Terms of Service

Effective Date: September 1, 2024

Overview

This website is operated by Tuning Projekt OÜ (Estonia) and Kikas LLC (USA) under the brand KIKASdesign. Throughout the site, the terms “we”, “us” and “our” refer to KIKASdesign and its operating companies.

By visiting our website and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following Terms of Service (“Terms”), including any additional terms, policies, and conditions referenced here or available by hyperlink.

These Terms apply to all users of the site, including but not limited to: browsers, customers, vendors, and contributors of content.

Please read these Terms of Service carefully before using our website. By accessing any part of the site, you agree to be bound by these Terms. If you do not agree, you may not access the site or use our services.

We reserve the right to modify or replace these Terms at any time by posting updates to our website. Your continued use of the site following any changes constitutes your acceptance of those changes.

1. Who We Are

This website, https://kikasdesign.com, is operated by:

  • Tuning Projekt OÜ: Leete 19, Tallinn 11313, Estonia, +372 56625803
  • Kikas LLC: Austin, Texas, USA, +1 (737) 377-1616

For inquiries, please contact us via email at info@kikasdesign.com.

2. Use of Our Website

By accessing or using our website, you confirm and agree that:

  • You are at least 18 years old or the legal age of majority in your jurisdiction. If you are under that age, you may only use the site under the supervision of a parent or legal guardian who agrees to be bound by these Terms.

  • You will use the website and services only for lawful purposes, and in a manner that does not violate any applicable laws, regulations, or these Terms of Service.

You may not, under any circumstances:

  • Use our website, products, or services for any illegal or unauthorized purpose, including but not limited to the violation of intellectual property laws, export control laws, or local/regional commerce laws

  • Attempt to hack, scrape, access data without permission, or circumvent security features

  • Distribute or upload viruses, worms, or any code of a destructive nature

  • Misrepresent your identity or affiliation with any entity

  • Attempt to reverse-engineer, duplicate, or exploit any part of the website or its content without our written permission

2.1 Termination of Use

We reserve the right to deny, suspend, or permanently terminate your access to the website or our services at any time, without notice, if we believe your actions violate these Terms, applicable laws, or harm the integrity of our brand, systems, or community.

3. Intellectual Property Rights

3.1 Ownership

All content on this website, including but not limited to:

  • Designs, images, logos, and videos.
  • Text, graphics, and icons.
  • Product names, branding, and trademarks.

is the exclusive property of KikasDesign or its licensors, protected under applicable copyright laws and, where enforceable, common law rights.

3.2 Restrictions on Use

You may NOT:

  1. Copy, distribute, modify, or create derivative works from any content without express written permission.
  2. Use KikasDesign designs, logos, or branding for commercial purposes without authorization.
  3. Reproduce or publish images of our products, services, or builds without proper attribution or approval.

3.3 Enforcement

We reserve the right to take legal action, including cease-and-desist orders, monetary damages, and criminal proceedings, against individuals or entities violating these terms.

4. Customized Products and Right of Withdrawal

Due to the nature of our customized services and made-to-order products, cancellation or refund requests must be agreed upon in writing before the customization process begins.

In accordance with Article 16(c) of EU Directive 2011/83/EU, the statutory 14-day right of withdrawal does not apply once customization or manufacturing has started.

If you are unsure about a purchase, please contact us before placing an order to clarify product details, lead times, or refund eligibility.

4.1 Standard Products – Returns and Refunds

For non-customized items, EU customers have the right to withdraw from the contract within 14 days of receiving the goods, without providing a reason. You must notify us in writing via email. Items must be returned unused and in original condition.

Refunds will be issued to the original payment method within 14 days of receiving the returned item.

Return shipping costs are the responsibility of the customer unless the product was defective or incorrectly shipped.

4.2 Product Availability, Limitations, and Display Accuracy

Some of our products or services may be available exclusively online and may have limited quantities. All products and services are subject to availability and may be discontinued or modified at any time without notice.

