Terms and Conditions
Last Updated: [March 13th 2025]
Welcome to [Kinterra] (“Website”), owned and operated by Artemis Creations Ltd. Co. (“Company,” “we,” “us,” or “our”). We are a business entity headquartered in Georgetown County, South Carolina, United States. We are organized under the laws of the State of South Carolina. Please read these Terms and Conditions (“Terms”) carefully before using our Website or any related services.
INTRODUCTION
- Purpose of the Terms & Conditions
1.1 These Terms & Conditions (the “Terms”) govern your access to and use of the Website, including but not limited to any content, functionality, and services offered on or through the Website. The Website is owned and operated by Artemis Creations Ltd. Co., headquartered in Georgetown County, SC, United States, and organized under the laws of the State of South Carolina.
1.2 By accessing or using the Website in any manner (including but not limited to browsing, registering an account, posting or browsing user-generated content, making purchases, facilitating sales across borders, entering sweepstakes or promotions, or subscribing to any services we offer), you affirm that you have read, understand, and agree to be bound by these Terms and all other operating rules, policies, and procedures that may be published on the Website by the Company from time to time.
1.3 If you do not agree to these Terms, you must discontinue your use of the Website immediately. - Additional Policies and Agreements
2.1 Privacy Policy. Your use of the Website is also governed by our Privacy Policy, which describes how we collect, process, and share personal information. You acknowledge that you have read and understood our Privacy Policy and consent to the collection, use, and disclosure of your personal information as described therein.
2.2 Promotional or Other Terms. Certain features, promotions, contests, sweepstakes, or other offerings on the Website may be subject to additional terms and conditions. If there is a conflict between these Terms and specific terms posted for a particular feature, promotion, or area of the Website, the latter will take precedence with respect to your use or participation in that feature or promotion. - Website Description
3.1 Multi-Functional Online Marketplace. The Website serves as a multi-functional platform where (a) the Company sells goods, items, and services directly to users; (b) users can subscribe to certain ongoing services or plans offered by the Company; and (c) users may list and sell items (including cross-border transactions) to other users.
3.2 No Guarantee of Continuous Service. While we strive to keep the Website up and running, there may be instances where some or all features become unavailable due to maintenance, technical difficulties, or other reasons beyond our control. We reserve the right to modify, suspend, or discontinue any aspect of the Website at any time. Where feasible, we will provide reasonable advance notice if we anticipate extended downtime or discontinuation of certain features. - Acceptance of Amendments
4.1 Right to Modify. We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we may provide notice by posting a prominent announcement on the Website or sending an email to registered users at the email address associated with their account.
4.2 Effective Date of Amendments. Any modifications shall become effective immediately upon posting, unless we specify otherwise. Your continued use of the Website after any such changes indicates your acceptance of the updated Terms. If you do not agree with the revised Terms, you must stop using the Website.
4.3 User Responsibility. It is your responsibility to check these Terms periodically for changes. You acknowledge and agree that Artemis Creations Ltd. Co. shall not be liable to you or any third party for any changes or modifications to these Terms. - Eligibility Criteria
5.1 Age Requirement. By using or accessing the Website, you represent and warrant that you are at least 18 years old or otherwise have reached the age of majority in your jurisdiction of residence, if that age is older than 18. Individuals under 18 years of age (or the age of majority, if higher) are not permitted to use this Website unless supervised by a parent or legal guardian who agrees to be bound by these Terms.
5.2 Legal Capacity. You also represent that (a) any personal information submitted during registration is accurate and truthful, and (b) you have the full legal capacity and authority to enter into these Terms in accordance with all applicable laws. If you are using the Website on behalf of a business entity, you further represent and warrant that you have the authority to bind the entity to these Terms. - User Communications
6.1 Electronic Communications. By using our Website or sending emails to us, you consent to receive communications from us electronically. We may communicate with you via email, phone, postings on the Website, or other electronic methods. You agree that any such communications satisfy any legal requirement that such communications be in writing.
6.2 Contact Methods. If you need to contact us for any reason (including DMCA notices, refund requests, or complaints), you may do so by emailing admin@kinterrashop.com, using the contact form located at https://www.kinterrashop.com/contact-us, or by calling 843-259-2839. - Limited License and Website Access
7.1 Grant of Limited License. Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Website for personal or internal business use. This license does not include any right to (a) resell or commercialize any portion of the Website’s content; (b) collect or use product listings, descriptions, or prices without our express written permission; or (c) use any data mining, robots, or similar data-gathering and extraction tools.
7.2 Website Modifications. We may, without prior notice, terminate your license to use the Website or restrict your access to some or all portions of the Website if we find that you have violated any of these Terms or any applicable law. - Platform Nature and Disclaimer
8.1 Marketplace Environment. In addition to Company-owned items or services sold on the Website, we also provide a marketplace platform (“Marketplace”) that enables third-party sellers (“Sellers”) and buyers (“Buyers”) to engage in transactions with each other, including sales that may occur across international borders. The Company itself is not a party to these user-to-user transactions unless explicitly stated (e.g., when you purchase directly from us). Instead, the Marketplace functionality is provided for convenience and facilitation only.
