Terms of Service

1. INTRODUCTION

Welcome to Kyusu by Kiko LLC ("Company," "we," "our," or "us"). These Terms of Service ("Terms") govern your access to and use of our website, products, and services, including our curated plant arrangements, custom creations, group experiences, and related offerings (collectively, the "Services").

By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Services.

2. ELIGIBILITY

You must be at least 18 years old to use our Services. By using our Services, you represent and warrant that you meet this requirement.

3. PRODUCT DESCRIPTIONS

3.1 Curated Plant Arrangements
We offer a variety of pre-made plant arrangements in our Cup of Tea, Tea Time, Mizusashi, and Signature collections. Each creation features repurposed teaware containing aquatic plants set in aquatic stones, requiring minimal maintenance. While we strive to accurately display the colors and images of our products, we cannot guarantee that your device's display accurately reflects the actual appearance of the product.
3.2 Custom Creations
For custom arrangements, we work directly with you to match a vessel with appropriate plants based on your preferences. Additional services, including vessel sourcing, premium plant selection, custom vessel decoration, themed arrangements, and other customization options are available at additional costs as outlined in our pricing documentation.
3.3 Group Experiences
The Kyusu by Kiko Experience offers group workshops where participants create their own arrangements. These experiences are governed by a separate Group Experience Agreement that must be signed prior to the event.

4. ORDERS AND PAYMENTS

4.1 Order Acceptance
All orders are subject to acceptance by us. We reserve the right to refuse or cancel any order for any reason, including limitations on quantities available for purchase, inaccuracies in pricing or product information, or problems identified by our credit and fraud avoidance department.
4.2 Payment Terms
For standard products, full payment is required at the time of purchase. For custom orders and group experiences, a 50% deposit is required upon signing the agreement, with the balance due either upon completion (custom orders) or 7 days before the scheduled event (group experiences).
4.3 Pricing
All prices are in U.S. dollars and exclude applicable taxes and delivery fees. Prices for products and services are subject to change without notice. We will not be liable to you or any third party for any modification, price change, or discontinuation of any product or service.

5. DELIVERY AND PICKUP

5.1 Delivery
We offer delivery services starting at $10, with prices increasing based on distance. Delivery hours are Monday through Friday from 5:00 PM to 8:00 PM and Saturday and Sunday from 12:00 PM to 8:00 PM.
5.2 Risk of Loss
Risk of loss and title for items purchased pass to you upon delivery to the shipping carrier or, if picked up, when you or your designated representative takes possession of the items.

6. CANCELLATION AND REFUND POLICY

6.1 Standard Products
All sales of pre-made arrangements are final. Due to the perishable nature of our products, we do not offer refunds unless the product is damaged upon receipt.
6.2 Custom Orders
Cancellation within 48 hours of signing the agreement will result in a full refund minus an administrative fee. Cancellation after design approval but before production begins will result in a 50% refund of your deposit. No refunds will be issued after production begins.
6.3 Group Experiences
Cancellation by the client with more than 14 days' notice will result in a full refund minus an administrative fee of $100. Cancellation with 7-14 days' notice will result in a 50% refund of the deposit. No refunds will be issued for cancellations with less than 7 days' notice.

7. PRODUCT CARE AND WARRANTY

7.1 Care Instructions
All products come with basic care instructions. Following these instructions is essential for maintaining the health and appearance of your arrangement.
7.2 Plant Health Guarantee
For custom orders, we guarantee plant health for a specific period from delivery or pickup (as specified in your Custom Order Agreement), provided proper care instructions are followed. Replacements will be offered if plant failure occurs despite proper care within the guarantee period.
7.3 Post-Purchase Support
For group experiences, we offer complimentary advice via email for 30 days following the experience. We cannot guarantee plant longevity as care is the responsibility of the participants after the experience.

8. INTELLECTUAL PROPERTY

8.1 Our Intellectual Property
All content, features, and functionality of the Services, including but not limited to text, graphics, logos, button icons, images, audio clips, data compilations, and software, are owned by or licensed to the Company and are protected by copyright, trademark, and other intellectual property laws.
8.2 Photography Rights
We retain the right to photograph all products, including custom creations and group experiences, for portfolio, marketing, and promotional purposes. For group experiences, we will respect the privacy of participants who request not to be photographed.

9. USER CONDUCT

You agree not to:

Use the Servicesunauthorizedthat violates any applicable law or regulation
Use the Services for any harmful, fraudulent, or deceptive purpose
Interfere with or disrupt the Services or servers or networks connected to the Services
Attempt to gain unauthorized access to any portion of the Services

10. LIABILITY

10.1 Disclaimer of Warranties
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
10.2 Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES.

10.3 Indemnification
You agree to indemnify, defend, and hold harmless the Company and its officers, directors, employees, agents, and representatives from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Services or your violation of these Terms.

11. CHANGES TO THESE TERMS

We reserve the right to modify these Terms at any time. If we make changes, we will provide notice by posting the updated Terms on our website and updating the "Last Updated" date. Your continued use of the Services after such notice constitutes your acceptance of the modified Terms.

12. GOVERNING LAW AND DISPUTE RESOLUTION

These Terms shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of law provisions.

Any dispute arising from or relating to these Terms or the Services shall be resolved through binding arbitration conducted in accordance with the rules of the American Arbitration Association. The arbitration shall be held in New York.

13. CONTACT INFORMATION

If you have any questions about these Terms, please contact us at:

Kyusu by Kiko LLC
Elmont, NY 11003
Phone: (516) 824-6166
Email: kyusybykiko@gmail.com