We reserve the right, but are not obligated, to:

  • Limit the sale of our products or services to any individual, location, or jurisdiction

  • Limit the quantities of any product or service offered

  • Modify pricing, specifications, and descriptions at any time

  • Refuse or cancel any order at our discretion

We strive to display product images, colors, and finishes as accurately as possible. However, we cannot guarantee that your screen or device will accurately reflect actual product colors or materials.

We do not guarantee that the quality or fit of any products or services will meet your expectations. Please contact us with questions before purchasing.

5. Governing Laws and Dispute Resolution

5.1 European Union

For services provided by Tuning Projekt OÜ, Estonian laws apply, and disputes will be resolved in Estonian courts.

5.2 United States

For services provided by Kikas LLC, Texas laws apply. Any disputes shall be resolved through binding arbitration under the rules of the American Arbitration Association (AAA), located in Austin, Texas.

6. Disclaimer of Warranties and Limitation of Liability

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

We do not guarantee that any results obtained from the use of our services or products will be accurate, reliable, or meet your expectations.

You agree that from time to time we may remove, suspend, or change parts of the website or services without prior notice.

All products and services are provided “as is” and “as available”, without any warranties, representations, or conditions of any kind, either express or implied. This includes but is not limited to warranties of:

  • merchantability

  • fitness for a particular purpose

  • durability

  • title

  • non-infringement

To the fullest extent permitted by law, Tuning Projekt OÜ, Kikas LLC, and their officers, directors, employees, affiliates, agents, contractors, suppliers, and licensors shall not be liable for:

  • any injury, loss, or claim

  • any direct, indirect, incidental, punitive, special, or consequential damages of any kind
    This includes, but is not limited to, lost profits, lost revenue, lost savings, loss of data, replacement costs, or any other similar damages, whether based in contract, tort (including negligence), strict liability, or otherwise.

Our total liability to you shall not exceed the amount paid by you for the specific product or service in question.

6.1 Class Action Waiver (U.S. Customers)

To the fullest extent permitted by applicable law, you agree that any claim or dispute arising from your use of our website or services must be brought individually, and not as part of a class action or other representative proceeding.

6.2 Indemnification

You agree to indemnify, defend, and hold harmless Tuning Projekt OÜ, Kikas LLC, and their respective owners, directors, officers, employees, agents, affiliates, licensors, suppliers, contractors, and partners from any claims, demands, liabilities, losses, damages, judgments, costs, or expenses (including reasonable attorneys’ fees) arising out of or related to:
– your use or misuse of our website, products, or services,
– your breach of these Terms of Service,
– your violation of any law or the rights of any third party,
– or your submission of any content or materials that infringe or misappropriate intellectual property or other rights of any person or entity.

We reserve the right to assume exclusive defense and control of any matter otherwise subject to indemnification, in which case you agree to cooperate fully with our defense.

6.3 Errors, Inaccuracies, and Omissions

Occasionally there may be information on our website, in our services, or in our store that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, availability, shipping charges, or transit times.

We reserve the right to:

  • Correct any errors, inaccuracies, or omissions

  • Change or update information at any time without prior notice

  • Cancel or refuse any orders placed if any information in the service or on the website is inaccurate — including after your order has been submitted

We undertake no obligation to update, amend, or clarify information on our website or any related platform, including pricing information, except as required by law.

Any “last updated” or “refresh” date shown on the website should not be interpreted to mean that all information has been modified or is up to date.

6.4 User Feedback & Submissions

Any comments, suggestions, ideas, reviews, or other content submitted to us becomes our property and may be used by KikasDesign, Tuning Projekt OÜ, and Kikas LLC without restriction. By submitting content, you grant us a royalty-free, perpetual, irrevocable, and worldwide license to use, modify, reproduce, and publish it in any media without obligation or compensation to you.

6.5 Copyright Infringement (DMCA Policy)

If you believe any content on our website infringes your copyright, please notify us by emailing info@kikasdesign.comwith the following:

  • Identification of the copyrighted work.

  • URL or exact location of the allegedly infringing material.

  • Your name, contact information, and a statement under penalty of perjury that the use is unauthorized.
    We will investigate and remove content if necessary, in accordance with applicable copyright laws.

