Terms of Use

Terms of Use...

**PLEASE NOTE** All items are produced in small quantities in Los Angeles, CA USA, to ensure the highest quality merchandise reaches our customers. Because of these small production runs, there may be slight variations in colors, fabric, & fit.

Coupon Codes
If you mistakenly forget to enter your valid Coupon Code at the time of checkout, you may call or email our offices within 24 hours and we will correct your order total. Your correction may appear as a refund. All Refunds should appear on your credit card statement within 7-10 business days. If you are purchasing more than 4 items, a better price may be authorized if you call and place a phone order through our office (323.664.2600).

Shipping, Processing, Handling of Orders
 Are generally processed and shipped within 48 Hours after receiving your order. However, there are exceptions. If you order on a Friday after 4 pm, your order may not be seen by our staff until the following Monday morning…and therefore shipped on that Wednesday. If you receive a shipping conformation email after 4 pm…your order may not ship until the following business day. Holidays, Bad weather, out-of-stock items, and other unforeseen mishaps could also cause delays in shipping your order. UPS Ground & USPS Flat Rate Boxes usually arrive within 4 business days after the package is shipped. All others should be self explanatory.
Customer Reviews
We often offer our customers a Free Gift when a positive customer review is left on our shopping site. Free Gifts sent for these customer reviews are done at our leisure and when product is available. If more than 1 positive review is made, an upgraded gift may be sent at the digression of Kelly Nishimoto.
Terms and Conditions
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that access to and use of this site is subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.
Copyright
The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of Kelly Nishimoto. The collective work includes works that are licensed to Kelly Nishimoto. All Copyright Reserved 2010, Kelly Nishimoto. ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with Kelly Nishimoto or purchasing Kelly Nishimoto products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with Kelly Nishimoto or to purchase Kelly Nishimoto products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by Kelly Nishimoto. You further agree not to change or delete any proprietary notices from materials downloaded from the site.
Trademarks
All trademarks, service marks and trade names of Kelly Nishimoto used in the site are trademarks or registered trademarks of Kelly Nishimoto.
Warranty Disclaimer
This site and the materials and products on this site are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, Kelly Nishimoto disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Kelly Nishimoto does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. Kelly Nishimoto does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
Limitation of Liability
Kelly Nishimoto shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if Kelly Nishimoto has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
Typographical Errors
In the event that a Kelly Nishimoto product is mistakenly listed at an incorrect price, Kelly Nishimoto reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Kelly Nishimoto reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Kelly Nishimoto shall issue a credit to your credit card account in the amount of the incorrect price.
Terms; Termination
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by Kelly Nishimoto without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.
Notice
Kelly Nishimoto may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to Kelly Nishimoto.

Miscellaneous
Your use of this site shall be governed in all respects by the laws of the state of California, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of Kelly Nishimoto products) shall be in the state or federal courts located in Los Angeles County, California. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of Kelly Nishimoto products) must be commenced within one (1) year after the claim or cause of action arises. Kelly Nishimoto's failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Kelly Nishimoto may assign its rights and duties under this Agreement to any party at any time without notice to you.
Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Kelly Nishimoto or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.

Participation Disclaimer
Kelly Nishimoto does not and cannot review all communications and materials posted to or created by users accessing the site, and are not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, Kelly Nishimoto is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, Kelly Nishimoto reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to Kelly Nishimoto in its sole discretion.

Indemnification
You agree to indemnify, defend, and hold harmless Kelly Nishimoto, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.

Third-Party Links
In an attempt to provide increased value to our visitors, Kelly Nishimoto may link to sites operated by third parties. However, even if the third party is affiliated with Kelly Nishimoto, Kelly Nishimoto has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Kelly Nishimoto. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Kelly Nishimoto seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).