Last updated: 16 September 2026

General T&Cs

Please read these terms of sale set out below (“Terms”) carefully. These Terms apply to: (a) all contracts for the online purchase of Product(s) entered into between you and Kimai Ltd (company no. 11545199), a limited company registered in England and Wales whose registered office is at 24 Chiltern Street, London, England, W1U 7QE, acting in respect of online sales to consumers in the United States through its Belgian branch at Rijfstraat 2, bus 171, 2018 Antwerpen, Belgium (BCE/KBO no. 0745.388.877, Belgian VAT number BE0745388877); and

(b) all contracts for the in-person purchase of Product(s) at our Los Angeles store entered into between you and Kibling Retail LLC and/or Kibling Melrose LLC, both limited liability companies organized under the laws of the State of California, having a principal place of business at 8463-2 Melrose Place, Los Angeles, CA 90069, USA, (collectively, “Kimai”, “we”, “our” or “us”). Where these Terms govern an online purchase, the contracting party is Kimai Ltd acting through its Belgian branch. Where these Terms govern an in-person purchase at the Los Angeles store, the contracting party is Kibling Retail LLC and/or Kibling Melrose LLC (as applicable).

By continuing to browse and use our Website you are agreeing to comply with and be legally bound by the following Terms in respect of your access to and use of the Website. If you do not agree to these Terms, you must not use our Website.

By placing your Order with us via our Website or in-person at our Los Angeles store, you are accepting these Terms and agree to be legally bound by them.

IMPORTANT: THESE TERMS CONTAIN A BINDING INDIVIDUAL ARBITRATION CLAUSE AND CLASS-ACTION WAIVER (SEE CLAUSE 20). BY ACCEPTING THESE TERMS, YOU AGREE THAT DISPUTES WILL BE RESOLVED BY INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION. PLEASE READ CLAUSE 20 CAREFULLY.

1. Definitions When the following words with capital letters are used in these Terms, this is what they will mean:

“Bespoke Product(s)”: custom-made jewelry pieces or other customized or personalized Product(s), including Engraved Products, tailored to your individual measurements, requirements or specifications, following a virtual consultation or an appointment with one of our designers at one of our Stores.

“Engraved Product(s)”: any Product that has undergone customization through engraving.

“Event Outside Our Control”: as defined in clause 13.2.

“Order”: your order for the Product(s), whether placed online via our Website or in-person at our Store.

“Product(s)”: the item or items that we are selling to you as set out in the Order.

“Redesigned Product(s)”: a piece of existing jewelry redesigned by us into a new design.

“Made-to-Order Product(s)”: means custom-made jewelry pieces or other customized or personalized Product(s) made to your individual measurements, requirements or specifications. Made-to-Order Products include any rings and any other products designated as “Made-to-Order” on our Website or in our Store.

“Manufacturing Defect”: means a defect in materials or workmanship that was present in the Product at the time of delivery to you and that arises from a failure in the manufacturing process. A Manufacturing Defect does not include fair wear and tear, accidental damage, misuse, impact damage, improper storage, third-party alteration or repair, or any issue arising from specifications, measurements or instructions provided by you. Whether a condition constitutes a Manufacturing Defect shall be determined by us following inspection of the Product, acting reasonably and in good faith.

“Store”: our Los Angeles store at 8463-2 Melrose Place, Los Angeles, CA 90069, USA, and any other such shop, outlet, business premises or trunk shows from which we sell the Product(s) in-person in the United States from time to time.

“Website”: www.kimai.com and any other websites we own or operate from time to time.

When we use the words “writing” or “written” in these Terms, this will include e-mail unless we say otherwise.

2. Your use of the Website

2.1. All content on the Website, including but not limited to, images, text, data, graphics, page layout, software and the code used to generate the pages on the Website (collectively, the “Content”), as well as any other registered or unregistered trademarks, trade dress, trade names, logos, designs, titles and product names appearing on the Website are protected by intellectual property rights owned, or licensed to us.

2.2. Except as otherwise provided on the Website or in these Terms, you may not download, copy, reproduce, publish, license, distribute, or otherwise use any Content in whole or in part for any commercial purpose without our prior written consent. You may not use any metatags or any other “hidden text” utilizing any of our names or trademarks without our prior written consent.

2.3. We grant you a personal, limited, non-exclusive, non-transferable license to access and make use of the Website for personal, non-commercial purposes only. All rights not expressly granted are hereby reserved. The license granted to you to access and use the Website shall automatically terminate if you do not comply with these Terms.

2.4. You agree not to violate or infringe any intellectual property rights or other legal rights of Kimai or any third parties. You hereby agree to indemnify and hold harmless Kimai and its officers, directors, employees and agents from any third-party claims of infringement of intellectual property or similar rights arising through your use of the Website and its Content.

