, loss, or inability to perform caused by events outside our reasonable control, including natural disasters, severe weather, fire, flood, earthquake, pandemic, epidemic, labor disputes, strikes, lockouts, war, terrorism, civil unrest, government action, customs action, port delays, transportation delays, supply shortages, factory delays, carrier issues, power outages, internet outages, cyberattacks, platform outages, payment processor outages, Shopify outages, third-party provider failures, or other events beyond our reasonable control.
39. Errors, Inaccuracies, and Omissions
The website may contain typographical errors, inaccuracies, omissions, outdated information, or technical errors. These may relate to product descriptions, colors, sizes, fit, measurements, availability, pricing, promotions, shipping estimates, duties, taxes, warranty terms, return eligibility, or other information.
We reserve the right to correct, update, or cancel information at any time without prior notice, including after an order is submitted, where permitted by law.
40. Right to Refuse Service
We reserve the right to refuse service, cancel orders, limit quantities, suspend accounts, restrict access, deny claims, or terminate use of the website where permitted by law.
We may exercise this right for reasons including suspected fraud, abuse, threats, harassment, unlawful activity, payment issues, chargeback abuse, return abuse, warranty abuse, reseller abuse, bot activity, intellectual property misuse, violation of these Terms, or activity that harms Kawa Club, our customers, our partners, or our business.
41. Dispute Resolution; Informal Resolution First
Before filing a claim, you and Kawa Club agree to try to resolve disputes informally.
A party with a dispute must first send written notice to the other party with a description of the claim, the requested relief, and enough information to evaluate the issue.
Notices to Kawa Club must be sent to:
Kawa Club LLC
5820 Oberlin Dr, Suite 201
San Diego, CA 92121
United States
Email: contact@kawa.club
You and Kawa Club agree to provide a reasonable opportunity to resolve the dispute informally before arbitration or court proceedings are started, unless emergency injunctive relief is needed or the claim is eligible for small claims court.
42. Arbitration Agreement
Please read this section carefully. It affects your legal rights.
Except for disputes that qualify for small claims court, disputes involving intellectual property or unauthorized use of Kawa Club content or products, claims seeking emergency injunctive relief, claims that cannot lawfully be compelled to arbitration, and claims for public injunctive relief where required by California law, you and Kawa Club agree that any dispute, claim, or controversy arising out of or relating to these Terms, the website, products, orders, returns, warranty claims, communications, marketing, or your relationship with Kawa Club will be resolved by binding arbitration instead of in court.
This arbitration agreement is governed by the Federal Arbitration Act.
The arbitration will be administered by the American Arbitration Association under its Consumer Arbitration Rules then in effect, unless the parties agree otherwise. If AAA is unavailable or refuses to administer the dispute, the parties will agree on another neutral arbitration provider or ask a court of competent jurisdiction to appoint one.
The arbitration will take place in San Diego County, California, unless the rules require another location or the parties agree to remote, written, telephonic, or video arbitration.
The arbitrator may award the same individual remedies that a court could award, subject to these Terms and applicable law.
Each party will be responsible for arbitration fees as required by the applicable arbitration rules and law. Kawa Club will pay fees it is required to pay under applicable consumer arbitration rules or law.
43. Small Claims, Intellectual Property, and Injunctive Relief Carveouts
Either party may bring an individual claim in small claims court if the claim qualifies.
Kawa Club may bring claims in court for intellectual property infringement, counterfeiting, unauthorized resale, trade dress infringement, copyright infringement, trademark infringement, false advertising, scraping, bot activity, fraud, cybersecurity threats, unauthorized access, or misuse of Kawa Club products, content, branding, or systems.
Either party may seek temporary, preliminary, or permanent injunctive relief in court where necessary to prevent immediate or irreparable harm.
Nothing in these Terms waives any right to seek public injunctive relief where such waiver is prohibited by California law.
44. Class Action Waiver
To the maximum extent permitted by law, you and Kawa Club agree that each may bring claims against the other only in an individual capacity and not as a plaintiff, class member, or representative in any class action, collective action, consolidated action, private attorney general action, or representative proceeding.
The arbitrator may not consolidate claims of multiple people and may not preside over any class, collective, consolidated, private attorney general, or representative proceeding, except where this limitation is prohibited by law.
If the class action waiver is found unenforceable as to a particular claim or request for relief, that claim or request for relief may proceed in court only to the extent required by law, and the remaining claims must be arbitrated.
45. Arbitration Opt-Out
You may opt out of the arbitration agreement by sending written notice to contact@kawa.club within 30 days after you first become subject to these Terms.
Your opt-out notice must include your full name, email address, mailing address, and a clear statement that you want to opt out of the arbitration agreement in Kawa Club’s Terms of Service.
Opting out of arbitration does not opt you out of any other part of these Terms, including the class action waiver to the extent it is enforceable.
46. Governing Law
These Terms are governed by the laws of the State of California, without regard to conflict-of-law rules, except that the Federal Arbitration Act governs the arbitration agreement.
The United Nations Convention on Contracts for the International Sale of Goods does not apply.
Nothing in this section deprives consumers of mandatory protections that cannot be waived under the laws of their place of residence.
47. Venue
For any dispute not subject to arbitration and not filed in small claims court, the exclusive venue will be the state or federal courts located in San Diego County, California, and each party consents to personal jurisdiction and venue in those courts.
48. Time Limit to Bring Claims
To the maximum extent permitted by law, any claim or dispute arising out of or relating to these Terms, the website, products, orders, returns, warranty claims, communications, or relationship with Kawa Club must be filed within one year after the claim arose.
This limitation does not apply where prohibited by law.
49. Electronic Communications, Transactions, and Signatures
You agree that communications between you and Kawa Club may be electronic.
You consent to receive notices, disclosures, policies, order information, transaction records, and other communications electronically, including by email, website posting, account notice, checkout notice, or other electronic means.
You agree that electronic signatures, electronic acceptance, electronic records, and electronic communications satisfy any legal requirement that a communication or agreement be in writing, unless prohibited by law.
50. Severability
If any provision of these Terms is found unlawful, void, or unenforceable, that provision will be enforced to the maximum extent permitted by law or severed if necessary. The remaining provisions will remain in full force and effect.
If any part of the arbitration agreement or class action waiver is found unenforceable, the dispute resolution provisions will be enforced to the maximum extent permitted by law.
51. No Waiver
Our failure to enforce any provision of these Terms does not waive our right to enforce that provision later.
Any waiver must be in writing and signed by an authorized representative of Kawa Club.
52. Assignment
You may not assign or transfer these Terms or your rights or obligations under them without our prior written consent.
We may assign or transfer these Terms, in whole or in part, in connection with a merger, acquisition, sale of assets, financing, restructuring, change of control, corporate transaction, or operation of law.
53. Entire Agreement
These Terms, together with policies and terms incorporated by reference, are the entire agreement between you and Kawa Club regarding the website, products, and services.
They supersede prior or contemporaneous understandings about the same subject matter.
54. Contact Information
Questions about these Terms, orders, returns, exchanges, warranty claims, or support should be sent to:
Kawa Club LLC
5820 Oberlin Dr, Suite 201
San Diego, CA 92121
United States
Email: contact@kawa.club
