KUIU Terms and Conditions

When you use the KUIU website, you are automatically agreeing that both your access to the site and your use of it are subject to these Terms and Conditions

Please refer to this page frequently to review our current Terms and Conditions. Your use of the KUIU website constitutes your agreement to follow and be bound by these terms.

IF YOU ARE LOCATED IN THE U.S., PLEASE NOTE THAT THESE TERMS AND CONDITIONS CONTAIN AN ARBITRATION CLAUSE AND CLASS ACTION WAVIER (SEE THE ARBITRATION SECTION BELOW). THROUGH YOUR AGREEMENT TO THESE TERMS AND CONDITIONS: (I) YOU AND KUIU AGREE TO RESOLVE THROUGH BINDING, INDIVIDUAL ARBITRATION, AND NOT IN COURT, ANY AND ALL DISPUTES ARISING FROM OR RELATING TO THESE TERMS, THE SERVICES, INFORMATION, OR ANY OTHER SERVICES OR PROVIDED, LICENSED, MANAGED, OPERATED, OR FULFILLED BY KUIU; AND (II) YOU AND KUIU EACH EXPRESSLY WAIVE ANY RIGHTS TO ENFORCE THESE TERMS OF USE IN COURT OR AS A CLASS, SUBJECT TO THE LIMITED EXCEPTIONS DESCRIBED BELOW.

Age Restrictions:

By using KUIU.com you also represent that you are at least 18 years old, or you are at least the minimum legal age to enter into a contract in the jurisdiction in which you are viewing the site.

Copyrights & Trademarks:

COPYRIGHTS:

The following elements of this website are the property of KUIU or our suppliers and are protected by United States and international copyright laws:

Trademarks:

The trademarks or trade dress of KUIU and our affiliates may not be used without our written permission. Trademarks or trade dress include the KUIU name and logo, and other graphics and other indicia of origin of KUIU products, services, and programs, and those of our affiliates.

All other trademarks that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by our affiliates or us.

USE:

You have permission to electronically copy and print hard copies of pages from this website solely for personal, non-commercial purposes related to placing an order or shopping with KUIU.com. Unless we give you written permission in advance, any other use of this website, its content and its information, including linking or framing to this website, is strictly prohibited.

Errors and Inaccuracies:

Our goal is to provide complete, accurate, up-to-date information on our website. Unfortunately, it is not possible to ensure that any website is completely free of human or technological errors. This site may contain typographical mistakes, inaccuracies, or omissions, some of which may relate to pricing, availability, and coloring, and some information may not be complete or current. We reserve the right to correct any errors, inaccuracies or omissions - including after an order has been submitted - and to change or update information at any time without prior notice. We sincerely apologize for any inconvenience this may cause.

Legal Policies:

DISCLAIMER OF LIABILITY:

We make no representations or warranties of any kind, whether express or implied, with respect to this website, its content, or the information available on or through it; they are provided "as is," with all faults. Except as otherwise provided under applicable laws, we and our corporate affiliates, and the directors, officers, employees, agents, contractors, successors and assigns of each, will not be liable for any damages whatsoever arising out of or related to the use of this website or any other website linked to it. This limitation of liability applies to direct, indirect, consequential, special, punitive, or other damages you or others may suffer, as well as damages for lost profits, business interruption or the loss of data or information, even if we are notified in advance of the potential for any such damages.

INDEMNITY:

You agree to indemnify and hold us and our affiliates, agents, employees, officers, directors, and licensors harmless from any claim that may arise from your use of this Website.

AI AND AUTOMATED TOOLS:

Overview

KUIU may incorporate Artificial Intelligence (AI) and other automated technologies into various aspects of the website, customer service, product recommendations, fraud detection and logistics. These tools are intended to improve user experience, enhance operational efficiency, and provide more relevant content and support.

Non-Human Output Disclaimer

Some interactions or outputs—including responses from virtual agents, product suggestions, and search results—may be generated by automated systems or AI models. These tools may not always reflect accurate, complete, or up-to-date information and should not be solely relied upon for purchasing decisions or policy interpretation.

No Binding Representations

Any information, guidance, or suggestions provided by AI-driven systems are for general informational purposes only and do not constitute a binding commitment by KUIU. Official terms, policies, and product details are those explicitly published by KUIU or communicated by an authorized human representative.

Privacy and Data Use

Your interactions with AI-enabled features may be logged, processed, and analyzed to improve our services and offerings. Data may also be used to train models or enhance system accuracy in accordance with our Privacy Policy. Do not submit sensitive personal, financial, or order-related information to automated systems unless explicitly directed to do so through secure channels.

