Terms of service

If you are a wholesale customer, looking for Wholesale Terms of Service, please click here.

INTELLECTUAL PROPERTY.

Kantha Bae LLC (the “Company”) is the sole and exclusive owner or lawfully authorized licensee of (i) this website and all content thereon, including, without limitation, all information, graphics, logos, trademarks, trade names, products, product designs, product names, and any other data of any kind and (ii) the names and designs of any products that you order from this website (collectively, the “IP”). To the greatest extent permitted under applicable law, the Company asserts copyright protections and trade secret protections over the IP. By accessing and using this website, you agree not to reverse engineer, copy, duplicate, reproduce, sell, market, license, or otherwise appropriate any of the IP for any use whatsoever.

PAYMENT.

Full payment is due upon placing an order through this website and the Company will not fulfill any order until full payment is received through a method approved by the Company.

Unless otherwise provided, all prices, fees, and other monetary amounts listed on or related to this website are expressed in U.S. Dollars.

In the event that your payment is returned for any reason, you agree to pay a convenience fee to the Company equal to the lesser of $25.00 or the highest amount permitted under applicable law.

Except for domestic U.S. ad valorem taxes that the Company is required to collect by applicable federal, state, and/or local laws, the Company is not responsible for any other taxes, duties, or other fees assessed against any products ordered from the Company by the jurisdictions through which such products travel, from which they are ordered, or to which they are delivered.

SHIPPING.

The Company ships its products using third party carriers. As such, the Company cannot and does not make any guarantees regarding delivery dates or times. Any delivery dates and/or times provided by the Company are estimates. Furthermore, the Company is not responsible for any products that are lost or damaged while in the custody of third party carriers.

REFUND/EXCHANGE POLICY.

All sales are final. However, the Company reserves the right, in its sole discretion and on a case-by-case basis, to address concerns about orders. If you have any questions or concerns about products that you have purchased from the Company, please e-mail support@kanthabae.com.

DISCLAIMER OF LIABILITY. THE COMPANY WILL NOT BE LIABLE FOR ANY CLAIMS, DAMAGES, JUDGMENTS, ATTORNEY FEES, COSTS, OR EXPENSES ARISING OUT OF, OR RELATED TO, YOUR USE OF THIS WEBSITE OR THE IMPROPER USE OF ANY PRODUCT ORDERED FROM THE COMPANY BY YOU OR THE RECIPIENT. BY ORDERING ANY PRODUCT FROM THE COMPANY, YOU REPRESENT AND ACKNOWLEDGE THAT YOU OR THE RECIPIENT, AS APPLICABLE, UNDERSTAND HOW TO USE, INSPECT, AND MAINTAIN THE PRODUCT PROPERLY.

GENERAL PROVISIONS.

Attorney Fees. Upon prevailing in any lawsuit arising out of, or related to, your use of this website, the Company will be entitled to recover its reasonable attorney fees and costs.

Binding. This Agreement will be binding upon the Company, you, and all of our heirs, successors, and assigns.

Entire Agreement. This Agreement is the entire agreement between you and the Company regarding the website, your use thereof, and the Company’s products, and expressly supersedes any and all prior agreements, whether written or oral.

Forum Selection. Any lawsuit arising out or, or related to, this website, your use thereof, or the Company’s products will be filed in a court of competent jurisdiction in or for Davidson County, Tennessee. You hereby consent to the exclusive jurisdiction of these courts and waive any objections thereto, including, without limitation, objections based upon lack of personal jurisdiction or convenience.

Governing Law. This Agreement, including the website and your use thereof, will be governed by the laws of the State of Tennessee, without regard for its conflicts principles.

JURY TRIAL. YOU IRREVOCABLY WAIVE YOUR RIGHT TO A TRIAL BY JURY OF ANY CLAIMS ARISING OUT OF, OR RELATED TO, THIS WEBSITE, YOUR USE THEREOF, OR THE COMPANY’S PRODUCTS.

Severability. The terms of this Agreement are severable. Should a court of competent jurisdiction determine that any provision of this Agreement is unenforceable, such court may modify that provision to the least extent necessary to render it enforceable.

STATUTE OF LIMIATIONS. YOU MUST FILE ANY CLAIM ARISING OUT OF, OR RELATED TO, THIS WEBSITE, YOUR USE THEREOF, OR THE COMPANY’S PRODUCTS WITHIN SIX (6) MONTHS OF ACCRUAL. FAILURE TO DO SO WILL RESULT IN THE CLAIM BEING WAIVED.