2.5. You may use the Website only for lawful purposes and in accordance with these Terms. You warrant, represent and agree not to:

• use the Website in any way that violates any applicable federal, state, local or foreign law or regulation;

• use the Website to transmit, or procure the sending of, any unauthorized material, including any junk mail, spam or any other similar solicitation in violation of CAN-SPAM (15 U.S.C. §§ 7701 et seq.) or TCPA;

• use the Website to impersonate or attempt to impersonate us, an employee or agent of ours, or any other person or entity, or otherwise submit false information;

• use the Website to engage in any conduct that restricts or inhibits anyone's use of the Website, or otherwise attempt to interfere with the proper working of the Website;

• use any “robot”, “spider”, “scraper” or other automatic data mining and extraction tools, or any manual methods to access the Website for any purpose, including monitoring or copying any of the material on the Website, or for the purpose of training an artificial intelligence model, large language model or similar technology, and we expressly opt out of any such activities to the maximum extent permitted by applicable law;

• introduce any viruses, trojan horses, worms, logic bombs or other material, code or program which is malicious or technologically harmful;

• attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website (which would violate the Computer Fraud and Abuse Act, 18 U.S.C. § 1030);

• attack the Website via a denial-of-service attack or a distributed denial-of-service attack;

• attempt to gain unauthorized access to, collect, or store any personal information that may be contained on the Website, the server on which the Website is stored, or any server, computer, database or information system connected to the Website;

• attempt to circumvent any technological measure implemented by us or any of our providers or any other third party to protect the Website;

• attempt to decipher, decompile, disassemble, or reverse engineer any of the software or other underlying code used to provide the Website; or

• procure, encourage, or assist any third party in doing any of the foregoing.

2.6 We may have links from our Website to other third-party websites and materials. Such links are provided exclusively for information purposes and we do not have any control whatsoever over the contents of such websites or materials. Accordingly, we accept no liability whatsoever for any loss or damage which may arise from the use of such links.

3. Changes to these Terms

3.1. We reserve the right to change or modify these Terms at any time and at our sole discretion to reflect changes in relevant laws and regulatory requirements and to implement minor technical adjustments and improvements. If we make changes to these Terms, we may provide notice of such changes, such as by posting a notice on our Website.

3.2. Any changes will be effective immediately upon posting unless otherwise stated, and to the extent permitted by law, you waive any right you may have to receive specific notice of such changes or modifications. Your continued use of the Website or purchase of a Product (as applicable) after the effective date of such changes will confirm your acceptance of such changes.

3.3. Any revised Terms supersede all previous versions, notices, policies, or statements regarding the Website. 4. Our contract with you

4.1. These are the terms and conditions on which we supply Product(s) to you.

4.2. Please ensure that you read these Terms carefully, and check that the details on the Order are complete and accurate, before completing your Order.

4.3. The description of the Product(s), services, price, currency, applicable sales tax and delivery costs are set out during the Order process. The advertising of Product(s) and services on our Website is an invitation to offer. When placing an Order online through our Website, you are offering to purchase the Product(s) you select.

4.4. When you submit the Order to us, this does not mean we have accepted your Order for Product(s). Our acceptance of the Order will be made at our sole discretion. Acceptance will take place at our Store with the customer present either at the point of placing the Order or upon collection of the relevant Product(s) for anti-fraud reasons. For an Order placed online through our Website, we will contact you to confirm we have received your Order and inform you whether the Order was accepted, at which point a contract will come into existence between you and us, and these Terms will become binding. If we are unable to supply you with the Product(s), we will inform you of this and we will not process the Order.

4.5. We reserve the right to cancel any Order despite acceptance by us at any time at our sole discretion, and you will be reimbursed for the original price for any payment already received. This might be because the Product is out of stock, due to an error in the price or description of the Product(s), because you are outside our delivery areas, as specified on our Website, or because we are unable to meet a delivery deadline you have specified.

4.6. Please do not try to send Orders via email, as we cannot guarantee any secure transmission of details.

4.7. We may need certain information from you so that we can supply the Product(s) to you, for example, measurements, delivery requirements and dates for delivery, and other matters relating to production or delivery. If you do not give us this information within a reasonable time, or if you give us incomplete or incorrect information, we may either cancel your Order or charge a reasonable fee for any additional work required as a result. We will not be responsible for any delay or partial failure in supplying the Product(s) if such delay or partial failure is caused by your failure to provide the necessary information within a reasonable time following our request.

4.8. We cannot guarantee that the sale and delivery of our Product(s) to your particular country or location is permissible, so please be aware of your own geographic import restrictions. We do not ship Products to the Russian Federation or China, and may be unable to ship to other jurisdictions subject to US export controls (OFAC sanctions, etc.).

