TERMS OF SALE
This agreement (the "Agreement") sets forth the terms and conditions that apply to the purchase of products
(the "Product(s)") from APP Group Inc., also known as Soia & Kyo.
Soia & Kyo reserves the right to change the Agreement without prior written notice at any time, at its sole discretion.
The terms "you" and "your" refer to the purchaser of Products using the www.soiakyo.com website (the "Website").
By using the Website to make online purchases of products, you agree to be bound by and accept the terms and conditions set forth in the Agreement, and you represent that you are of legal age to enter into the Agreement and become bound by its terms. The Agreement contains important information about your rights and obligations, as well as limitations and exclusions that may apply to you.
Except as expressly provided for in the Agreement, Soia & Kyo does not make or give any representation or warranty with respect to the Products you may purchase from the Website and Soia & Kyo’s liability is limited.
0. TERMS AND CONDITIONS FOR GIFT WITH PURCHASE PROMOTION
Enjoy a complimentary JAYA beanie with a full priced purchase of $295 (USD OR CAD) or more. This promotion is available online only. The price will automatically be adjusted at checkout. Promotion valid until January 27th, 2023 4:00 PM EST or while quantities last. Only 1 JAYA beanie per transaction. If any item(s) from the original purchase is returned without the JAYA beanie, the retail value of the JAYA beanie will be automatically deducted from the refund. Promotion is according to stock availability, while quantities last. Not valid for cash equivalent. No adjustments to previous purchases. The promotion is applicable to residents of, and orders placed within the U.S.A. and Canada. The promotion cannot be combined with any other promotions and is only valid on regular priced items before taxes.
1. CONSENT TO USE OF ELECTRONIC DOCUMENTS
You hereby consent to the exchange of information and documents between you and Soia & Kyo over the Internet or by e-mail, and that the Agreement (together with any applicable Order Confirmation(s) accepted by Soia & Kyo as indicated in Section 3, below) in electronic form shall be the equivalent of an original written paper agreement between you and Soia & Kyo. You further agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
2. OTHER DOCUMENTS, AGREEMENTS AND POLICIES
3. ORDER CONFIRMATION
Before submitting an order for the purchase of Products using the Website, you will be shown an order confirmation screen (the "Order Confirmation") describing, among other things, the Product(s) to be ordered, the purchase price and any applicable charges for shipping, duties (if applicable) and taxes. When you submit your order, such order will constitute an offer from you to Soia & Kyo to purchase the Product(s) described in the Order Confirmation, for the price and subject to the other charges, terms and conditions set out in the Order Confirmation. Orders are not binding on Soia & Kyo until accepted by Soia & Kyo. Acceptance of your order is evidenced by (i) return e-mail from Soia & Kyo indicating that your order has been accepted; and (ii) the actual shipment of the Products by Soia & Kyo to you.
Soia & Kyo reserves the right, in its discretion, to limit quantities, terminate accounts and to refuse or cancel any order, including after the order has been submitted, whether or not the order has been confirmed and your credit card charged. In the event that your order is cancelled after your payment has been processed, Soia & Kyo will issue a full refund.
All prices quoted are payable in USD Dollars for purchases made on the United States online store. Although Soia & Kyo strives to provide accurate product and pricing information, errors may occur. Soia & Kyo reserves the right to correct any errors in pricing or product information and to modify the prices of Products, at any time, without prior notice. Soia & Kyo cannot confirm the price of a Product until after you submit an order for the Product. Without limiting the generality of Section 4 above, in the event that the price or related information for a Product (as described on the Website and/or the Order Confirmation) is incorrect due to an error in pricing or product information, Soia & Kyo may, at its sole discretion, refuse or cancel your order, whether before or after Soia & Kyo’s acceptance thereof. If there is such an error in pricing, Soia & Kyo will cancel your order and reverse any charges that have been applied, then contact you to ask you to place a new order for the Product at the correct price.
PRICE INFORMATION PROVIDED ON THE WEBSITE IS SUBJECT TO CHANGE WITHOUT NOTICE. ALL PRICES QUOTED ARE IN USD DOLLARS.
6. PAYMENT TERMS
Terms of payment shall be determined at Soia & Kyo’s sole discretion. Payment shall be made by credit card unless some other pre-arranged method of payment has been accepted by Soia & Kyo. Any payments made by credit card are subject to the approval of the financial institution that has issued your credit card.