Limitation of Liability

KUIU disclaims all liability for damages arising from the use or misuse of AI-generated content or automated tools. Use of these technologies is at your own risk. KUIU makes no warranties, express or implied, regarding the accuracy or fitness for a particular purpose of AI-powered features.

User Responsibility

By using KUIU’s website or services, you acknowledge and accept the presence of automated technologies and agree not to rely on them as a substitute for professional advice or customer service when accuracy is critical.

PROMOTIONS:

KUIU sales and coupon discounts ("promotions") are valid only on purchases of in-stock products during the specified time. Promotions are not valid towards previous purchases. KUIU reserves the right to change or modify promotions at any time.

NO RESALE OR REPLICATION:

The reselling of any KUIU products is prohibited. All products sold to you by KUIU are provided for your use only (unless otherwise specifically stated or approved) and you agree not to reproduce, replicate, sell, transfer, trade, resell, distribute or exploit for any commercial or personal purposes any such products through any means or channels, including physical marketplaces, online marketplaces, websites, webstores and any other online channels.

KUIU reserves the right to limit, cancel or prohibit orders that, in our judgment, appear to be placed with an intent to violate this policy. We do not authorize the purchase of commercial quantities of any KUIU products and we may place limits on such purchases. We may also, among other things, restrict orders placed by or under the same customer account or the same credit card, or orders that use the same billing or shipping address. We further reserve the right to stop doing business with customers who violate this policy or any other part of these terms and condition. Notwithstanding the foregoing, this policy does not restrict an individual customer’s ability to resell used or non-returnable products to friends, family, or colleagues.

USER CONDUCT:

You may only use KUIU’s platform, products, and services for your personal, non-commercial personal use only, and for no other purposes. You agree not to violate or attempt to violate the security of KUIU’s platforms, including, without limitation, actions such as:

• Attempting to gain unauthorized access to KUIU’s computer system or engaging in any activity that interferes with the performance of, or impairs the functionality or security of KUIU’s platform, services, networks, and computer systems;

• Accessing any of KUIU’s platform, services, networks, and computer systems through any automated means or with any automated features or devices (including use of scripts or web crawlers); and

• Accessing or collecting any personally identifiable information, including any names, email addresses or other such information for any purpose.

Failure to adhere to the aforementioned policies could result in legal action, fines, or cease orders put forth by KUIU.

CHOICE LAW AND FORUM; DISPUTE RESOLUTION; CLASS WAIVER:

Choice of Law; Forum

These Terms and Conditions are go1verned by, and construed in accordance with, the laws of the State of California, without regard to any choice of law, conflicts of law or other principles that would result in the application of the laws or regulations of any other jurisdiction. You agree that any action at law or in equity arising out of or relating to these Terms and Conditions or your use of the website that is not subject to arbitration shall be filed, and that venue properly lies, only in the state or federal courts located in Sacramento County, California, and you consent and submit to the personal jurisdiction of such courts for the purposes of litigating such action, and waive all objections thereto.

Arbitration Agreement

Subject to the Arbitration Exceptions described below, any dispute arising out of or relating in any way to your use of our Service, Site or any products, services, or information you receive through our Site or Service, shall be submitted to confidential, binding arbitration in the city of Sacramento County, California, USA, or, at your election, in the county seat of the county within the USA where you reside. The arbitrator’s award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

Arbitration Exceptions

The agreement to arbitrate does not apply to: (i) any claim within the jurisdiction of a small claims court consistent with the jurisdictional and dollar limits that may apply, as long as it is an individual dispute and not a class action; and (ii) any dispute relating to the ownership or enforcement of intellectual property rights (the “Arbitration Exceptions”). Nothing in this arbitration section precludes a party from seeking injunctive relief in aid of arbitration from a court of competent jurisdiction.

Initial Informal Resolution Process

Before commencing an arbitration, you agree to inform us of the nature of the claim, material facts sufficient to assess the merits of the claim, and the relief you seek by sending an email to legal@kuiu.com so stating. We will send any notice of a Dispute to you at the contact information we have available for you, which may include, if applicable, the contact information associated with your KUIU account. You and KUIU will attempt to resolve the dispute through informal negotiation within sixty (60) days beginning from the date the notice of a dispute is sent. This informal negotiation requires an individual meet-and-confer in person, or via teleconference or videoconference, that addresses only the dispute between you and KUIU. After the end of the sixty (60) day informal negotiation period and not before, and only after the completion of the informal negotiation, you or we may commence an arbitration proceeding regarding the dispute.

Arbitration Rules

Any arbitration between you and KUIU will be governed by the Federal Arbitration Act and the Commercial Dispute Resolution Procedures and Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), as modified by these Terms and Conditions, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting KUIU. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement.