4.9. The images of the Product(s) on our Website are for illustrative purposes only. Although we have made every effort to display the Product(s) accurately, variations in size, color, detailing (such as pattern and texture, etc.) may arise due to monitor settings and photography techniques.

4.10. When you purchase a Product that is an engagement ring, designated as such on our Website, in accordance with these Terms we will offer you, for a period of 12 (twelve) months from the date you purchase the Product, one free re-sizing (2 sizes up or down) of that engagement ring, provided that resizing is possible with the design of the ring. Proof of purchase will be required. Any further resizing of that Product or resizing of additional purchased Products will be subject to an additional charge. Please note that this is only possible for US, UK, EU and UAE Orders.

5. Changes to your Order

5.1. You may request a change to your Order by contacting us as soon as possible and, in any case, before your order has been shipped to you. This excludes any Bespoke Product(s) or Redesigned Product(s) which have started to go through any stage of the manufacturing process as we make these Product(s) to your specific requirements. However, if you request any modifications after production has begun, we will attempt to resolve any problems to the best of our ability and on a case-by-case basis. This may be subject to additional fees and extended timelines which will be communicated to you in advance.

5.2. If a change to an Order is possible, we will inform you about any resulting changes to the price of the Product(s), the timing for delivery, or necessary updates as a result of your requested change and ask you to confirm whether you wish to proceed. You will be responsible for any difference in the price of the Product(s) as a result of such changes.

5.3. If you wish to cancel an Order before it has been fulfilled, please see your right to do so in clause 14.

6. Bespoke and Redesigned Products

6.1. We make the Bespoke Product(s) and Redesigned Product(s) according to the requirements, measurements and specifications you provide us following a virtual consultation or an appointment with one of our designers at our Store.

6.2. You are responsible for ensuring that the measurements, requirements and specifications provided to us for the Bespoke Product(s) or Redesigned Product(s) are correct and accurate, and we cannot accept the return of any Bespoke Product(s) or Redesigned Product(s) due to incorrect measurements, requirements or specifications provided by you. However, this will not affect your legal rights as a consumer for Product(s) that are faulty or not as described under applicable US federal or state law (including the Magnuson-Moss Warranty Act and applicable state consumer protection statutes).

6.3. After the initial consultation, our designers will typically prepare some sketches and designs of the Bespoke Product(s) or Redesigned Product(s) requested (“Designs”) before being crafted. In order to begin the design process, we require a deposit to be paid in advance which will be deducted from your final invoice. We reserve the right to change the amount of the deposit we ask for from time to time without notice. All deposits are non-refundable unless the Bespoke Product(s) or Redesigned Product(s) are not made by us due to us exercising our cancellation rights as described in clause 4.5 or our breach of these Terms. Manufacture of a Bespoke Product or a Redesigned Product typically takes 8 weeks from the Designs being made, but you acknowledge that customization times may vary and time is not of the essence.

6.3A. For the avoidance of doubt, where we terminate the contract in accordance with clause 15.1(b) due to your failure to provide required information or otherwise comply with these Terms, any deposit paid in respect of Bespoke Product(s) or Redesigned Product(s) shall remain non-refundable, and we may additionally deduct reasonable net costs incurred in connection with the design or production of the Product(s).

6.3B. For the avoidance of doubt, the payment and cancellation provisions set out in clause 14 shall apply to Bespoke Product(s) and Redesigned Product(s) in addition to the deposit terms set out herein.

6.4. You acknowledge and agree that we are the sole proprietor of all copyright, design rights and other intellectual property rights that may subsist in the Designs, Bespoke Product(s) and Redesigned Product(s) (and the processes for creating them) that are conceived, developed or created in accordance with these Terms. You shall not, by virtue of these Terms, obtain, claim or assert any rights, title or interest to the Designs, Bespoke Product(s) or Redesigned Product(s) we create. Without limiting the generality of the foregoing, you acknowledge and agree that we may use the Designs we create to produce, offer for sale, and sell Products based on those Designs to other customers. Where any rights would otherwise vest in you (as a “work made for hire” under 17 U.S.C. § 101 or otherwise), you hereby irrevocably assign such rights to Kimai.

6.5. Variation tolerance. As Bespoke Products and Redesigned Products are handcrafted, reasonable variations between the approved Designs (including sketches, renderings or CAD images) and the finished Product — including minor differences in stone size, color, clarity, metal finish, proportion or overall appearance — are inherent to the craft and shall not constitute a defect, non-conformity or breach of these Terms.

6.6. Material substitution. If a specific stone, metal grade or other material becomes unavailable after your Order has been confirmed but before the Product is completed, we will promptly contact you to propose an equivalent substitute of comparable quality and value. You may either accept the proposed substitute or, if you do not accept it, cancel your Order and receive a full refund of any sums paid (including any deposit), which shall be your sole and exclusive remedy in such circumstances.