8.2 No Agency. Nothing in these Terms is intended to create an agency, partnership, joint venture, employer-employee, or franchisor-franchisee relationship between you and the Company. Any and all transactions are solely between the Buyers and Sellers, unless otherwise indicated.
8.3 No Guarantee of Successful Transactions. While we provide guidelines, policies, and support tools to assist users, we do not guarantee the validity, authenticity, or success of any user-to-user transaction. We are not responsible for the accuracy of listings, the capacity of Sellers to sell items, or the capacity of Buyers to pay for items. - Cross-Border Transactions
9.1 User Responsibility for International Sales. If you choose to buy or sell items internationally, you acknowledge and agree that you are solely responsible for complying with all applicable export and import control laws, regulations, and policies, including customs regulations and licensing requirements in both the origin and destination country.
9.2 Customs and Duties. You are also responsible for determining and paying any applicable customs duties, taxes, brokerage fees, and other governmental charges that may apply to your transaction. The Company is not liable for any costs arising from cross-border sales, such as tariffs, import duties, or transit requirements.
9.3 Legal Compliance. You represent and warrant that your participation in cross-border transactions does not violate any embargoes, trade sanctions, or other restrictions imposed by the U.S. or any foreign government. You acknowledge that non-compliance with such regulations could result in legal consequences, and you agree to indemnify and hold the Company harmless from any liability arising from your cross-border activities. - Relationship with Payment Processors
10.1 Third-Party Payment Services. To facilitate user-to-user transactions, subscriptions, or direct purchases from the Company, we may integrate or partner with one or more third-party payment service providers (e.g., PayPal, Stripe, etc.). By using these services, you agree to abide by the payment service provider’s terms and conditions, which may be separate from these Terms.
10.2 Disputes with Payment Processors. The Company shall not be liable for any losses or damages arising from payment disputes, such as chargebacks or transaction holds. Any disputes regarding payment processing must be directed to the respective payment service provider in accordance with their policies. - User Conduct and Obligations
11.1 Prohibited Behavior. You agree not to engage in any conduct that is unlawful, disruptive, or harmful to the Website or other users. Examples include but are not limited to:
- Uploading or transmitting malicious code;
- Harvesting or collecting personal data or other information about users without their consent;
- Using bots or automated systems to access or manipulate the Website without permission;
- Posting content that infringes upon third-party intellectual property rights or violates local, state, national, or international law.
11.2 Fair Use of Services. We may limit the number of transactions or level of activity associated with your account if we believe that your use of the Website disrupts our system or other users’ experience, or if we suspect fraudulent or illegal activity.
- Subscription Plans
12.1 Scope of Subscription Services. We may offer subscription plans for specific goods or services. For instance, we may provide premium seller tools, promotional listing options, or monthly membership features that enhance your account.
12.2 Subscription Terms. Each subscription plan will outline its own fees, billing cycles, cancellation policies, and usage terms. By purchasing a subscription plan, you agree to pay all applicable fees and to follow the plan’s stated terms.
12.3 Automatic Renewal. Unless otherwise stated, subscription plans may automatically renew at the end of the current term. You may cancel at any time, but you may not receive a refund for partially used periods unless explicitly stated in the subscription’s cancellation policy.
13. LISTINGS, TRANSACTIONS, AND SHIPPING
13.1 Item Listings
- Accuracy and Completeness: Users creating listings for goods or services (“Sellers”) are required to provide accurate, clear, and complete descriptions of the items they are selling, including any relevant details such as brand, condition, size, color, materials, expiration (if applicable), and price.
- Prohibited or Restricted Items: Sellers are prohibited from listing items that are illegal, infringe upon intellectual property rights, or otherwise violate any laws or regulations. Sellers must also refrain from listing any items prohibited by the Website’s policies, which may be updated from time to time.
- Responsibility for Listings: The Seller alone bears responsibility for all item listings they create, including compliance with any applicable laws (e.g., consumer protection laws, labeling requirements, restricted goods regulations).
13.2 Sales and Purchases
- Formation of Contract: A contract for sale is formed solely between the Buyer and the Seller when a listing is purchased through the Website. The Company is not a party to that contract unless explicitly stated (e.g., if the item is sold directly by the Company).
- Buyer Responsibility: Buyers are responsible for reviewing all details of a listing before making a purchase. By placing an order, the Buyer agrees to pay all applicable fees, including shipping costs and taxes, if any.
- Seller Responsibility: Sellers agree to process orders promptly, ensure items are as described, and ship items using a reliable shipping method (or otherwise make them available for pick-up or delivery if applicable). Sellers are expected to honor stated shipping times or to communicate with Buyers about delays or other issues as soon as practicable.
13.3 Shipping and Delivery
- Handling and Insurance: Except as otherwise provided in the listing, Sellers are responsible for proper packaging, addressing, and posting of sold items, as well as for deciding whether to purchase shipping insurance.
- Risk of Loss: Once an item is shipped according to the chosen shipping method, risk of loss and title for such items passes to the Buyer upon delivery to the carrier, unless otherwise specified by law or written agreement between Buyer and Seller.
- International Shipments: For cross-border transactions, shipping times and costs may vary significantly. Both Buyers and Sellers should be aware of potential customs delays, import duties, and other charges. Neither the Company nor the Website can guarantee timely customs clearance or assume responsibility for any import/export limitations.