Notice; Arbitration Process

If, following the informal dispute resolution process the parties do not reach a resolution, and you or KUIU intends to seek arbitration, then the party seeking arbitration must first send a written notice of the dispute to the other party by U.S. Mail ("Notice"). KUIU address for Notice is: 1920 N Lincoln St, Ste 101, Dixon, CA 95620, with an email copy sent to: legal@kuiu.com. The Notice must: (i) describe the nature and basis of the claim or dispute; and (ii) set forth the specific relief sought ("Demand"). During the arbitration, the amount of any settlement offer made by you or KUIU must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. Each party’s attorneys’ fees, expert costs, and other costs and expenses incurred in connection with arbitration will be borne by the party incurring such costs and expenses. The Parties will agree to conduct the dispute: (i) solely on the basis of documents submitted to the arbitrator; (ii) through a non-appearance-based telephone hearing; or (iii) by an in-person hearing as established by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. You and KUIU agree that such written decision, and information exchanged during arbitration, will be kept confidential except to the extent necessary to enforce or permit limited judicial review of the award. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from you or KUIU made within 14 days of the arbitrator's ruling on the merits.

Class Waiver

THE PARTIES AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER (WHETHER IN ARBITRATION OR OTHERWISE) ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY ACTUAL OR PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION OR PROCEEDING. IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION WE EACH WAIVE ANY RIGHT TO A JURY TRIAL. NO ARBITRATION UNDER THESE TERMS OF USE MAY BE JOINED WITH ANOTHER ARBITRATION RELATED TO THE SUBJECT MATTER OF THE DISPUTE OR ANY OTHER CLAIMS UNDER THESE TERMS OF USE. IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION, YOU WAIVE YOUR RIGHT TO BRING OR PARTICIPATE IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION, AND WE EACH WAIVE ANY RIGHT TO A JURY TRIAL.

Limitation on Claims

THE PARTIES AGREE THAT ANY CAUSE OF ACTION OR CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OF USE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Enforceability

If an arbitrator decides that applicable law precludes enforcement of any of the limitations of this Arbitration section above (addressing class, representative and consolidated proceedings) as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and brought in court. If any other provision of these Terms and Conditions is found to be unenforceable, the applicable provision shall be deemed stricken and the remainder of these Terms and Conditions shall remain in full force and effect.

Modifications to this Arbitration Provision

Notwithstanding anything to the contrary in these Terms and Conditions, if KUIU makes any future change to this arbitration provision, other than a change to KUIU’s address for Notice, you may reject the change by sending us written notice within 30 days of the change to KUIU address for notice, in which case this arbitration provision, as in effect immediately prior to the changes you rejected, will continue to govern any disputes between you and KUIU.

GENERAL RETURN AND EXCHANGE POLICY:

Although KUIU always strives to ensure its customers are satisfied with its products, KUIU reserves the right, in its sole discretion, to process returns and exchanges through any means of its choosing, including without limitation, issuing an exchange and/or replacement, refunding a purchase, issuing a KUIU credit, or other such steps as KUIU determines are appropriate.

Any misuse or abuse of KUIU’s return and exchange policy or of KUIU’s terms and conditions of sale, in KUIU’s sole discretion, shall render an individual ineligible for KUIU’s return and exchange policy. In the event KUIU determines an individual is ineligible for KUIU’s return and exchange policy, in addition to other remedies that may apply, KUIU may limit, remove, or revoke the ability for such individual to proceed with or receive refunds, returns, or exchanges and/or preclude such individual from making future purchases.

KUIU reserves the right to cancel, amend, or modify its return and exchange policy at any time in its sole discretion.

You may return your unused, unworn, and clean item(s) for a refund, store credit, or a size exchange, based upon availability, within 30 days of purchase, with the following exceptions (1) KUIU Outlet items, Gift Cards, and E-Gift Cards are Final Sales and not eligible for a refund, exchange, or credit, (2) to the extent a specific product is available, size exchanges are available on only US orders at this time.

For U.S. customers, to make a return, please initiate the return/exchange on our online Returns and Exchanges Portal.

For international customers, our partner ESW manages returns. You can initiate your return for a refund on our ESW Returns Portal.

SPECIFIC RETURN POLICY:

To be eligible for a return:

• The item(s) must be returned to KUIU within 30 days of the original purchase date.

• Any returned product must be clean, unused and unworn with original tags attached; Products containing pet hair, stains, odors, or other conditions indicating that the product is not clean, unused and unworn cannot be accepted for a return;

• All returns must be associated with a Return Merchandise Authorization (RMA). Items returned without an RMA will not be accepted. RMAs are created through our Returns and Exchanges Portal. Please contact customer service if you need help initiating your Return.