6.7. Photography and portfolio rights. You grant Kimai a perpetual, royalty-free, worldwide, non-exclusive license to photograph, film and reproduce images of the finished Bespoke Product or Redesigned Product, and to use such images for Kimai's marketing, portfolio, social media, press and other promotional purposes, without identifying you by name unless you separately consent in writing.

7. Shipping and delivery of Product(s)

7.1. Online Orders are fulfilled and shipped from our Belgian facility (Rijfstraat 2, bus 171, 2018 Antwerpen, Belgium) by international carrier to the delivery address you provide in the United States. We will use our reasonable endeavors to deliver the Product(s) within the times indicated during the Order process; however, these are estimates and not guaranteed. We will not be held liable for late delivery of Product(s) caused by our couriers, customs processing, or an Event Outside Our Control.

7.2. Please note that timescales for delivery and delivery charges will vary depending on the availability of the Product(s) and your address. The cost of delivery will be quoted to you during the Order process.

7.3. We shall attempt to deliver the Product(s) to the address you specify for delivery and you are responsible for ensuring that the address you supply to us is accurate. We will require a signature upon delivery for all Orders. Please note we do not ship to PO Box addresses.

7.4. If you have asked to collect the Product(s) from our Store, you may do so at any time during our normal working hours.

7.5. As online Orders ship from Belgium to the United States, the Product(s) constitute an international import for US customs purposes. We declare the Product(s) for export and act as the merchant of record for the customer-facing transaction. Applicable US import duties, federal taxes (where any) and state and local sales/use taxes (where Kimai has economic nexus under State of Wayfair-equivalent rules) are calculated and disclosed during checkout based on your shipping address, and are included in the final price as displayed at checkout unless otherwise stated. Where Kimai does not have an obligation to collect sales/use tax in your state, you may be responsible for reporting and remitting use tax directly to your state revenue authority.

7.6. Title to and risk of loss of the Product(s) shall pass to you upon delivery to the carrier (FOB shipping point) unless otherwise required by applicable law. For in-Store pickup, title and risk of loss pass upon physical delivery at the Store.

7.7. Shipping time and FTC Mail or Telephone Order Merchandise Rule. The estimated shipping time for each Order is disclosed at the point of sale (including, for Bespoke and Redesigned Products, the manufacturing timeframe set out in clause 6.3). In accordance with the Federal Trade Commission's Mail, Internet, or Telephone Order Merchandise Rule (16 C.F.R. § 435), if we are unable to ship your Order within the time stated at the point of sale (or, if no time is stated, within thirty (30) days of receipt of your Order), we will promptly notify you and offer you the option to (a) consent to a delayed shipping date, or (b) cancel your Order and receive a full refund of all amounts paid. This applies in addition to, and without prejudice to, the bespoke deposit terms in clause 6.3.

8. If the Product(s) are faulty

8.1. Faulty Products are Products that are defective or damaged at the time of purchase, or at the time of delivery to you.

8.2. Please note that as each item is uniquely created, there may be slight variations in form and material. You acknowledge that fine and/or precious jewelry is to be treated as such and should not be worn when undergoing heavy labor, going to the gym, or any other activity with likened force or stress on the Product(s). We reserve the right to reject requested refunds for items which have been damaged in any of these circumstances.

8.3. Should you receive Product(s) that are defective or damaged when delivered to you, please contact us as soon as possible. Our team will help you resolve any such issues as quickly as possible by, for example, repairing the faulty Product, replacing your Order (or the faulty part in question) free of charge, or, at our sole discretion, refunding to you the price of the Product(s) (or a proportionate part of the price). Please note that before we are able to process the refund or replacement, you will be required to return the faulty Product(s) to us in Store or send it to us via post, but we will cover the cost of this.

8.4. Nothing in these Terms is intended to disclaim or limit any rights you may have under applicable US federal or state consumer protection law, including the Magnuson-Moss Warranty Act (15 U.S.C. §§ 2301 et seq.) or, for California residents, the Song-Beverly Consumer Warranty Act (Cal. Civ. Code §§ 1790 et seq.).

9. Limited Warranty

THIS IS A “LIMITED” WRITTEN WARRANTY WITHIN THE MEANING OF THE MAGNUSON-MOSS WARRANTY ACT. For a period of 12 (twelve) months from the date of delivery, Kimai warrants that the Product(s) shall be free from Manufacturing Defects in materials and workmanship, subject to the exclusions in clause 9.4 below. This warranty applies to the original purchaser only and is not transferable.

9.1. During the 12-month warranty period, Kimai’s sole obligation and your sole remedy under this Limited Warranty is, at our option, to (a) repair the defective Product free of charge or (b) replace the defective part or the Product. If repair or replacement fails to remedy the defect after a reasonable number of attempts, Kimai will provide a refund of the purchase price to the extent required by applicable law, including the Magnuson-Moss Warranty Act (15 U.S.C. § 2304) and, for California residents, the Song-Beverly Consumer Warranty Act.

