Last updated on: 27th of May 2021
Welcome to Kawaii.com. Kawaii.com is a multivendor community marketplace platform and publishing site operated by Enterprise Muse GmbH for cute lifestyle products in the field of cosplay, anime, manga, fashion, cosplay, j-pop, k-pop, gaming, cute tech and more. Our landing page has the url https://kawaii.com and our marketplace has the url https://community.kawaii.com. With our platform products and services, also referred to collectively as “Services” we support you in offering and selling your offers. The marketplace products and services are offered by community members. If you buy something on kawaii.com you are purchasing a product or service from a registered member that is acting as direct seller to you. Any contract of sale through a kawaii.com shop is directly between seller and the buyer. A Kawaii.com account is free. Lisiting products and services are also free. Only if you sell something on Kawaii.com we deduct a platform fee of 14% on your sale. We reserve the right to update or change our Terms of Service from time to time. Be sure to review the current version of our Terms of Service periodically under https://kawaii.com/terms-of-service.
1. Your are agreeing to our Terms by using Kawaii.com
These Terms of Service are representing a legally binding contract between us, also referred to as “Kawaii.com” or the “Platform” and you and define your responsibilities and rights while using Kawaii.com and our Services. The Terms of Service may also be referred to as the “Terms of Service”. By visiting and using our websites and our platform under the domains https://kawaii.com and https://community.kawaii.com you are fully agreeing to be bound to our Terms of Service. This includes that you agree to resolve all legal disputes through binding individual arbitration only. This means that you waive any right to have those disputes decided by a jury or judge and that you waive your right to participate in either class actions, class arbitrations or representative actions. Please read these Terms of Service to get more detailed information. If you choose to use our Services you agree to our Privacy and Cookie Policy. If you don’t agree with the Kawaii.com Terms of Service, you may not use our Services.
2. Your Privacy and information
Your individual personal information is important and kawaii.com is making sure it is handled with utmost care. In order to learn how we use your information for our Services, you need to read and to agree to our
Privacy and Cookie Policy. When you use our platform you agree to the terms of our Privacy Policy and to the way we process your data and information. Kawaii.com is only storing Platform Data of you. This is for example your name and username and all the data you submit during the regisitration of your account and by entering information in your kawaii.com account in the backend. This does not include specific data that is collected during the purchase process. This means that some of your information is not to exposed to us because in the event of a product or service purchase you are directly entering a business relationship with a community member that is acting as an independent seller that is not part or related to our company. An example for that kind of data is your delivery address that we do not know. So each party in the purchase sales transaction process between two platform members is reponsible for the data safekeeping and controlling under EU data protection law. If you are offering products and services on kawaii.com as seller on kawaii.com and you disclose personal information that you collected during the order process from another member accidently or without permission of the buyer you are legally responsible for that unauthorised disclosure but not not the platform. However in the event that we and a seller are found to be joint data controllers you agree to indemnify Kawaii.com for any costs or expenses related processing of your personal information that you submitted during a purchase transaction. If you feel that a community member is not trustworthy or reliable as seller on kawaii.com you should contact us under the email report-seller@kawaii.com.
3. Your Kawaii.com Member Account
In order to access and use our Services including our marketplace under the url https://community.kawaii.com you need to register an account with your full legal name, current address, a valid email address, and any other information that is indicated as required during the sign up process. We will suspend your account if you are using a fake name, someone elses name or somehow not use your legal name. We may reject your application for an Account, or suspend an existing Account, for any reason, in our sole discretion. Your account is free of charge. You understand and agree to the following:
A. You need to be at least 18 years old to use our Services. Minors with at least 14 years of age are only allowed to use Kawaii.com and the Kawaii.com Services through an account that is owned and maintained by a parent or an authorized legal guardian that is directly supervising each visit on our platform. Parents and legal guardians are fully responsible for every account activity and transaction conducted by a minor on their account. Children under 14 years are not permitted on Kawaii.com. We reserve the right to delete every account that violates or Terms of Service.
B. You need to provide true information about yourself when you create an account on Kawaii.com. It is strictly prohibited to use false information or to impersonate another person, brand or company. You are not allowed to use a disposal email for signup.
C. Free choice of displayname and username. If you decide to not use your real name as displayname and username for your account you can do so but you are not allowed to use vulgar or offensive words in it. And you are not allowed to choose a displayname or username that is violating someone’s intellectual property or somehow is breaching these Terms of Service. You can only use a username that is not already taken. You are not allowed to sell a username or to register more than one username.
D. Keep your account safe. You are legally responsible for all activitiy on your Kawaii.com account. Do not share your account login credentials with others. Choose a secure password and make sure you are using your account in a secure environment. Kawaii.com cannot and will not be liable for any damages from your failure to maintain your Account and you password safe.