7. PRODUCT INFORMATION AND AVAILABILITY
The availability of certain Products may be limited, and Products may not be available for immediate delivery. Soia & Kyo may revise or cease to make available any Products at any time without prior notice. In the event that Soia & Kyo is unable to deliver to you a Product ordered due to lack of availability, Soia & Kyo will notify you via e-mail and your order will be automatically cancelled with respect to such unavailable Product, provided that Soia & Kyo may, in its sole discretion, contact you in order to give you the option to maintain your order subject to a revised delivery time if and when the Product becomes available.
Soia & Kyo attempts to be as accurate as possible in describing all Products available for sale and/or distribution by Soia & Kyo. However, Soia & Kyo does not warrant that Product descriptions or other content of the Website are always accurate, complete, reliable, current or error-free.
THE PRODUCTS AVAILABLE FOR SALE AND/OR DISTRIBUTION BY SOIA & KYO ARE AVAILABLE ONLY IN THE U.S.A. AND THIS ONLINE STORE IS DIRECTED ONLY AT CUSTOMERS AND PROSPECTIVE CUSTOMERS IN THE U.S.A.
8. SHIPPING AND TAXES
Soia & Kyo will ship the Product(s) ordered by you according to the delivery method you have chosen and to the address indicated in the Order Confirmation. Delivery times provided by Soia & Kyo are estimates only. Soia & Kyo shall not be responsible for any damages or costs resulting from any delays in delivery.
SOIA & KYO WILL ONLY SHIP PRODUCTS TO ADDRESSES LOCATED IN THE U.S.A. FOR PURCHASES MADE ON THE U.S.A. ONLINE STORE.
FEDEX REQUIRES, UPON DELIVERY, AN ADULT SIGNATURE AS A PROOF OF DELIVERY SO PLEASE ENSURE SOMEONE IS AVAILABLE TO RECEIVE THE PARCEL ON YOUR BEHALF.
Unless otherwise stated, all prices showing on the Website do not include shipping and handling charges and, when applicable, federal and provincial sales taxes. Separate charges for shipping, handling and taxes will be shown on the Order Confirmation for each Order, as applicable.
9. OWNERSHIP AND RISK OF LOSS
All Product(s) purchased from Soia & Kyo are delivered to you by a third-party delivery company, pursuant to a shipping contract. You shall become the owner of the Product(s) and shall assume the risks of loss at the time of remittance by Soia & Kyo of the Product(s) to the third-party delivery company. Any claim by you for a failed delivery shall be made by you directly with the shipping company (ex: FedEx) and we will try and assist you in expediting the claim.
All Product returns are subject to Soia & Kyo’s Return Policy, the terms of which are found here and incorporated herein by reference. Some restrictions may apply.
11. EXCLUSION OF WARRANTIES AND LIMITATION OF LIABILITY
Soia & Kyo offers a two-year Warranty against defects in materials and workmanship, the terms of which are found here and incorporated herein by reference.
EXCEPT AS EXPRESSLY PROVIDED FOR IN THE AGREEMENT, SOIA & KYO DOES NOT MAKE OR GIVE ANY REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION WARRANTIES AS TO UNINTERRUPTED OR ERROR FREE TRANSACTIONS, PRIVACY, SECURITY, MERCHANTABILITY, QUALITY, TITLE, DURABILITY, SUITABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSES, OR THOSE ARISING OUT OF A COURSE OF DEALING OR USAGE OF TRADE.
IN NO EVENT WILL SOIA & KYO BE LIABLE FOR ANY INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, HOWSOEVER CAUSED, INCLUDING BUT NOT LIMITED TO, ANY LOST PROFITS, LOST SAVINGS, LOSS OF USE OR LACK OF AVAILABILITY OF FACILITIES INCLUDING COMPUTER RESOURCES, ROUTERS AND STORED DATA, PUNITIVE, EXEMPLARY, AGGRAVATED OR ECONOMIC DAMAGES, ARISING OUT OF THE PRODUCTS PROVIDED BY SOIA & KYO OR OTHERWISE RELATED TO THE AGREEMENT OR THE TRANSACTIONS CONDUCTED ON OR FROM THE WWW.SOIAKYO.COM WEBSITE, EVEN IF SOIA & KYO OR ANY OF THEIR LAWFUL AGENTS, CONTRACTORS, EMPLOYEES OR MANDATARIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIM. IN NO CASE WILL SOIA & KYO’S TOTAL LIABILITY ARISING UNDER ANY CAUSE WHATSOEVER (INCLUDING WITHOUT LIMITATION BREACH OF CONTRACT, NEGLIGENCE, GROSS NEGLIGENCE OR OTHERWISE) BE FOR MORE THAN THE AMOUNT PAID BY YOU FOR THE SPECIFIC PRODUCTS ORDERED UNDER THE AGREEMENT AND TO WHICH THE CLAIM RELATES. IN NO EVENT WILL SOIA & KYO BE LIABLE TO YOU FOR DAMAGES OR LOSSES RESULTING FROM VIRUSES, DATA CORRUPTION, FAILED MESSAGES, DAMAGES ARISING AS A RESULT OF: TRANSMISSION ERRORS OR PROBLEMS, TELECOMMUNICATIONS SERVICE PROVIDERS, SOIA & KYO’S CONTRACTORS, THE INTERNET BACKBONE, THIRD-PARTY SUPPLIERS OF PRODUCTS OR SERVICES, DAMAGES OR LOSSES CAUSED BY YOU, OR YOUR RESPECTIVE EMPLOYEES, AGENTS, MANDATARIES OR SUBCONTRACTORS, OR OTHER EVENTS BEYOND THE REASONABLE CONTROL OF SOIA & KYO.