WAIVER. THE COMPANY’S WAIVER OF ANY BREACH OF A PROVISION OF THIS AGREEMENT BY YOU WILL NOT OPERATE AS A WAIVER OF FUTURE BREACHES OF THAT PROVISION.

SMS/MMS MOBILE MESSAGE MARKETING PROGRAM TERMS AND CONDITIONS

Kantha Bae LLC (hereinafter, “We,” “Us,” “Our”) is offering a mobile messaging program (the “Program”), which you agree to use and participate in subject to these Mobile Messaging Terms and Conditions and Privacy Policy https://kanthabae.com/pages/privacy-policy (the “Agreement”). By opting in to or participating in any of our Programs, you accept and agree to these terms and conditions, including, without limitation, your agreement to resolve any disputes with us through binding, individual-only arbitration, as detailed in the “Dispute Resolution” section below. This Agreement is limited to the Program and is not intended to modify other Terms and Conditions or Privacy Policy that may govern the relationship between you and Us in other contexts.

User Opt-In: The Program allows Users to receive SMS/MMS mobile messages by affirmatively opting into the Program, such as through online or application-based enrollment forms. Regardless of the opt-in method, you utilized to join the Program, you agree that this Agreement applies to your participation in the Program. By participating in the Program, you agree to receive autodialed or prerecorded marketing mobile messages at the phone number associated with your opt-in, and you understand that consent is not required to make any purchase from Us. While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of Our mobile messages are sent using an automatic telephone dialing system (“ATDS” or “autodialer”). Message and data rates may apply. Message frequency varies.
User Opt Out: If you do not wish to continue participating in the Program or no longer agree to this Agreement, you agree to reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from Us in order to opt out of the Program. You may receive an additional mobile message confirming your decision to opt out. You understand and agree that the foregoing options are the only reasonable methods of opting out. You acknowledge that our text message platform may not recognize and respond to unsubscribe requests that alter, change, or modify the STOP, END, CANCEL, UNSUBSCRIBE or QUIT keyword commands, such as the use of different spellings or the addition of other words or phrases to the command, and agree that Kantha Bae and its service providers will have no liability for failing to honor such requests. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out.
Program Description: Without limiting the scope of the Program, users that opt into the Program can expect to receive messages concerning the marketing, promotion, payment, delivery and sale of Kantha Bae merchandise and relevant news. Messages may include checkout reminders.
Cost and Frequency: Message and data rates may apply. You agree to receive messages periodically at Our discretion. Daily, weekly, and monthly message frequency will vary. The Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with Us.
Support Instructions: For support regarding the Program, text “HELP” to the number you received messages from or email us at support@kanthabae.com. Please note that the use of this email address is not an acceptable method of opting out of the program. Opt outs must be submitted in accordance with the procedures set forth above.
MMS Disclosure: The Program will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging.
Our Disclaimer of Warranty: The Program is offered on an "as-is" basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with this Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of Our control. Carriers are not liable for delayed or undelivered mobile messages.
Participant Requirements: You must have a wireless device of your own, capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text messaging instructions.
Age Restriction: You may not use or engage with the Platform if you are under thirteen (13) years of age. If you use or engage with the Platform and are between the ages of thirteen (13) and eighteen (18) years of age, you must have your parent’s or legal guardian’s permission to do so. By using or engaging with the Platform, you acknowledge and agree that you are not under the age of thirteen (13) years, are between the ages of thirteen (13) and eighteen (18) and have your parent’s or legal guardian’s permission to use or engage with the Platform, or are of adult age in your jurisdiction. By using or engaging with the Platform, you also acknowledge and agree that you are permitted by your jurisdiction’s Applicable Law to use and/or engage with the Platform.
Prohibited Content: You acknowledge and agree to not send any prohibited content over the Platform. Prohibited content includes:

- Any fraudulent, libelous, defamatory, scandalous, threatening, harassing, or stalking activity;

- Objectionable content, including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation, or age;

- Pirated computer programs, viruses, worms, Trojan horses, or other harmful code;

- Any product, service, or promotion that is unlawful where such product, service, or promotion thereof is received;

- Any content that implicates and/or references personal health information that is protected by the Health Insurance Portability and Accountability Act (“HIPAA”) or the Health Information Technology for Economic and Clinical Health Act (“HITEC” Act); and

- Any other content that is prohibited by Applicable Law in the jurisdiction from which the message is sent.