13.4 Shipping Disputes
- Delayed or Lost Packages: Any disputes regarding delayed or lost packages should be resolved directly between Buyer and Seller. The Company may offer dispute resolution tools or guidelines but does not guarantee resolution in any particular manner.
- Tracking and Documentation: Sellers are encouraged to provide tracking information. Buyers and Sellers should retain proof of shipment and/or delivery to assist in resolving any disputes over lost or delayed packages.
14. RETURNS, REFUNDS, AND DISPUTE RESOLUTION (USER-TO-USER)
14.1 User-to-User Return Policies
- Seller Policies: Sellers may set their own return, refund, or exchange policies, which must be clearly stated in their listings or user profiles. If no specific policy is stated, the default assumption is that sales are “as is” and non-refundable, to the extent permitted by law.
- Compliance with Local Laws: Where applicable law requires certain consumer protections or allows returns or cancellations (e.g., mandatory consumer rights within the European Union), Sellers must comply with those laws, regardless of any stated policy that might suggest otherwise.
14.2 Refund Processing
- Seller Responsibility: If a return or refund is warranted under the Seller’s stated policy or by applicable law, it is the Seller’s responsibility to issue the refund and arrange for any return logistics, unless otherwise agreed upon.
- Company’s Role: The Company may, at its sole discretion, provide a platform for dispute resolution between Buyer and Seller. However, the Company generally does not process refunds or returns on behalf of Sellers unless the item was sold directly by the Company.
14.3 User-to-User Dispute Resolution
- Communication: Most disputes between Buyers and Sellers can be resolved by direct communication. Buyers and Sellers are encouraged to discuss issues in good faith and seek amicable solutions.
- Escalation: If direct communication fails, either party may refer the matter to the Website’s customer support or dispute resolution mechanism, if any is provided. The Company may request evidence, such as photos, shipment receipts, or product descriptions, to assist in resolving the issue.
- No Guarantee: While the Company strives to facilitate fair outcomes, we do not guarantee a particular resolution for user-to-user disputes and are not liable for any monetary loss or damages.
14.4 Company-Managed Sales
- Direct Sales by the Company: If you purchase a product or service directly from the Company (not from another user), our separate Return and Refund Policy shall apply. Please review that policy for information on returning items purchased from us, as well as refund eligibility.
- Company-User Dispute Resolution: In cases where the dispute is between a Buyer and the Company (as the Seller), the Company’s internal dispute resolution processes shall govern, in conjunction with applicable laws and these Terms.
15. USER CONTENT STANDARDS AND LICENSE
15.1 Definition of User Content
“User Content” includes, but is not limited to, product listings, reviews, comments, photos, images, videos, audio clips, messages, feedback, or any other materials posted or uploaded to the Website by users.
15.2 Content Standards
You agree not to post or upload any User Content that:
- Violates Any Law: This includes material that is defamatory, libelous, fraudulent, or otherwise illegal.
- Infringes Intellectual Property Rights: You must not post content that you do not own or have permission to use.
- Is Hateful: User Content must not contain material that actively promotes hate based on race, color, ethnicity, social stratum, physical appearance, disability, gender, sexual orientation, age, neurodiversity, or a being’s species.
- Is Spam or Commercially Misleading: You must not post unsolicited advertisements, chain letters, pyramid schemes, or deceptive promotions.
15.3 User Content License
By submitting or posting User Content on or through the Website, you hereby grant the Company a non-exclusive, worldwide, royalty-free, fully paid-up, transferable, and sublicensable license to use, copy, modify, adapt, distribute, display, publish, and perform such User Content in connection with operating and promoting the Website, including for marketing and analytics purposes.
15.4 Monitoring and Removal
The Company reserves the right, but does not undertake the obligation, to monitor, review, filter, or remove any User Content in its sole discretion. This may include content that violates these Terms or is otherwise objectionable. You acknowledge and agree that the Company shall not be liable for any removal of User Content, or for a user’s failure to remove content that others find objectionable or infringing.
15.5 Feedback and Suggestions
If you provide any feedback or suggestions to the Company regarding the functionality or improvement of the Website (collectively, “Feedback”), you grant the Company a worldwide, perpetual, irrevocable, royalty-free license to incorporate and use such Feedback for any purpose, including improving or enhancing our offerings, without compensation to you.
16. THIRD-PARTY LINKS AND INTEGRATIONS
16.1 Third-Party Websites and Services
The Website may contain links to or integrate with third-party websites, services, or resources (collectively, “Third-Party Services”) that are not owned or controlled by the Company. For instance, the Website may integrate with external payment processors, social media platforms, shipping providers, or analytics tools.
16.2 No Endorsement
The inclusion of any link or integration does not imply our endorsement, affiliation, or recommendation of the Third-Party Services or their operators. We do not control and are not responsible for the content, privacy policies, or practices of any Third-Party Services.
16.3 User Responsibility
When you access any Third-Party Services via links or integrations on the Website, you do so at your own risk. Any personal information you provide to those services is governed by their respective privacy policies and terms of use. We encourage you to review those policies before disclosing any personal data.