CERTAIN FEDERAL OR STATE LAWS, AS APPLICABLE, MAY NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
For the purposes of this section, "Soia & Kyo" shall include Soia & Kyo’s affiliates and its affiliates’ respective directors, officers, employees, agents, mandataries and contractors.
This section shall survive the termination or expiry of the Agreement.
12. GOVERNING LAW AND JURISDICTION
The Website is controlled and operated by Soia & Kyo from Montreal, Province of Quebec, Canada. The Agreement shall be construed and interpreted in accordance with the laws of the Province of Quebec and the laws of Canada applicable therein and shall be treated in all respects as a Quebec contract, without reference to principles of conflict of law. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.
13. DISPUTE RESOLUTION
You acknowledge and agree that any dispute that may arise between you and Soia & Kyo in respect to the Agreement and the transactions contemplated herein shall be resolved by the provincial and federal courts and tribunals sitting in the province of Quebec and you hereby irrevocably submit and attorn to the personal and exclusive jurisdiction and venue of these courts.
14. GOODS NOT FOR RESALE OR EXPORT
You represent and warrant that you are buying Products from the Site for your own personal or household use only, and not for resale or export.
Products sold or delivered under the Agreement shall be subject to the export control laws and regulations of the United States of America. You agree to comply at all times with all such laws and regulations. You will defend, indemnify and hold Soia & Kyo harmless against all claims, damages or liability resulting from breach of the foregoing.
It is expressly agreed between the parties hereto that the purchase of products with the intent of commercially selling and/or exporting them is strictly prohibited.
The headings of the Agreement are inserted for convenience of reference only and do not affect the construction or interpretation of the Agreement.
16. NO ASSIGNMENT
You may not assign your rights or obligations under the Agreement without the express written consent of Soia & Kyo.
17. SUCCESSORS AND ASSIGNS
The Agreement shall inure to the benefit of and be binding upon each of the parties hereto and their respective successors and permitted assigns.
The provisions of the Agreement shall be deemed severable. In the event that any provision of the Agreement is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions.
19. ENTIRE AGREEMENT
The Agreement, together with all other agreements, terms or conditions incorporated or referred to herein constitute the entire agreement between you and Soia & Kyo relating to the subject matter hereof, the use of the Website and any transactions conducted on or from the Website, and supersede any prior understandings or agreements (whether electronic, oral or written) regarding the subject matter hereof, and may not be amended or modified except in writing, or by Soia & Kyo making such amendments or modifications available to it pursuant to the Agreement.
20. NO WAIVER
The failure of Soia & Kyo to enforce any provision of the Agreement or to respond to a breach by you or any third party of the Agreement shall not in any way waive the right of Soia & Kyo to subsequently enforce any of the terms and conditions contained herein or to act with respect to similar breaches.
Soia & Kyo reserves the right, at its sole discretion, to terminate your access to all or any part of the Website, with or without notice.
22. PRICE ADJUSTMENT CLAUSE
Soia & Kyo offers a one (1) time price adjustment if an item is marked down within foorteen (14) days of the purchase date and your request is made in this period. This excludes items purchased in following conditions: FINAL SALE/Flash Sale or with a Promotional/ Discount Code. To obtain a price adjustment on a purchase made through www.soiakyo.com, please contact us at 1-855-622-5243 or via e-mail at email@example.com and reference your order number and item that requires the adjustment. If approved, a refund of the difference will be issued in the original form of payment.
The Website is the property of APP Group Inc., a US company having its head office at 210, 11th Avenue, Suite 202, New York City, NY, United States 10001. Soia & Kyo reserves the right to change the terms and conditions of the Agreement without prior written notice at any time, at Soia & Kyo’s sole discretion.