E. Using your Kawaii.com as business entity. If you are using your Kawaii.com to conduct business in the name of a company than you personally guarantee that you have the authority to do so and that you are agreeing to these Terms of Service on behalf of the business. You are personally responsible and liable for all account activity. Each Kawaii.com Account can only be associated with one shop owner. When you use Kawaii.com for a company you must use your real first name and last name during sign up but you can choose the name of the company you are representing as displayname and as username if you are authorized to do so.
F. In the event of a dispute regarding your account ownership, Kawaii.com reservse the right to request proof to determine or confirm your ownership. Documentation of proof may include a scanned copy of your business license, a government issued photo ID or passport, trademark registration or other suitable methods.
G. You acknowledge that we will use your sign up email or the email you are providing in your member profile as the primary method for communication between us and you. You must ensure that you can send and receive emails with this email address and monitor your email inbox for important communication emails.
4. Your Content
Everything you upload and post on our platform including photos, videos, texts, graphics, audio, code, shop names, listing descriptions, reviews, comments and all other media is your content and you are fully responsible for that. You need to have the necessary rights to publish your content. You are not allowed to infringe or violate an other members or a third party’s content ownership in general. Infringing content will be removed from our platform and we reserve the right to disable and permanently delete all member accounts that are using content from other intelectual property owners without permission. You can report a content infringer with the email report@kawaii.com and we will investigate the case and take appropriate action. It is forbidden to post misleading, false or inapproriate content. More specifically you are agree to never post any abusive, threatening, defamatory, obscene, adult, vulgar, political, hatefull, discriminationg or otherwise offensive content or uses Kawaii.com in a fraudulent or deceptive way. By posting and publishing content on our platform you grant Kawaii.com a worldwide, royalty-free, non-exclusive, irrevocable, sub-licensable, perpetual license to commercially use, display, edit, modify, reproduce, distribute, translate, store, and create derivative content of your content. This does not mean that you are transfering ownership of your content to us, but we have your permission to use your content on our platform and in all our Social Media channels in order to promote and feature you and the platform in any exisiting and future media formats and through any channels, including our partner sites, or other third-party websites or advertising and marketing websites and applications. You agree to our legitimate intention of using your content in that way.
5. License to Use Kawaii.com and our Services
We grant you a non-exclusive, limited, non-transferable license to use our platform and our Services if you comply with the following:
A. You pay all bills that you owe Kawaii.com and Kawaii.com’s independent sellers in time. You are solely responsible for paying any applicable taxes for all sales or purchases you make on our Platform. You are responsible for collecting and announcing the correct amount of sales taxes/VAT that you need to add to your sales price if applicable.
B. You agree to never violate any laws with the use of our Platform or by selling anything that violates any laws. This includes all international and national laws that apply to you. Your are responsible to optain all legally required business regisitration, licenses and all possible needed permits that you require to run your shop under the laws of your country and based on your jurisdiction(s). You must deliver items and services you sold on our Platform in time.
C. You may never engage in fraud including but not limited to false claims or infringement, theft, anti-competitive or threatening conduct, money laundry or other crime activities against us or other Kawaii.com community members or other third party. You agree not to harm our Platform system with harmful computer code in order to disrupt our Services or harm our Systems in general. You are not allowed to purchase search engine or other pay per click keywords (such as Google Ads), or domain names that use kawaii.com or our trademarks and/or variations and misspellings thereof.
D. Don’t use our trademark iamkawaii® without permission. If you are interested in licensing it for your products get in touch with us.
6. Selling on Kawaii.com
On Kawaii.com you can sell cute products but also Social Media Shoutouts if you are Influencer. Therefore it is important that you list your current amount of Social Media Followers in your profile. Your information will be checked before brands and store owners will see it. When you receive an order for a Social Media Shoutout you have maximum seven workdays time to create the paid shoutout. When you do so you agree that you will follow the Social Media Terms of Service, fe. in marking your post as branded content or product review. Please inform you about platform rules of the Social Networks you are intending to use. When you create a profile on Kawaii.com with the intention to act as a seller we need to check if you are a good fit for our platform and if you are a reliable seller. Therefore we will need to activate your Account and we will also check and than release every offer you submit for sale. Once you add a free listing for a product or service our marketplace team will review each offer and make sure it complies and fits our Marketplace. This ususally takes not more than 12 hours. We reserve the right to alter your product and service text description if they breach our Terms of Service. We may take out content. When we release your offer for sale please make sure to study possible changes made by us. If you do not agree with that you can delete this offer and submit a new one. After that you your offer is online. By listing offers you allow us to feature you as seller and your offers on our homepage and in our Social Media Channels and Social Media Shopping pages and partner websites. We will take your product and service offer content and the link to your offers and will add it them to our Social Media Shops to create traffic and bring customers to your Kawaii.com Offer Urls. It means that we are using your Kawaii.com Offer Links as check out links. Like this you are using the full power of Kawaii.com to generate sales. Kawaii.com is not responsible for any of your tax obligations or liabilities related to your Kawaii.com Account and your activities on our platform. In order to sell on Kawaii.com you must add your own Terms of Service and your own Privacy Policy to your Kawaii.com profile page. You can do this as Url link to your existing shop Terms of Service and Privacy Policy page or you can add a full text file in the fields My Terms of Service and My Privacy Policy. Kawaii.com only supports one global shipping fee. If you do not ship items to certain countries or only to some specific countries you can set this information to your listings when you publish offers and others will see it. If you receive an buying request from a country that you don’t ship to, you can deny the purchase.