16.4 No Liability
You acknowledge and agree that the Company shall not be liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use or reliance on any Third-Party Services, content, goods, or services available through such links or integrations.
17. USER ACCOUNTS AND SECURITY
17.1 Registration and Accuracy of Information
To access certain features of the Website, including creating listings or making purchases, you may be required to register an account. You agree to provide true, accurate, current, and complete information during the registration process and to update this information promptly if it changes.
17.2 Account Confidentiality
You are responsible for maintaining the confidentiality of your username, password, and any other credentials used to access your account. You agree not to share or transfer your account credentials to any third party and to immediately notify the Company of any unauthorized use of your account or other security breaches.
17.3 Multiple or Shared Accounts
In some instances, we may restrict the creation of multiple accounts by the same user or entity, especially if we suspect fraudulent or abusive behavior. If you have a legitimate reason to maintain more than one account, please contact customer support for permission or clarification.
17.4 Account Termination or Suspension
The Company may, in its sole discretion, suspend or terminate your account for any reason, including but not limited to:
- Violation of these Terms;
- Suspected fraudulent or illegal activity;
- Repeated negative feedback or unresolved disputes;
- Actions detrimental to the Website or its user community.
18. PROMOTIONS, CONTESTS, AND SWEEPSTAKES
18.1 Promotional Events
From time to time, the Company may offer promotions, contests, sweepstakes, or other special opportunities (collectively, “Promotions”) to users. These Promotions may be subject to separate rules and conditions that will be posted alongside the Promotion details.
18.2 Eligibility and Restrictions
Participation in Promotions may require meeting specific eligibility criteria (e.g., residency, age limits). The Company reserves the right to disqualify any participant who does not meet the stated criteria or who violates these Terms or any additional Promotional rules.
18.3 Prizes and Awards
Prizes or rewards offered through Promotions are non-transferable and may not be substituted or exchanged unless explicitly allowed in the Promotion details. The Company is not responsible for any taxes, fees, or surcharges that may apply to the receipt of prizes.
18.4 Cancellation or Modification
The Company may modify, suspend, or terminate any Promotion at any time for any reason, including technical issues, fraud, or other factors beyond our control.
19. COPYRIGHT INFRINGEMENT NOTICE (DMCA)
19.1 DMCA Compliance
We comply with the provisions of the Digital Millennium Copyright Act (DMCA) and similar international provisions to address claims of copyright infringement. If you believe that your work has been used on the Website in a manner that constitutes copyright infringement, please notify us at admin@kinterrashop.com.
19.2 Contents of a Proper Notice
To be effective, your infringement notice should include the following:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- A description of the copyrighted work claimed to have been infringed;
- A description of where the material that you claim is infringing is located on the Website;
- Your address, telephone number, and email address;
- A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- A statement, made under penalty of perjury, that the information in your notice is accurate and that you are authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.
19.3 Counter-Notification
If content you posted has been removed due to a claim of copyright infringement, and you believe that it was removed in error, you may file a counter-notification. The counter-notification must contain information that substantially complies with the DMCA’s requirements. If we receive a valid counter-notification, we may, in our sole discretion, reinstate the removed content.
20. DISCLAIMER OF WARRANTIES
20.1 Website Provided “As Is”
You expressly agree that your use of the Website, including any content, products, services (including free samples such as cookies or food items), or other information made available on or through the Website, is at your sole risk. To the fullest extent permitted by applicable law, the Website (and all content, functionality, and materials provided therein) is provided on an “as is” and “as available” basis, without warranties of any kind, either express or implied.
20.2 No Warranty of Accuracy or Reliability
Neither the Company nor any person or entity associated with the Company makes any warranty or representation:
- That the Website will function uninterrupted, error-free, or free of viruses or other harmful components;
- Regarding the accuracy, completeness, reliability, or timeliness of any information or content on the Website, whether provided by the Company, other users, third-party partners, or automatically generated by algorithms;
- That any defects or errors will be corrected, or that the Website or the servers that make it available are free of harmful components;
- Concerning the authenticity, quality, or legality of any items or listings posted by users, including cross-border transactions.
20.3 Implied Warranties
To the fullest extent permitted by law, the Company disclaims all implied warranties, including but not limited to warranties of merchantability, non-infringement, and fitness for a particular purpose. No advice or information obtained by you from us, whether oral or written, shall create any warranty not expressly stated in these Terms.
20.4 No Liability for User-Generated Content
You acknowledge and agree that we have no responsibility or liability for the correctness, reliability, or legality of any user-generated content, including listings, reviews, ratings, or any statements made by users on the Website.
20.5 Sample or Free Products
From time to time, the Company may include free sample products (such as cookies or other food items) with purchases or orders. You understand and agree that:
- These items are provided on an “as is” basis with no warranty regarding their suitability for any particular dietary needs or potential allergens;
- You consume or use such free samples entirely at your own risk, and you are solely responsible for checking the ingredients or allergen information if available;
- The Company shall not be liable for any allergic reactions, illness, or adverse effects resulting from the consumption or use of any free samples provided.