9.2. We will replace any lost stones of up to 0.15ct once, free of charge, during the warranty period.

9.3. We only perform repairs on our own Product(s).

9.4. This Limited Warranty does not apply to any defect in the Product(s) arising from:

• fair wear and tear;

• willful damage, abnormal storage or working conditions, accident, negligence by you or by any third party;

• failure to exercise reasonable care in using the Product(s);

• any alteration or repair by you or by a third party who is not one of our authorized repairers; and

• any specification provided by you, including in respect of Bespoke Products and Redesigned Products.

9.5. To make a warranty claim, please contact us at [email protected] with proof of purchase. We may require you to return the Product to us for inspection. Where a defect covered by this Limited Warranty is confirmed following inspection, Kimai will cover the reasonable cost of return shipping to Kimai and the cost of shipping the repaired or replacement Product back to you. If the Product is found not to be covered by this Limited Warranty, you may be responsible for the reasonable costs of return shipping.

9.6. It is important to recognize that no repair or redesign is without risk. There is always a risk that damage may occur during repair or remaking. In such cases, we cannot be held liable for a replacement. Please bear this in mind when using stones with substantial sentimental value in Redesigned Products.

9.7. We are not responsible for damage to items before the Product(s) were in our possession or for any sentimental or other unknown value of the items. We strongly advise that you maintain adequate insurance for your jewelry while it is in our possession.

9.8. We will not be liable for loss of or damage to any item left for repair which you do not reclaim within 6 (six) calendar months.

9.9. If you drop off a Product at our Store for a repair, you will be required to pick up the Product from that Store. No Product(s) that have been dropped off for repairs will be shipped back to you.

9.10. As far as we are aware, any mined diamonds used in our Products have been purchased from legitimate sources not involved in funding conflict in compliance with United Nations resolutions and the Kimberley Process Certification scheme. All diamonds are of natural origin and free from treatment unless otherwise stated on our invoice to you. We typically provide certification documents for diamonds above 0.5ct.

9.11. Disclaimer of implied warranties

EXCEPT FOR THE EXPRESS LIMITED WARRANTY SET FORTH ABOVE, KIMAI DISCLAIMS ALL OTHER WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, ANY IMPLIED WARRANTIES ARE LIMITED IN DURATION TO TWELVE (12) MONTHS FROM THE DATE OF DELIVERY.

10. Price and payment

10.1. Our Product prices and availability on our Website are subject to change at our sole discretion and without notice. If a Product is no longer available because it is out of stock, inaccurately represented or it was not updated at the time of your Order in our system, we will notify you accordingly and where applicable offer a similar Product.

10.2. Prices on our Website are in US Dollars (USD) unless otherwise stated and exclude applicable state and local sales taxes, which will be calculated and disclosed at checkout based on your shipping or billing address. Delivery charges are additional and will be disclosed during the Order process.

10.3. The price of Bespoke Product(s) and Redesigned Product(s) will be as agreed with you and as invoiced to you. Our prices may change at any time, but price changes will not affect Orders that we have confirmed with you.

10.4. Financing options may be available to you through Klarna for US purchases. Klarna's Pay in 4 / Pay in 30 days are credit products. Borrowing more than you can afford or paying late may negatively impact your financial status and ability to obtain credit. 18+, US residents only. Subject to status. T&Cs and late fees apply. See https://www.klarna.com/us/legal/ for Klarna's applicable terms.

10.5. We may also be able to offer payment plans on a case-by-case basis. Please speak to a member of our team for more information.

10.6. We accept payment by credit card or debit card from all major credit card providers, including Visa, Mastercard and American Express, and through PayPal. Payment must be received in full prior to release of any Product(s). By making a payment by any of the foregoing methods, you represent and warrant that you have full right and authority to make such purchase in the manner elected without violating any applicable law, rule, or regulation.

10.7. You will be responsible for the prices stated at the time of your Order, as well as any: (i) applicable state and local sales and use taxes; and (ii) delivery charges.

11. Limitation of liability

If we fail to comply with these Terms, we are responsible for the loss or damage you suffer that is a foreseeable result of our breach of the Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or, if at the time the contract was made, both we and you knew it might happen. Subject to the foregoing and to clause 11.1, and to the maximum extent permitted by applicable law: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL KIMAI, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OF BUSINESS, LOSS OF DATA, LOSS OF REVENUE, BUSINESS INTERRUPTION, OR LOSS OF GOODWILL, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR YOUR USE OF THE WEBSITE OR ANY PRODUCT, EVEN IF KIMAI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, KIMAI'S TOTAL CUMULATIVE LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR YOUR USE OF THE WEBSITE OR ANY PRODUCT SHALL NOT EXCEED THE AMOUNT YOU PAID TO KIMAI FOR THE PRODUCT GIVING RISE TO THE CLAIM.

