Terms of Service

Effective Date: September 1, 2024

Welcome to KikasDesign! By accessing or using our website, products, or services, you agree to comply with these Terms of Service. If you do not agree to these terms, please refrain from using our website and services.

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 using our website, you agree to:

  1. Use it for lawful purposes only.
  2. Not engage in unauthorized activities, such as:
    • Hacking, data scraping, or distributing malicious software.
    • Misrepresenting your identity or affiliation with any entity.
    • Attempting to reverse-engineer or replicate proprietary content.

KikasDesign reserves the right to deny access or terminate use of the website for violations of these terms.

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.

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

To the fullest extent permitted by law:

  • All products and services are provided “as is” and “as available”, without warranties of any kind, whether express or implied.

  • We do not warrant that the website or services will be uninterrupted, error-free, or free of harmful components.

KikasDesign and its affiliates shall not be liable for any indirect, incidental, special, or consequential damages arising from the use of our website or services. Our total liability to you shall not exceed the amount paid for the product or service in question.

6.1 Limitation of Damages and Class Action Waiver (U.S. Customers)

To the fullest extent permitted by applicable law:

  • You agree that any claim or dispute arising out of or relating to your use of the website or services must be brought individually, and not as a plaintiff or class member in any purported class or representative proceeding.

  • You agree that our total liability, whether in contract, tort, or otherwise, shall not exceed the amount paid by you for the specific product or service in question.

  • You further agree to waive any right to seek indirect, punitive, incidental, or consequential damages, including loss of profits, data, goodwill, or other intangible losses, even if we have been advised of the possibility of such damages.

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.

8. 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.

9. 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