24. PHYSICAL CARD LANGUAGE
Gift Cards can only be redeemed in Soia & Kyo stores and online in the same country of purchase. Soia & Kyo is not responsible for lost, stolen or damaged cards. Protect this card like cash.
25. GIFT CARD TERMS AND CONDITIONS
By purchasing or by using a Gift Card, you agree to bound by the present Gift Cards Terms and Conditions and the broader Terms & Conditions available at https://www.soiakyo.com/pages/terms-and-conditions (collectively the “Terms”).
These Terms may be amended or modified by Soia & Kyo at any time without prior notice except if notice is required by law. Your continued use of the Gift Cards following any amendment or modification of these Terms constitutes your agreement to the revised Terms
Unauthorized Retailer – Gift Cards are only valid if purchased in a Soia & Kyo store or online. Soia & Kyo is not liable for Gift Cards purchased or obtained from nonauthorized Soia & Kyo retailers. Soia & Kyo is not obligated to honor invalid Gift Cards or balances that have been misrepresented or are incorrect.
Confirmation Digital Gift Card — As with any online purchase, you will receive both a confirmation email for your purchase and an email for the digital Gift Card.
Redemption – Gift Cards can only be redeemed in Soia & Kyo stores and online.
Usage locations — All Gift Cards must be redeemed in the same country of purchase either in-store or online.
Denominations — Gift Cards may be set in CAD and USD denominations. Once purchased, Gift Card currency denomination may not be changed.
Purchase and Transaction Limit — If purchased online, the maximum value and transaction of each Gift Card is CA$1,00 or US$1,00 depending on the country it was purchased. If purchased in-store, the maximum value and transaction of each Gift Card is CA$3,00 or US$3,000 depending on the country it was purchased.
Gift Card Amount — For purchases of more than the current amount on a Gift Card, the full amount available on the Gift Card will be used first, while the balance will be applied to the other payment type. Gift Card can be used several times and remains valid until the balance is entirely spent. Max Gift Cards per Transaction — Only one (1) digital Gift Cards can be redeemed at a time. There is no maximum for physical Gift Card.
Returns — All returns for purchases made with a Gift Card will be credited on a new Gift Card according to the applicable refund policy. If multiple payment methods were used, the portion paid with a Gift Card will be refunded accordingly.
Final Sale — Gift Cards cannot be reloaded, reimbursed, redeemed and exchanged against cash except as required by law.
Tax — Sales tax will not be applied to Gift Card purchases. If other merchandise is included in your order, tax will apply only to those items. Purchases made using Gift Cards will be charged applicable taxes.
Lost or Stolen Gift Card — Soia & Kyo is not responsible for lost, stolen or damaged cards. Gift Cards have cash value and should be safeguarded accordingly. Soia & Kyo reserves the right to cancel any Gift Card obtained illegally.
Promo Codes/Gift Card — Gift Cards may not be purchased with another Gift Card or by using promotional and discount codes.
Balance — In order to view your Gift Card’s balance, please contact Customer Service.
Expiration – There are no expiration date or accrue fees on Gift Cards.
Language — Gift Cards purchased on the Canadian English and US Soia & Kyo site will be in English; Gift Cards purchased on the Canadian French Soia & Kyo site will be in French.
Limitation of Liability — GIFT CARDS ARE PROVIDED ON AN 'AS IS' BASIS, AND SOIA & KYO MAKES NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, CONCERNING THE GIFT CARDS, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SOIA & KYO AND ITS AFFILIATES SHALL NOT BE LIABLE TO ANY PERSON OR ENTITY FOR ANY DIRECT OR INDIRECT LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE, SPECIAL OR OTHERWISE), INJURY, CLAIM OR LIABILITY OF ANY KIND OR CHARACTER WHATSOEVER BASED UPON OR RESULTING FROM THE GIFT CARDS OR ITS USE. IN THE EVENT THAT A GIFT CARD IS NON-FUNCTIONAL, YOUR SOLE REMEDY AND SOIA & KYO’S SOLE LIABILITY IS TO REPLACE SUCH GIFT CARD WITH AN AMOUNT EQUALED TO ITS LAST BALANCE. IN JURISDICTIONS WHERE PROHIBITED BY LAW, SOME OR ALL OF THE PROVISIONS CONTAINED IN THE FOREGOING PARAGRAPH MAY NOT APPLY.
If you have any question regarding the Agreement, please contact Soia & Kyo at firstname.lastname@example.org.
Updated on January 12th, 2023.