6.6 Severability

If any provision of these Terms of Service is found to be unlawful, void, or unenforceable for any reason, that provision shall be enforced to the maximum extent permitted under applicable law.

The unenforceable portion shall be deemed severed from these Terms, and such determination shall not affect the validity and enforceability of the remaining provisions.

7. Export Control

Our products may be subject to export control laws, including those of the European Union and the United States. You agree not to export, re-export, or transfer any products to prohibited countries or individuals under these laws.

7.1 Third-Party Services and Links

Our website may contain links to third-party websites or use third-party services, such as payment processors (e.g., Stripe, PayPal), embedded videos (e.g., YouTube), or social media plugins. These third-party sites and tools operate independently and may collect personal data or use cookies.

We do not control these external websites or services and are not responsible for their content, privacy practices, or terms of use. We encourage you to review their terms and privacy policies before interacting with them.

7.2 Optional Tools and Third-Party Features

We may provide you with access to optional third-party tools or features (such as currency switchers, financing calculators, product configurators, embedded content, etc.) over which we have no control, responsibility, or direct input.

You acknowledge that we provide access to such tools or integrations “as is” and “as available,” without warranties, representations, or endorsements of any kind. We shall not be held liable for any issues, losses, or damages arising from your use of optional tools or third-party services.

Any use of such tools is at your own discretion and risk, and it is your responsibility to review and accept the terms and conditions of the relevant third-party provider(s).

New features or tools that may be added to the website in the future will also be subject to these Terms of Service.

8. Brand Disclaimer – Ducati and Other Trademarks

KikasDesign is a brand operated by Tuning Projekt OÜ (Estonia) and Kikas LLC (USA), specializing in the aftermarket customization of Ducati motorcycles.

We are not affiliated with, endorsed by, or authorized by Ducati Motor Holding S.p.A. Ducati®, Panigale®, Diavel®, and all associated model names are trademarks or registered trademarks of Ducati Motor Holding S.p.A. and are used here strictly for identification and compatibility purposes.

We may also reference third-party manufacturers such as Akrapovič®, Termignoni®, Ducati Performance®, Pirelli®, and others. All brand names, product names, and trademarks mentioned on this site are used solely for descriptive, identification, or compatibility purposes.
All trademarks and brand names are the property of their respective owners.

9. Prohibited Uses

In addition to other prohibitions set forth in these Terms of Service, you are prohibited from using this site, its content, or our services:

a) for any unlawful purpose;
b) to solicit others to perform or participate in any unlawful acts;
c) to violate any international, federal, state, provincial, or local regulations, laws, or ordinances;
d) to infringe upon or violate our intellectual property rights or the rights of others;
e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
f) to submit false or misleading information;
g) to upload or transmit viruses or malicious code that could affect the functionality or operation of the website, service, or any related platform;
h) to collect or track the personal information of others without consent;
i) to spam, phish, pharm, pretext, spider, crawl, or scrape our site or systems;
j) for any obscene, immoral, or abusive purpose;
k) to interfere with or bypass the security features of our website or any related service or platform.

We reserve the right to suspend or terminate your access to our website or services if you engage in any of the above prohibited uses or violate any other part of these Terms.

10. Entire Agreement

These Terms of Service, along with any policies or legal notices published on our website, constitute the entire agreement between you and Tuning Projekt OÜ / Kikas LLC regarding the use of our services and website.

They supersede any prior or contemporaneous communications, proposals, or agreements—whether oral or written—between you and us.

The failure by us to enforce any right or provision under these Terms shall not be considered a waiver of that right or provision.

Any ambiguities in the interpretation of these Terms will not be construed against us as the drafting party.

11. Updates to These Terms

These Terms of Service are effective as of September 1, 2024, and will remain in effect until updated. Updates will be posted here, and we encourage you to review them regularly.

Your continued use of the website after updates constitutes acceptance of the revised terms.

You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

12. Contact Information

Estonia Office:
Tuning Projekt OÜ
Leete 19, Tallinn 11313, Estonia
+372 56625803

USA Office:
Kikas LLC
Austin, Texas, USA
+1 (737) 377-1616

Email: info@kikasdesign.com