21. LIMITATION OF LIABILITY
21.1 Exclusion of Certain Damages
To the maximum extent permitted by applicable law, in no event shall the Company, its affiliates, officers, directors, employees, agents, licensors, or service providers be liable for any indirect, punitive, incidental, special, consequential, or exemplary damages, including without limitation damages for personal injury, property damage, loss of profits, goodwill, data, or other intangible losses arising out of or relating to your use of (or inability to use) the Website, even if the Company has been advised of the possibility of such damages.
21.2 Cap on Liability
In no event shall the Company’s total liability to you for all damages, losses, or causes of action exceed the greater of (a) the amount you have paid to the Company, if any, in the last six (6) months, or (b) one hundred U.S. dollars (US $100). Some jurisdictions do not allow limitations on certain damages; if such laws apply, some or all of the foregoing limitations may not apply to you.
21.3 User-to-User Transactions
Since the Company provides a marketplace platform that allows users to transact directly with one another, you understand that the Company is not liable for any claims arising from or related to user-to-user transactions, including but not limited to:
- Misrepresentations or inaccuracies in listings;
- Shipping delays or lost packages;
- Items that arrive damaged or fail to meet expectations;
- Non-payment or chargebacks involving third-party payment services;
- Any legal obligations tied to cross-border shipping or customs.
21.4 No Liability for Technical Issues
We are not responsible for any losses or damages resulting from your inability to access or use the Website due to downtime, server errors, or interruptions in internet connectivity. The Company does not warrant that the Website will be compatible with your device or that it will function without interruption or errors.
21.5 Jurisdiction-Specific Exceptions
Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, the liability of the Company, its affiliates, and their respective officers, directors, employees, and agents shall be limited to the fullest extent permitted by law.
22. INDEMNIFICATION
22.1 Indemnification by Users
You agree to defend, indemnify, and hold harmless the Company, its affiliates, and their respective officers, directors, employees, contractors, agents, licensors, and suppliers from and against any claims, liabilities, damages, judgments, awards, losses, costs, or expenses (including reasonable attorneys’ fees) arising out of or relating to:
- Your use of or reliance on any information or content obtained from the Website;
- Your breach or violation of these Terms or any applicable law or regulation;
- Your violation of any third-party right, including without limitation any intellectual property right or publicity, confidentiality, or privacy right;
- Any dispute or issue between you and any third party (including other users) in relation to or resulting from your use of the Website, listings, or purchases;
- Any content you upload, post, or otherwise transmit to or through the Website.
22.2 Company’s Right to Assume Defense
The Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. You agree to cooperate fully in the defense of any such claim and not to settle any such claim without the prior written consent of the Company.
23. RELEASE
23.1 Release of Claims
If you have a dispute with one or more users, you release the Company (and our officers, directors, agents, subsidiaries, affiliates, employees, contractors, and suppliers) from all claims, demands, and damages (actual or consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
23.2 California Residents
If you are a California resident, you waive California Civil Code §1542 (and any similar law in any other jurisdiction), which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”
24. CROSS-BORDER DISCLAIMER
24.1 User Responsibility for Compliance
Although we facilitate cross-border transactions, we do not guarantee that international shipments will reach their destinations, nor do we assume responsibility for any additional costs or delays due to customs, duties, or regulatory issues. Buyers and Sellers must adhere to all applicable laws, regulations, and restrictions in both the origin and destination countries.
24.2 Import and Export Laws
You agree that you will not use the Website to conduct any transaction that violates the export control or economic sanctions laws of the United States or any other applicable jurisdiction. You further agree that you are solely responsible for understanding and complying with all import, export, and licensing requirements.
24.3 No Endorsement of Cross-Border Sellers
We do not endorse or guarantee the authenticity or quality of items offered by any cross-border Seller. Before purchasing, you should review a Seller’s ratings, reviews, and location information, and consider any risks associated with international purchases.
25. FOOD PRODUCT AND FREE SAMPLE DISCLAIMER
25.1 Food Safety and Allergen Information
All food items—whether provided as free samples or sold by the Company—are offered on an “as is” basis. We cannot guarantee that these items meet all dietary restrictions or that they are entirely free from allergens or other contaminants. By choosing to accept or consume any food items provided by the Company, you acknowledge and agree to the following:
- Allergen Risk: You assume all risks associated with potential allergic reactions or dietary intolerances.
- Inspection: If you notice any apparent defect, unusual appearance, or suspicious quality issue with a food item, do not consume it and contact us immediately.
- No Medical Advice: Any information we provide (including on labels or in promotional materials) does not constitute medical or dietary advice. Always consult a qualified healthcare provider if you have specific concerns about allergies, dietary restrictions, or nutritional needs.
25.2 Limit of Liability
To the fullest extent permitted by applicable law, the Company disclaims any liability for adverse reactions, illnesses, or other harms arising from the consumption or use of any food items provided—whether as free samples or purchased products. You accept all risks associated with the acceptance, possession, use, or consumption of these items. This limitation of liability applies to any and all claims, damages, losses, and causes of action of every kind and nature.
25.3 Jurisdictional Variations
Some jurisdictions do not allow the exclusion or limitation of certain damages. In such cases, the disclaimers and limitations of liability in this Section 25 shall apply to the greatest extent permitted by applicable law, and shall only be deemed modified to the minimum extent necessary to comply with such laws.