11.1. Nothing in these Terms excludes or limits Kimai's liability for: (a) death or personal injury caused by Kimai's gross negligence or willful misconduct; (b) fraud or intentional misrepresentation; or (c) any other liability which cannot be excluded or limited by applicable law. Some states do not allow the exclusion or limitation of certain damages, so the above limitations may not apply to you.

11.2. We only supply the Product(s) for domestic and private use. If you use the Product(s) for any commercial, business or re-sale purpose, subject to clause 11.1, we have no liability to you for any loss of profit, loss of business, goodwill or reputation, loss of data or revenue, business interruption, or loss of business opportunity or savings.

11.3. We cannot be held liable for any Product that has been repaired or modified by a third party who is not one of our authorized repairers.

12. Indemnification

To the maximum extent permitted by applicable law, you agree to indemnify, defend and hold harmless Kimai and its affiliates, officers, directors, employees, agents and licensors from and against any and all claims, liabilities, damages, losses, costs and expenses (including reasonable attorneys' fees) arising out of or in connection with (a) your breach of these Terms; (b) your use or misuse of the Website or any Product; (c) your violation of any law or regulation; or (d) your violation of any rights of a third party.

13. Events Outside Our Control

13.1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by an Event Outside Our Control.

13.2. An “Event Outside Our Control” means any act or event beyond our reasonable control, including, without limitation, strikes, lock-outs or other industrial action by third parties; civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war; fire, explosion, storm, flood, earthquake, subsidence, epidemic, pandemic or other natural disaster; failure of public or private telecommunications networks; acts of any government or public authority; and failures of common carriers or postal services.

13.3. If an Event Outside Our Control takes place: (a) we will contact you as soon as reasonably possible to notify you; and (b) our obligations under these Terms will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control.

13.4. You may cancel the contract if an Event Outside Our Control takes place and you no longer wish us to provide the Product(s). Please see your cancellation rights under clause 14. We may also cancel the contract by written notice to you if an Event Outside Our Control continues for longer than 2 (two) calendar weeks, in which case we will refund any sums you have paid for Products not yet provided.

13.5. We may have to suspend our provision of services or supply of a Product to: (a) deal with technical problems or make minor technical changes; (b) update the Product or services to reflect changes in relevant laws and regulatory requirements; or (c) make changes to the Product or services as notified to you in advance

14. Cancellations, returns and exchanges

14.1. Our standard voluntary returns policy is 14 (fourteen) days from the date you receive your Order, subject to the conditions below. This is a contractual policy, not a statutory right; there is no federal mandatory cooling-off period for general online sales in the United States.

14.2. Product-specific return policies. The return eligibility of each Product is set out on the relevant product page on the Website at the time of purchase. Certain Products — including without limitation Bespoke Products, Redesigned Products, Engraved Products, sale items, and any Product expressly marked “final sale”, “made to order” or “non-returnable” on the product page — are not eligible for return, exchange or refund, except (i) where required by applicable state or federal law, or (ii) where the Product is faulty, defective or not as described (see clauses 8 and 9). Where the product page does not specify otherwise, the standard 14-day voluntary policy in clause 14.1 applies, subject to the exclusions in this clause 14.

14.3. For in-store Orders at our Los Angeles store, you may contact us to cancel your Order within 14 days of receiving the Order, subject to the product-page disclosure mechanism in clause 14.2 and any in-store-posted return policy. In some circumstances, we may charge a reasonable restocking fee or refuse cancellation. This does not affect your rights where a Product is faulty or not as described (see clauses 8 and 9). If we accept your cancellation and refund request, we will refund any advance payment you have made for Product(s) which have not been provided to you, minus any costs we have incurred and any shipping costs, to your original payment method, or offer store credit, or allow it to be exchanged for another piece from our collection.

14.4. Where you placed the Order online through our Website, you may, where the product is eligible for return under clause 14.2, cancel any Order within 14 days from the day on which you acquire physical possession of the last of the Products in your Order by contacting us at [email protected] with your Order number and reason for return. We will confirm your cancellation in writing.

14.5. If you cancel an Order for Product(s) that have not been delivered to you, we will refund any payments received from you including any standard delivery charges, using the same means of payment as you used for the Order.