11. Dispute Resolution: In the event that there is a dispute, claim, or controversy between you and Us, or between you and Stodge Inc. d/b/a Postscript or any other third-party service provider acting on Our behalf to transmit the mobile messages within the scope of the Program, arising out of or relating to federal or state statutory claims, common law claims, this Agreement, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, such dispute, claim, or controversy will be, to the fullest extent permitted by law, determined by arbitration in Nashville, Tennessee before one arbitrator.

The parties agree to submit the dispute to binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) then in effect. Except as otherwise provided herein, the arbitrator shall apply the substantive laws of the Federal Judicial Circuit in which Kantha Bae LLC’s principle place of business is located, without regard to its conflict of laws rules. Within ten (10) calendar days after the arbitration demand is served upon a party, the parties must jointly select an arbitrator with at least five years’ experience in that capacity and who has knowledge of and experience with the subject matter of the dispute. If the parties do not agree on an arbitrator within ten (10) calendar days, a party may petition the AAA to appoint an arbitrator, who must satisfy the same experience requirement. In the event of a dispute, the arbitrator shall decide the enforceability and interpretation of this arbitration agreement in accordance with the Federal Arbitration Act (“FAA”). The parties also agree that the AAA’s rules governing Emergency Measures of Protection shall apply in lieu of seeking emergency injunctive relief from a court. The decision of the arbitrator shall be final and binding, and no party shall have rights of appeal except for those provided in section 10 of the FAA. Each party shall bear its share of the fees paid for the arbitrator and the administration of the arbitration; however, the arbitrator shall have the power to order one party to pay all or any portion of such fees as part of a well-reasoned decision. The parties agree that the arbitrator shall have the authority to award attorneys’ fees only to the extent expressly authorized by statute or contract. The arbitrator shall have no authority to award punitive damages and each party hereby waives any right to seek or recover punitive damages with respect to any dispute resolved by arbitration.

THE PARTIES AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY VIA ARBITRATION AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ARBITRATION PROCEEDING. Further, unless both parties agree otherwise in a signed writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.

Except as may be required by law, neither a party nor the arbitrator may disclose the existence, content, or results of any arbitration without the prior written consent of both parties, unless to protect or pursue a legal right. If any term or provision of this Section is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Section or invalidate or render unenforceable such term or provision in any other jurisdiction. If for any reason a dispute proceeds in court rather than in arbitration, the parties hereby waive any right to a jury trial. This arbitration provision shall survive any cancellation or termination of your agreement to participate in any of our Programs.

12. State Law:

Florida: We endeavor to comply with the Florida Telemarketing Act and the Florida Do Not Call Act as applicable to Florida residents. For purposes of compliance, you agree that we may assume that you are a Florida resident if, at the time of opt-in to Program, (1) your shipping address, as provided is located in Florida or (2) the area code for the phone number used to opt-into the Program is a Florida area code. You agree that the requirements of the Florida Telemarketing Act and the Florida Do Not Call Act do not apply to you, and you shall not assert that you are a Florida resident, if you do not meet either of these criteria or, in the alternative, do not affirmatively advise us in writing that you are a Florida resident by sending written notice to us. Insofar as you are a Florida resident, you agree that mobile messages sent by Us in direct response to mobile messages or requests from You (including but are not limited to response to Keywords, opt-in, help or stop requests and shipping notifications) shall not constitute a “telephonic sales call” or “commercial telephone solicitation phone call” for purposes of Florida Statutes Section 501 (including but not limited to sections 501.059 and 501.616), to the extent the law is otherwise relevant and applicable.

Washington: To the extent the law is relevant and applicable to the Program, we endeavor to comply with the commercial telephone solicitation requirements pursuant to the Revised Code of Washington (RCW) (including but not limited to sections 80.36.390, 19.158.040, 19.158.110 and 19.158) as applicable to Washington residents. For purposes of compliance, you agree that we may assume that you are a Washington resident if, at the time of opt-in to the Program, the area code for the phone number used to opt-into the Program is a Washington area code.

13. Miscellaneous: You warrant and represent to Us that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in this Agreement or in the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. Any new features, changes, updates or improvements of the Program shall be subject to this Agreement unless explicitly stated otherwise in writing. We reserve the right to change this Agreement from time to time. Any updates to this Agreement shall be communicated to you. You acknowledge your responsibility to review this Agreement from time to time and to be aware of any such changes. By continuing to participate in the Program after any such changes, you accept this Agreement, as modified.