26. FORCE MAJEURE
26.1 Definition
Neither the Company nor any user shall be liable for any delay or failure to perform any obligation under these Terms where the delay or failure results from any cause beyond the relevant party’s reasonable control, including but not limited to acts of God, labor disputes, war or military conflicts, embargoes, riots, epidemics, pandemics, acts of civil or military authorities, fires, floods, accidents, or network infrastructure failures.
26.2 Notification
The party affected by a force majeure event shall promptly notify the other party of the nature and expected duration of the event, and shall use reasonable efforts to mitigate its effects on its obligations under these Terms.
27. SURVIVAL OF PROVISIONS
All provisions of these Terms which by their nature should survive termination or expiration (including, without limitation, ownership, indemnity, disclaimers, limitations on liability, and release) shall survive indefinitely unless and until we choose to terminate them explicitly.
28. GOVERNING LAW AND DISPUTE RESOLUTION
28.1 Governing Law
These Terms and any dispute arising out of or relating to these Terms or the Website shall be governed by and construed in accordance with the laws of the State of South Carolina, United States, without giving effect to any conflict-of-law principles that would require the application of the laws of another jurisdiction.
28.2 Jurisdiction and Venue
Any legal action or proceeding arising out of or relating to these Terms shall be instituted exclusively in the state or federal courts located within South Carolina, and you expressly consent to the personal jurisdiction of such courts. You also waive any objection to venue in such courts.
28.3 Arbitration Option
At our sole discretion, we may require you to submit any dispute arising from these Terms or your use of the Website, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying South Carolina law.
- Location of Arbitration: Unless mutually agreed otherwise, the arbitration shall take place in South Carolina, and the arbitrator’s decision may be enforced in any court having jurisdiction.
- Costs and Fees: Each party shall bear its own costs and attorney fees, unless otherwise awarded by the arbitrator.
- Exceptions: Notwithstanding the foregoing, we or any user may file suit in court to enjoin infringement or other misuse of intellectual property rights.
28.4 Class Action Waiver
You agree that any disputes against the Company shall be conducted only on an individual basis. You hereby waive the right to bring or participate in any class, consolidated, or representative action. The arbitrator or court shall not have authority to combine or aggregate similar claims or conduct any class action nor make an award to any person or entity not a party to the arbitration.
28.5 Opt-Out
If you do not wish to be bound by this arbitration clause, you must notify us in writing within 30 days of the date you first accept these Terms (or any subsequent changes to these Terms). Your written notification must be sent to admin@kinterrashop.com and must include: (a) your name, (b) your address, (c) your username on the Website (if applicable), and (d) a clear statement that you do not wish to resolve disputes with the Company through arbitration. If you do not opt out within that 30-day period, you will be bound by this arbitration clause for all covered disputes. Your decision to opt out of arbitration will not affect any other provision of these Terms.
29. TERMINATION
29.1 Termination by Company
We may suspend or terminate your access to the Website immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms. Upon termination, your right to use the Website will cease immediately. All provisions of these Terms which by their nature should survive termination shall survive, including but not limited to:
- Ownership provisions;
- Warranty disclaimers;
- Indemnity obligations;
- Limitation of liability;
- Governing law and dispute resolution clauses.
29.2 Termination by User
You may terminate these Terms at any time by ceasing to use the Website and/or deleting your account. If you are dissatisfied with the Website, your sole remedy is to discontinue using it. The Company is not obligated to provide any refunds for fees, subscriptions, or purchases made prior to such termination, except where required by law or a written Company policy.
29.3 Effects of Termination
In the event of termination, the Company may, in its sole discretion, delete or retain your user-generated content (including listings, reviews, and other data) in accordance with its data retention policies or as required by applicable law. You acknowledge and agree that the Company shall not be liable to you or any third party for any termination of your account or for retaining or deleting your data after termination.
30. ASSIGNMENT AND DELEGATION
30.1 By the Company
We may assign our rights and obligations under these Terms, in whole or in part, to any party at any time without notice to you. For instance, the Company may sell its assets, be acquired, merge with another entity, or undergo corporate reorganization.
30.2 By the User
You may not assign or transfer any rights or delegate any obligations under these Terms without the prior written consent of the Company. Any purported assignment or delegation by you in violation of this provision is null and void.
30.3 Binding Effect
These Terms shall bind and inure to the benefit of the parties and their respective successors and permitted assigns.
31. ENTIRE AGREEMENT AND WAIVER
31.1 Entire Agreement
These Terms, together with any other legal notices, policies, or guidelines posted on the Website (including but not limited to our Privacy Policy and any Additional Terms for specific promotions or services), constitute the entire agreement between you and the Company regarding your use of the Website and supersede all prior and contemporaneous communications, proposals, or agreements (oral, written, or electronic) between you and the Company regarding the Website.
31.2 No Waiver
No waiver by the Company of any breach or default under these Terms shall be deemed a waiver of any preceding or subsequent breach or default. Any waiver must be in writing to be effective.
31.3 Severability
If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it enforceable, and the remaining provisions of these Terms shall remain in full force and effect.