14.6. If you cancel an Order for Product(s) that have already been dispatched, you must return the Product(s) to our Belgian facility at Rijfstraat 2, bus 171, 2018 Antwerpen, Belgium, in their original packaging and without undue delay. You bear the costs of return shipping, including any international shipping costs and any applicable export/re-import duties or fees, except where the Product is faulty or not as described (in which case we will cover return shipping in accordance with clause 8). We will refund you within 14 days of receiving the Product(s) back at our facility, less any non-standard delivery charges. To request a return, please email [email protected] with your Order number; we will provide return instructions and, where applicable, a pre-paid international return label at our discretion.

14.7. Unfortunately, as the Bespoke Product(s), Redesigned Product(s), Engraved Product(s), Made-to-Order Product(s), and any Products that are custom-made to your requirements, measurements, or specifications are made for you (which includes all of the rings we sell), you will not be able to cancel or exchange your Order once the Order has been placed (regardless of whether the Order was made in-store or online). In the case of Bespoke or Redesigned Product(s), where production has commenced or any materials have been committed to such Product(s), you remain liable for any remaining balance as set out in the relevant invoice, subject to our mitigation of losses. This will not affect your legal rights as a consumer in relation to a Product that is faulty or not as described.

14.8. If we are providing repair or engraving services, you cannot cancel your Order if we have already started the work. If the services were requested online through our Website and you have expressly asked us to begin these services during the 14-day return period, you will not have the right to cancel once these services have been fully performed. If you choose to cancel before the services have been fully performed, you must pay for the services provided up to the date of cancellation.

14.9. For hygiene reasons, we cannot exchange or refund earrings, unless they are defective or faulty.

14.10. In-store purchases at the Los Angeles store may, where the product page or in-store policy permits return, be returned in person to that store. Products purchased online cannot be returned to the LA store; they must be returned to our Belgian facility in accordance with clause 14.6.

14.11. A prompt refund of the price of the Product(s) will be issued once we are satisfied with the returned Product(s), which typically takes 5–10 business days after we receive the returned Product(s).

15. Our right to cancel

15.1. We may end the contract with you at any time by writing to you if: (a) you do not make any payment to us when it is due and you still do not make payment within 7 (seven) days of us reminding you that payment is due; (b) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the Product(s); or (c) you do not, within a reasonable time, allow us to deliver the Product(s) or collect them from us.

15.2. If we end the contract in the situations set out in clause 15.1, we will refund any money you have paid in advance for Product(s) we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract. Where we terminate under clause 15.1(b) in respect of Bespoke Product(s) or Redesigned Product(s), clause 6.3A applies to any deposit paid.

15.3. We may write to you to let you know that we are going to stop providing the Product(s). We will let you know at least 7 (seven) days in advance of our stopping the supply of the Product(s) and will refund any sums you have paid in advance for Product(s) which will not be provided.

15.4. We may have to cancel an Order before the Product(s) are delivered or collected by you, due to an Event Outside Our Control or the unavailability of stock. If this happens: (a) we will promptly contact you to let you know; (b) if you have made any payment in advance for Product(s) that have not been delivered to you, we will refund these amounts to you; and (c) except where production has commenced on your Order by the time we have to cancel, and except for Bespoke Product(s), Redesigned Product(s), and Engraved Product(s), we will not charge you anything and you will not have to make any payment to us.

16. Privacy

Your use of the Website and the Products is also governed by our Privacy Policy, available at https://kimai.com/privacy-policy/. The Privacy Policy describes how we collect, use, share and protect your personal information, and includes the disclosures required by applicable state privacy laws.

17. Electronic communications (TCPA / CAN-SPAM)

17.1. By providing your email address or mobile phone number to us, you consent to receive communications from us regarding your Order. If you opt in to marketing communications (including SMS text messages), you authorize Kimai and its service providers to send you such communications, including via automated technology, in accordance with the Telephone Consumer Protection Act (47 U.S.C. § 227) and the CAN-SPAM Act. Consent to marketing messages is not a condition of purchase. Message and data rates may apply. You may opt out at any time by replying STOP to any text message or by following the unsubscribe instructions in any marketing email.

18. Accessibility

Kimai is committed to ensuring that our Website is accessible to people with disabilities in accordance with the Americans with Disabilities Act (42 U.S.C. § 12101 et seq.) and other applicable laws. If you experience any difficulty accessing our Website or have suggestions for improving accessibility, please contact us at [email protected].

19. State-specific notices

We sell to consumers across all 50 US states. The following state-specific notices apply where you are resident in the named state.

California

Under California Civil Code § 1789.3, California residents are entitled to the following consumer rights notice: the provider of this Website is Kimai Ltd (Belgian branch), Rijfstraat 2, bus 171, 2018 Antwerpen, Belgium. To file a complaint regarding the Website or to receive further information regarding use of the Website, please contact us at [email protected]. You may also contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.

Pursuant to California Health & Safety Code § 25249.6 (“Proposition 65”), Products sold or shipped into California may expose you to chemicals known to the State of California to cause cancer, birth defects or other reproductive harm. For more information, visit https://www.p65warnings.ca.gov.