In the event of a refund, a credit for the full purchase price (shipping excluded) will issue to the original payment method, generally within 5-7 business days from receiving the returned product, though could be longer depending on return volume. A refund issued to a credit card will appear on your account based on the bank’s policy. A KUIU store credit will be provided for gift returns.

SPECIFIC EXCHANGE POLICY:

Products can be exchanged for a different size based on availability at the time of processing at our warehouse. Size Exchanges are only available for U.S. orders at this time. Some items are ineligible for exchange.

Once we receive your request for an exchange, we will process it. If the desired exchange item is available, we will mail the new size out to you generally within 5-7 business days from the day we receive your package. The processing time could be longer depending on return volume. All Exchanges ship Standard shipping. You will receive an order confirmation email after the exchange order is placed. You will receive tracking information once the order ships.

If the desired product is not available at the time we process your exchange, your purchase price for the product will be refunded to the original form of payment. For gift exchanges, if the desired product is not available at the time we process your exchange, you will receive a KUIU store credit for the returned item.

To be eligible for an exchange:

• The item(s) must be returned to KUIU within 30 days of the original purchase date.

• Any exchanged product must be clean, unused and unworn with original tags attached; Products containing pet hair, stains, odors, or other conditions indicating that the product is not clean, unused and unworn cannot be accepted for a return;

• All exchanges must be associated with a Return Merchandise Authorization (RMA). Items returned without an RMA will not be accepted. RMAs are created through our Returns and Exchanges Portal. Please contact customer service if you need help initiating your Exchange.

NEED A DIFFERENT ITEM OR COLOR:

We are happy to help you place a new order and provide you with free standard shipping on your replacement order, (US only). We will process both the return of your original shipment and purchase of the replacement item simultaneously. Note that there will be a timing mismatch for payment of the replacement item before receiving credit on your return. Please call Customer Service at 800-648-9717 or email service@kuiu.com to assist with your request.

A new order will be placed for the desired exchange merchandise and a charge to your credit card or other desired payment method of choice is processed. You will receive an Order Confirmation email when the new order is placed.

Once the authorized return merchandise is accepted and processed, a credit of the full purchase price (shipping excluded) will be issued to the chosen payment method, generally within 5-7 business days from receiving, though could be longer depending on volume.

MISCELLANEOUS RETURN AND EXCHANGE POLICIES:

All text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and any other works of authorship—both individually and as they are compiled on the site are the sole property of KUIU, LLC.

Subject to the terms and conditions in this legal notice, including any and all applicable laws, which may change at any time without notice. Any return action is undertaken at your own risk.

WARRANTY POLICY:

WHAT WARRANTY COVERS:

This warranty covers defects in materials and any manufacturer workmanship defects for the practical lifespan of the product.

HOW LONG COVERAGE LASTS:

This warranty lasts for the Practical Product Lifespan. Practical Product Lifespan means the usual and customary wearable life of the product.

WHO IS COVERED UNDER WARRANTY:

This warranty is for the original consumer purchaser only. It is not transferable. Proof of purchase must be verified.

WHAT WARRANTY DOES NOT COVER:

Damage due to user wear and tear is not covered. This warranty is null and void if the product is used in a manner it is not intended for. The warranty is limited to one repair or replacement per original purchase.

Any problem that is caused by abuse, misuse, or an act of nature (fire, flood, moths, etc.) is not covered. Snags, stains, pilling, discoloration, deterioration, burns, or damage from normal wear and tear are not covered by this warranty. Outlet purchases are not covered by warranty. Consequential and incidental damages are not recoverable under this warranty.

WHAT KUIU WILL DO:

If the item proves to be defective in workmanship, KUIU will attempt to repair the item. If this is not possible we will replace it with a new item of similar composition and price. If no such item is available, a refund for the full purchase price of the original item will be issued at KUIU discretion.

LIMITATION ON DAMAGES AND DURATION OF IMPLIED WARRANTIES:

KUIU will repair or replace the product as provided under this Lifetime Warranty. This shall be the only remedy of the consumer. KUIU shall not be liable for any loss or damages, including consequential, indirect, and incidental damages arising out of the use of, or inability to use, the product, or for breach of any expressed or implied warranty or condition on this product. Except to the extent prohibited by law, any implied warranties or conditions of merchantability and fitness for a particular purpose are limited in duration to the duration of this warranty.

HOW TO PLACE A CLAIM:

Submit the Warranty Request Form here https://www.kuiu.com/pages/warranty-form, contact KUIU by email at warranty@kuiu.com, or by phone at 1(800)648-9717, during normal business hours Monday-Friday from 8:30AM-5:00PM PST. You may be asked to provide photographs and to return the product for review.

California law states that products accepted for review must be clean. Please clean your products before returning them to us, otherwise we will not be able to accept them.