32. RELATIONSHIP OF THE PARTIES
32.1 Independent Contractors
Nothing in these Terms shall create any partnership, joint venture, employment, franchise, or agency relationship between you and the Company. Both parties are independent contractors, and neither party has the authority to bind the other or act on behalf of the other, except as expressly stated in these Terms.
32.2 User-to-User Relationships
Any relationship formed between users of the Website for the purpose of buying, selling, or otherwise transacting is solely between those users. The Company is not a party to such transactions unless explicitly stated.
33. CUSTOMERS OUTSIDE THE UNITED STATES
33.1 International Availability
Although the Website may be accessible to users outside of the United States, we make no representation that the Website or any of its content is appropriate or available for use in other locations. Access to the Website from territories where the Website’s content or practices are illegal is prohibited.
33.2 Compliance with Local Laws
If you choose to access the Website from locations outside the United States, you do so on your own initiative and are responsible for compliance with local laws, including any regulations regarding the import, export, or use of products, services, or technology. You agree to comply with all applicable laws, rules, and regulations in your use of the Website, including without limitation U.S. export and re-export control laws and regulations.
33.3 Language
The Website and these Terms may be presented in English, and we do not guarantee that translations to other languages are accurate, complete, or up to date. Where a translation of these Terms is provided, the English version will take precedence in the event of any conflict.
34. DATA PROTECTION AND PRIVACY
34.1 Compliance with Privacy Laws
The Company may collect, store, and process certain personal data from users in accordance with our Privacy Policy and applicable data protection laws (e.g., CCPA for California residents, GDPR for EU residents). By using the Website or providing personal information, you consent to such processing in accordance with our Privacy Policy.
34.2 User Obligations for Personal Data
In cases where you process or collect personal data (for example, if you are a Seller maintaining your own customer lists), you warrant that you will comply with all applicable data protection laws and regulations. You agree to indemnify the Company for any claims or fines arising from your non-compliance with such laws.
34.3 Security Measures
While we implement reasonable security measures to protect against unauthorized access or alteration of your personal information, we do not guarantee that such measures will prevent every unauthorized attempt to access, use, or disclose personal data. You acknowledge that data transmission over the internet is inherently insecure, and you provide personal data at your own risk.
35. COMMUNICATION PREFERENCES
35.1 Consent to Electronic Communications
You consent to receive communications from the Company electronically (e.g., via email, Website postings, or notifications). You agree that all notices, disclosures, agreements, and other communications we provide electronically satisfy any legal requirement that such communications be in writing.
35.2 Opting Out
You may opt out of receiving non-essential email communications (e.g., marketing newsletters) by following the unsubscribe instructions in those communications. However, certain essential email communications (e.g., account verification, password resets, transaction confirmations, or legal notices) are required and may be sent to you even if you opt out of other emails.
36. PROMOTIONAL FEEDBACK AND REVIEWS
36.1 Promotional Offers
We may, from time to time, offer promotional deals or discounts to certain users or subsets of users. Such offers may be subject to additional terms and conditions. Unless explicitly stated, promotional offers are non-transferable and cannot be combined with other offers or discounts.
36.2 User Reviews and Testimonials
If you post a review, testimonial, or other feedback about your experience with the Company or products/services sold through the Website, you grant the Company a non-exclusive, royalty-free, perpetual, irrevocable, and fully transferable license to use, publish, or display such review or testimonial in any form (including for marketing or promotional purposes).
36.3 Removal of Reviews
We reserve the right to remove or edit reviews or testimonials if they contain profanity, discriminatory language, personal attacks, misleading information, or other content that violates these Terms or applicable law.
37. DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA) NOTICE
37.1 DMCA Compliance
As noted in a prior section, if you believe that your work has been copied and posted on the Website in a way that constitutes copyright infringement, you may submit a notification pursuant to the DMCA. We suggest you review the full DMCA notice instructions in the relevant sections of these Terms.
37.2 Repeat Infringers
In accordance with the DMCA and other applicable laws, the Company may terminate user accounts that are deemed to be repeat infringers. We have sole discretion in making such determinations and may act without prior notice.
38. REFERRAL AND AFFILIATE PROGRAMS
38.1 Referral Programs
We may offer referral programs that provide incentives for users to refer new customers or users to the Website. Any such programs will have additional, separate terms outlining how referrals are tracked, how and when rewards or commissions are granted, and under what conditions a user may forfeit such rewards.
38.2 Affiliate Relationships
Certain links on the Website (including those to external platforms or products) may be affiliate links. This means we might earn a commission if you make a purchase through such links. Our use of affiliate links does not influence our editorial content or opinions. Where applicable, we will provide notice of our affiliate relationships in compliance with legal disclosure requirements.
39. HEADINGS AND INTERPRETATION
39.1 Headings for Convenience
Section headings in these Terms are provided merely for convenience and shall not affect the interpretation of any provision. The use of the word “including” is illustrative and shall mean “including, without limitation.”
39.2 No Strict Construction
These Terms shall not be strictly construed against the drafter but shall be interpreted in a fair and reasonable manner, consistent with the parties’ intent as expressed herein.