SECTION 1 - WHAT DO WE DO WITH YOUR INFORMATION?

When you purchase something from our store, as part of the buying and selling process, we collect the personal information you give us such as your name, address and email address.

When you browse our store, we also automatically receive your computer’s internet protocol (IP) address in order to provide us with information that helps us learn about your browser and operating system.

Email marketing (if applicable): With your permission, we may send you emails about our store, new products and other updates.

Text marketing (if applicable): With your permission, we may send text messages about our store, new products, and other updates. Updates include Checkout Reminders. Webhooks will be used to trigger the Checkout Reminders messaging system.

INTERNATIONAL TEXT LIST
1: IMPORTANT PLEASE NOTE!!!! You will be CHARGED from your wireless carrier for these messages. We have no control over this unfortunately and we aren’t responsible for any charges. Please contact your wireless provider and ask so you can be prepared.
2: By signing up via text, you agree to receive recurring automated marketing messages at the phone number provided. Consent is not a condition of purchase. Reply STOP to unsubscribe. Message and data rates may apply. View our Privacy Policy and Terms of Service.*

Subscription Service Terms and Conditions

Monthly Subscription: By purchasing a monthly subscription, you agree to an initial and recurring monthly subscription fee at the current monthly subscriptions rate, you accept responsibility for all recurring charges until you cancel your subscription and you agree to and and accept the subscription perks provided to you at sign up. You may cancel your monthly subscription at any time, subject to the terms of our cancellation policy.

Automatic Monthly Renewal Terms: Once you subscribe, Kantha Bae will automatically process your monthly subscription fee in the next billing cycle. Kantha Bae will continue to automatically process your monthly subscription fee each month at the current monthly subscription rate, until you cancel your subscription. We explain how to cancel your subscription below at the “cancellation policy.”

Welcome Box: Welcome boxes are limited to 1 per account at the time of your original sign up to the program and will not be issued again.

Discounts: Please keep in mind with all discounts provided in the program some exclusions and terms may apply.

Annual Subscription: By purchasing an annual subscription, you agree to an initial pre-payment for one full year of service. After one year and annually thereafter, you will be billed a recurring annual subscription renewal fee at the current annual subscription rate. You may cancel your subscription anytime before the next billing cycle, subject to the terms of our cancellation policy listed below.

Automatic Annual Renewal Terms: We bill your credit card for the Annual Subscription renewal fee in the first month of your next Annual Subscription.

General Restrictions on Use: The rights granted to you by these terms will remain in force only for so long as these terms remain in effect. You may not rent, transfer, assign, commercially exploit, resell, or sublicense access to this service to any third-party. You may use the services only for your personal, non-commercial purposes. You further agree not to combine or integrate the services with hardware, software, or other technology or materials not provided by us. You may not decompile, disassemble, reverse engineer or otherwise attempt to obtain or perceive the source code from while any component of the site and services is compiled and interpreted, and nothing in these terms should be interpreted as granting you any right to obtain or use source code. Except as expressly stated herein, no part of the site or services may be copied, reproduced, redistributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. You agree to not use the site or services to: (a) violate any local, state, national, or international law; (b) stalk, harass, or harm another individual; c) collect or store personal data about other users; (d) impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity; or (e) interfere with or disrupt the services or servers of networks connected to the services, or disobey any requirements, procedures, policies or regulations of networks connected to the servers.

Return Policy: There are absolutely no returns provided for this subscription service.

Refund Policy: We understand sometimes you can forget to cancel so for that we have a short grace period to request a refund. You have 24 hours from the time the membership was charged to your card to request a refund. PLEASE NOTE: This is only applicable if you have not used any of your perks during the 24 hour period.

If it exceeds 24 hours or you have taken advantage of any perks such as your code, free shipping on an order(s) or birthday present during that time please understand that we cannot under any circumstances issue a refund.

Our 24 hour grace period is the only exception to refunds at this time. You can always cancel your membership at any time, but after 24 hours or taking advantage of your perks you will not be eligible for reimbursement.

If you are not eligible for a refund your membership will continue to be active until its renewal date, when the cancellation takes effect.

Cancellation Policy: You can cancel a monthly or annual subscription at any time. Please cancel using our online service by 5:00 PM CST the day before your billing date if you do not wish to receive that month’s service. If you wish to email, please contact us at least three business days prior to your subscriptions auto-renewal date.