7. Platform fees
You can create a free Account on Kawaii.com. If you like to sell products and services on Kawaii.com you can do this with your member account. Listing offers for items and services is also free. We charge a commission of 14% in the event you sell something or depending on your product or service price a minimum amount of 2 Euros per transaction and this commission fee is independent about your monthly sales volume. That means you do not have any costs on Kawaii.com before you sell something. Kawaii.com is collecting money with Stripe and PayPal. By using Kawaii.com you ensure that you have carefully read the Terms of Service of Stripe.com and PayPal.com and that you agree to their service charges.
8. Account Termination
You can terminate your Kawaii.com Account at any time from your account settings in the Kawaii.com user backend. This will delete your entire user profile and all of your offer listings if you offered products or services on kawaii.com. In case of termination you still have to pay all outstanding platform bills and deliver all sold items and services. Most of your content will be deleted but please note that some of your content will still be available for unlimited time on our platform and on our social media channels or partner websites. We reserve the right to discontinue or suspend all of our Services for you and all accounts that are associated with you at any time, for any reason, including everything that is violating our Terms of Services. We will notify you if we terminated or suspended your account unless we are technically not able to inform you or legal reasons are preventing us to contact you or if we find that you extremely violated our Terms repeatedly. You do not have any right to further use our Services after your account got suspended. In case we terminate your account all of your content will be deleted. You are still responsible to pay all outstanding platform bills and all terms of this agreement will remain in effect even if you have no access to our Services anymore. You agree that Kawaii.com is not liable to you for the effect due to the termination of your account, including effects and losses on your platform generated income or your ability to generate revenue with Kawaii.com and our Services in general.
9. Limitation of Liability and Warranties
Kawaii.com is does not manufacture, ship, store or inspect any products or services that you can buy on our Marketplace. We just provide a platform that works as a shopping venue to connect sellers and buyers. All products and services in our Marketplace are listed, offered, produced, created and sold directly by indepedent sellers. That means that we don’t make any warranties for these offers about the quality, legality, safety or any other possible product or service warranty aspect or other product or service requirements. By using Kawaii.com you release us from any claims that might arise from purchases of products and services you do on Kawaii.com. If you feel that your purchased product or service does not match the promised criteria or product or service attributes or if offers are considered misrepresentations or if products are damaged or not working properly you must bring your claim directly against the seller. This is also valid if products caused physical harm because of mal functioning or other quality related product issues.
While browsing our platform it is possible that you discover inappropiate content or content that might be offensive for you. Although we are curating listings and checking as much content as possible we are not responsible for legality, copyright compliance, accuracy or decency of the content published by our members on Kawaii.com. You are releasing us form all liability related to content. However your can report content that is breaching our Terms of Service with the email report@kawaii.com and we will investigate that content. If you have a dispute with a Kawaii.com Marketplace Member or a third party, we recommend to contact the other party and to try to resolve the issue in a friendly calm way. Sellers on Kawaii.com are depending on their reputation and ratings. They have an interest in solving problems and making customers happy to secure future business. You release us from all claims and demands in connection with disputes that you have with other members or with third-parties.
You can use our Community Marketplace to communicate with other members but you understand that we do not screen other users. You release us from all liability related to interactions with other members. Like on other Social Media Platforms or Marketplaces or in the Internet in general you should carefully interact with others.
Members on Kawaii.com and our Marketplace may show third-party urls to websites and other services that are not operated and therefore not controllable by Kawaii.com. This can be an Amazon-Whishlist-Link, a TikTok or other Social Media Account Page or other websites. When you click on these links you are leaving our platform and you are accessing third-party webpages on your own risk and you might have to accept the third-party’s own Terms of Services. You can check your browser Url if you are not sure if you are on our platform or not. If you accept the third party Terms of Service or other Terms you understand that you do this solely between you and the third party provider in the internet and Kawaii.com has no connection with that.