40. ACKNOWLEDGEMENT AND ACCEPTANCE
40.1 Voluntary Agreement
By using any part of our Website—whether as a guest or a registered user—you acknowledge that you have read these Terms & Conditions, understand them, and agree to be bound by them. You also represent that you have the authority to accept these Terms on behalf of yourself or any entity you purport to represent.
40.2 Binding Effect
These Terms & Conditions are binding upon you, as well as your heirs, executors, administrators, successors, and permitted assigns, and inure to the benefit of Artemis Creations Ltd. Co. and its successors and assigns.
40.3 No Oral Modifications
You agree that no employee, representative, or agent of the Company is authorized to make any promise, representation, or warranty regarding the Website or these Terms that is not contained in these Terms. Any such statement does not constitute a valid amendment or addition to these Terms.
41. CONTACT INFORMATION
41.1 Primary Contact Email
For any inquiries or notices under these Terms, please reach out to us at admin@kinterrashop.com. This includes:
- DMCA or other infringement-related notices;
- Questions about subscriptions or purchases;
- Dispute-related communications;
- General feedback or suggestions.
41.2 Online Contact Form
You may also use the contact form located at https://www.kinterrashop.com/contact-us to submit questions or comments. We strive to respond to all inquiries in a timely manner, but we make no guarantees regarding response times.
41.3 Phone Support
For more urgent matters, you can reach us by phone at 843-259-2839. Standard business hours, if any, will be posted on our Website. Please note that we may not always be available for immediate phone support, especially outside of stated business hours or during peak times.
41.4 Business Address
We are Artemis Creations Ltd. Co., headquartered in Georgetown County, South Carolina, United States.
42. INTERNATIONAL USERS AND COMPLIANCE
42.1 Cross-Border Considerations
As stated throughout these Terms, users engaging in cross-border transactions are solely responsible for compliance with all applicable import/export regulations, taxes, duties, and customs laws. The Company offers no warranty or guarantee regarding the legality or feasibility of international sales of specific goods.
42.2 Restricted Regions
Certain content, functionalities, or products on the Website may not be legally accessible, sold, or shipped to specific countries or jurisdictions. If you attempt to access or use the Website from such a restricted region, you do so at your own risk and assume all responsibility for any violations of local laws or regulations.
42.3 Language and Localization
While the Website is presented primarily in English, automated or manually prepared translations may be provided for convenience. In the event of any conflict or ambiguity, the English version of these Terms (and other official documents) shall prevail.
43. RECORD KEEPING AND AUDITS
43.1 Internal Records
The Company may keep internal records of user activity, transactions, and communications for a period deemed appropriate to comply with legal obligations, enforce these Terms, or pursue legitimate business interests (e.g., fraud prevention).
43.2 User Compliance
In certain cases, we may request additional documentation or conduct audits of user activities (particularly for high-volume sellers or in cross-border transactions) to confirm compliance with these Terms or to investigate potential fraud or illegal activities.
43.3 Data Retention Policies
We maintain data retention policies to ensure that personal information and transactional data are stored only as long as necessary. For further details on data retention and user privacy, please refer to our Privacy Policy. You acknowledge and accept that we reserve the right to retain and disclose user data when required by law or in good faith to protect our rights, other users, or the public.
44. MISCELLANEOUS PROVISIONS
44.1 No Third-Party Beneficiaries
These Terms are for the sole benefit of you and the Company. Except as otherwise expressly provided in these Terms, no other person or entity shall have any right, benefit, or claim under these Terms.
44.2 Publicity
You agree that the Company may identify you (by name and/or logo) as a customer or user of the Website in certain marketing materials, press releases, or other promotional efforts. If you prefer we not do so, you may opt out by notifying us at admin@kinterrashop.com.
44.3 Remedies Cumulative
All rights and remedies provided under these Terms are cumulative, not exclusive, and are in addition to all other rights and remedies available to the Company at law or in equity.
44.4 Statute of Limitations
You agree that regardless of any statute or law to the contrary, any claim or cause of action you may have arising out of or related to these Terms or the Website must be filed within one (1) year after such claim or cause of action arose or be forever barred.
44.5 Feedback and Corrections
While we make every effort to ensure that the information on the Website is accurate, mistakes do happen. If you notice any errors, inaccuracies, or bugs, please notify us at admin@kinterrashop.com so we can address them promptly.
45. EFFECTIVE DATE AND REVISIONS
45.1 Effective Date
These Terms are effective as of the Last Updated date indicated at the top of the agreement. They remain in effect until they are updated or replaced.
45.2 Changes and Updates
We reserve the right to modify or replace these Terms at any time. In the event of significant changes, we will strive to provide notice via the Website, email, or other means. Your continued use of the Website after any such change constitutes your acceptance of the new Terms.
45.3 Version Control
We may retain older versions of these Terms for record-keeping. However, each time you use the Website, you agree to the version of the Terms in effect at the time of your visit or transaction.
CONCLUSION
By using our Website, you confirm that you have read, understood, and agree to comply with all parts of these Terms & Conditions. If you do not agree with any provision stated herein, your sole remedy is to discontinue the use of our Website. If you have any questions or concerns, please contact us at:
- Email: admin@kinterrashop.com
- Contact Form: https://www.kinterrashop.com/contact-us
- Phone: 843-259-2839
Thank you for being part of the Artemis Creations community!