California Song-Beverly Consumer Warranty Act (Cal. Civ. Code §§ 1790 et seq.) implies certain warranties of merchantability and fitness for goods sold in California. Nothing in clause 9 is intended to limit or disclaim those implied warranties to a greater extent than permitted by Song-Beverly.

New Jersey

Pursuant to the New Jersey Truth-in-Consumer Contract, Warranty and Notice Act (N.J. Stat. Ann. § 56:12-14 et seq.), nothing in these Terms is intended to violate any clearly established legal right of a New Jersey consumer. Any provision that purports to do so shall not be enforceable against a New Jersey consumer to that extent. For New Jersey consumers, the limitation of liability in clause 11 and the indemnification in clause 12 do not apply to the extent prohibited by N.J. Stat. Ann. § 56:12-15.

Other states

Consumers in other US states may benefit from additional non-waivable statutory rights under their state's consumer protection laws (including but not limited to the Massachusetts Consumer Protection Act, the Connecticut Unfair Trade Practices Act, the Texas Deceptive Trade Practices Act, and the Florida Deceptive and Unfair Trade Practices Act). Nothing in these Terms is intended to limit any such non-waivable rights.

20. Binding arbitration and class action waiver

PLEASE READ THIS CLAUSE CAREFULLY. IT REQUIRES YOU TO RESOLVE DISPUTES WITH KIMAI BY INDIVIDUAL BINDING ARBITRATION AND WAIVES YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION.

20.1. Agreement to arbitrate. Except for the Excluded Claims (defined below), you and Kimai agree that any dispute, claim or controversy arising out of or relating to these Terms, the Website, the Products or any related transactions (a “Dispute”) shall be resolved exclusively by final and binding individual arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify.

20.2. Arbitration rules and forum. The arbitration will be administered by AAA pursuant to its Consumer Arbitration Rules. The arbitration will be conducted in Los Angeles County, California by a single neutral arbitrator. The arbitrator's decision shall be final and binding, and judgment on the award may be entered in any court of competent jurisdiction.

20.3. Class action waiver. You and Kimai agree that each may bring claims against the other only in an individual capacity and not as a plaintiff or class member in any purported class, consolidated or representative proceeding. The arbitrator may not consolidate the claims of multiple persons. If this class action waiver is found to be unenforceable as to a particular claim, that claim shall be severed and litigated in court, but the remainder shall remain in arbitration.

20.4. Excluded Claims. The following claims are not subject to arbitration: (a) claims for injunctive relief to protect intellectual property rights; (b) claims in small claims court; and (c) claims that may not be arbitrated under applicable law.

20.5. 30-day informal dispute resolution. Before initiating arbitration, you and Kimai agree to attempt to resolve any Dispute informally by contacting the other party in writing and engaging in good-faith negotiations for 30 days.

21. Other important terms

21.1. We may transfer or assign our rights and obligations under these Terms to another organization without notice to you. You may only transfer your rights or your obligations under these Terms to another person with our prior written consent.

21.2. These Terms are between you and us. No other person shall have any rights to enforce any of these Terms.

21.3. Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

21.4. If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you. If we do waive a default by you, we will only do so in writing.

21.5. No third-party beneficiaries: nothing in these Terms is intended to or shall confer any third-party beneficiary rights on any person other than you and Kimai.

21.6. Entire agreement: these Terms (together with our Privacy Policy and any other policies referenced herein) constitute the entire agreement between you and us regarding the Website and the Products, superseding any prior agreements.

21.7 Governing law

These Terms are governed by and construed in accordance with the laws of the State of Delaware without regard to its conflict of laws principles. The United Nations Convention on Contracts for the International Sale of Goods (CISG) is expressly excluded. Notwithstanding the foregoing, nothing in these Terms shall deprive a consumer of the protection of any non-waivable provisions of the consumer protection law of the consumer's state of residence within the United States that would apply absent this choice of law.

21.8 Jurisdiction (subject to arbitration clause)

Subject to clause 20 (Binding Arbitration), any Dispute that proceeds in court shall be brought exclusively in the state or federal courts located in Los Angeles County, California, and you and Kimai hereby consent to the personal jurisdiction of, and venue in, such courts. The foregoing is without prejudice to any non-waivable right of a consumer to bring proceedings in the consumer's state of residence under applicable state consumer protection law.

21.9 Contact

For all online-Order questions or complaints, please contact us at [email protected] or by post to: Kimai Ltd (Belgian branch), Rijfstraat 2, bus 171, 2018 Antwerpen, Belgium. For questions about in-store purchases at the Los Angeles store, please contact us at [email protected] or by post to: Kibling Retail LLC, 8463-2 Melrose Place, Los Angeles, CA 90069, USA.