WARRANTIES. KAWAII.COM IS DEDICATED TO THE BEST POSSIBLE SERVICES, CUSTOMER SATISFACTION AND PLATFORM EXPERIENCE. ALL OUR SERVICES ARE CUSTOMER-CENTRIC AND WHENEVER WE CAN IMPROVE SOMETHING TO MAKE KAWAII.COM BETTER FOR YOU WE WILL DO IT. SOMETIMES SOME THINGS MIGHT STILL NOT BE PERFECT. YOU UNDERSTAND THAT ALL SERVICES WE OFFER TO YOU ARE “AS IS” AND “AS AVAILABLE“ AND WITHOUT ANY EXPRESSED OR IMPLIED WARRANTY. YOU AGREE TO THE FOLLOWING LIABILITY LIMITS. NEITHER KAWAII.COM NOR DIRECTORS, REPRESENTATIVES OR EMPLOYEES OF KAWAII.COM AND THE OPERATING COMPANY ENTERPRISE MUSE GMBH SHALL BE LIABLE TO YOU FOR ANY LOST PROFITS OR LOST REVENUE OR OPPORTUNITY COSTS OR FOR INCIDENTAL, DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES IN CONNECTION WITH OUR SERVICES AND PLATFORM INCLUDING BUT NOT LIMITED TO DAMAGES OF GOODWILL, USE, DATA OR ANY OTHER LOSSES RESULTING FROM THE USE OR THE NOT FUNCTIONING OR INABILITY OF OUR SERVICES. WE ARE DISCLAIMING ANY WARRANTIES OF MERCHANTIBILITY, NON-INFRINGEMENT OR TITLE OR WARRANTIES IN THE CONNECTION OR IMPLIED WITH USAGE OF TRADE OR COURSE OF DEALING. WE DO NOT GUARANTEE THAT OUR SERVICES WILL BE AVAILABLE AT ANY LOCATION OR TIME IN THE WORLD. OR THAT OUR SERVICES WILL BE SECURE OR THAT WE WILL CORRECT ERRORS OR MISTAKES. KAWAII.COM DOES NOT WARRANT THAT RESULTS OBTAINED BY USING OUR SERVICES ARE ACCURATE OR RELIABLE. WE DO NOT GUARANTEE THAT OUR SERVICES DO NOT CONTAIN SOFTWARE VIRUSES OR OTHER HARMFUL MALWARE THAT WE ARE NOT AWARE OF. YOU ARE USING KAWAII.COM AND OUR SERVICES ON YOUR OWN RISK. SOME JURISDICTIONS RELATED TO YOUR LOCALIZATION MIGHT NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES. IN THOSE CASES THE MENTIONED LIMITATIONS MAY NOT APPLY TO YOU. KAWAII.COM’S AGGREGATE LIABILITY FOR DAMAGS OF ANY KIND IS LIMITED TO ONE HUNDRED EUROS OR THE AMOUNT YOU PAID US IN THE PAST SIX MONTHS. THIS LIMITATION MAY NOT APPLY TO YOU IN SOME JURISDICTIONS THAT DO NOT ALLOW LIMITATIONS ON CONSEQUENTIAL OR INCIDENTIAL DAMAGE. PLEASE DON’T USE OUR SERVICES IF YOU DO NOT AGREE WITH THERSE TERMS.
10. Indemnification
In the event that Kawaii.com gets sued because you breached our Terms or you misued our services as Kawaii.com user or user of our platforms in connection with our services and the use of your account you agree to indemnify and to defend us by holding us as company and our employees harmless from any possible legal demand or legal claim.
11. Waiver, Severability, and Complete Agreement
The failure of Kawaii.com to enforce or exercise any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. If any provision of the Terms of Service, including all terms and conditions and other documents it incorporates by reference, is held by a court of competent jurisdiction to be contrary to law, such provision shall be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law and the remaining provision of the Terms of Service shall remain in full force and effect. The Terms of Service, including the documents it incorporates by reference, constitute the entire agreement between you and Kawaii.com and govern your use of the Services and your account, superseding any prior agreements between you and Shopify (including, but not limited to, any prior versions of the Terms of Service).
12. Applicable Law
Any dispute that may arise between you and Kawaii.com including, without limitation, claims for enforcement, breach or violation of duties or rights under these Terms of Service shall be governed by and adjudicated under the laws of Germany, without regard to conflict of laws principles. You hereby irrevocably consent to the exclusive jurisdiction and venue of courts in Berlin Germany in all disputes arising out of or relating to the use our Services and our Platform.
These Terms of Service do not create any agency, partnership, joint venture, employment or franchisee relationship between us and you.
