Terms of Service

Last Updated: August 28, 2026

These Terms of Service (“Terms”) govern your access to and use of www.thekonabrand.com and any products or services offered by Kona Brand (“Kona Brand,” “we,” “us,” or “our”).

By visiting our website, purchasing a product, or otherwise using our services, you agree to these Terms.

Please read them carefully before using our website.

1. Our Store

Kona Brand operates this website and online store. Our ecommerce store is powered by Shopify, which provides the platform that allows us to sell our products and services to you.

You may use our website and purchase our products only for lawful purposes and in accordance with these Terms.

2. Eligibility

By using our website, you represent that you are at least the age of majority in your state, province, or jurisdiction of residence, or that you have permission from a parent or legal guardian where required.

You may not use our website or products for any illegal or unauthorized purpose.

3. Products

We make reasonable efforts to accurately display and describe our products, including their colors, designs, materials, sizing, and other characteristics.

However, colors and other visual details may appear differently depending on your device, screen, lighting, or other factors.

Product availability is not guaranteed. We reserve the right to:

• Limit quantities

• Discontinue products

• Change product designs or specifications

• Change prices

• Refuse or cancel orders where reasonably necessary

We may make these changes without prior notice, except where notice is required by law.

4. Pricing

All prices are displayed in the currency indicated on our website.

Prices, promotions, discounts, and product availability may change at any time without notice.

Applicable taxes, shipping charges, duties, or other fees may be added at checkout when applicable.

We reserve the right to correct pricing errors or other mistakes on our website.

If an error materially affects an order you've already placed, we may contact you to provide options or cancel and refund the affected order.

5. Orders

Submitting an order does not necessarily guarantee acceptance of the order.

We reserve the right to refuse, limit, or cancel an order for legitimate reasons, including:

• Product availability

• Pricing or listing errors

• Suspected fraud

• Unauthorized transactions

• Unusual purchasing activity

• Orders that appear intended for unauthorized resale

If we cancel an order after payment has been collected, we will refund the applicable amount.

You agree to provide current, complete, and accurate information when placing an order.

6. Pre-Orders

Certain products may occasionally be offered for pre-order before inventory is available for immediate shipment.

Estimated production, arrival, and shipping dates for pre-orders are estimates and may change.

Manufacturing, freight, customs, weather, carrier delays, and other circumstances may affect expected delivery timelines.

Where appropriate, we will communicate significant changes to customers with outstanding pre-orders.

Any additional terms displayed when you place a pre-order will also apply to that purchase.

7. Shipping

Shipping options, charges, and estimated delivery times are provided during checkout when available.

Delivery dates are estimates unless explicitly stated otherwise.

Please review our Shipping Policy for additional information regarding processing, shipping, tracking, pre-orders, international orders, and delivery issues.

8. Returns, Exchanges, and Refunds

Returns, exchanges, and refunds are governed by our Refund & Return Policy.

Please review that policy before making a purchase.

Nothing in these Terms limits any consumer rights that cannot legally be waived.

9. Promotions and Discount Codes

We may occasionally offer promotions, discount codes, giveaways, or other special offers.

Unless otherwise stated:

• Promotions cannot be combined

• Discounts have no cash value

• Promotions may be modified or ended at our discretion

• Discount codes must be entered before completing checkout

• Discounts generally cannot be applied retroactively to previous purchases

Additional terms may apply to individual promotions.

10. Intellectual Property

The content on our website, including our brand names, logos, product designs, artwork, photographs, graphics, videos, text, website content, and other materials, is owned by or licensed to Kona Brand and may be protected by copyright, trademark, and other intellectual property laws.

You may not reproduce, distribute, modify, sell, commercially exploit, or create derivative works from our content without our prior written permission, except as otherwise permitted by law.

11. Reviews and User-Generated Content

If you submit a review, photograph, comment, testimonial, feedback, or other content to us or through our website, you represent that you have the right to provide that content.

You may not submit content that:

• Violates another person's intellectual property or privacy rights

• Is fraudulent or intentionally misleading

• Is unlawful, threatening, abusive, or defamatory

• Contains malicious software or harmful code

Where permitted by law, by submitting content for publication you grant Kona Brand a non-exclusive, worldwide, royalty-free license to use, reproduce, display, distribute, and adapt that content in connection with our business and marketing.

We reserve the right to moderate or remove content where permitted by law.

12. Third-Party Services and Links

Our website may use or contain links to third-party websites, applications, payment providers, social media platforms, or other services.

We do not control these third parties and are not responsible for their content, availability, privacy practices, or security.

Your use of third-party services may be governed by separate terms and privacy policies.

13. Personal Information

Our collection and use of personal information is described in our Privacy Policy.

By using our website, you acknowledge that your information may be processed as described in that policy.

14. Prohibited Uses

You may not use our website or services to:

• Violate applicable laws

• Infringe intellectual property rights

• Submit fraudulent or misleading information

• Transmit viruses, malware, or malicious code

• Attempt to gain unauthorized access to our systems

• Scrape, harvest, or improperly collect personal information

• Interfere with the security or operation of our website

• Engage in fraudulent purchases or payment activity

• Use our content for unauthorized commercial purposes

We may restrict or terminate access to our website for violations of these Terms.

15. Errors and Inaccuracies

Occasionally, information on our website may contain typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, shipping charges, availability, or other information.

We reserve the right to correct errors, update information, or cancel affected orders when reasonably necessary.

16. Disclaimer

We make reasonable efforts to provide a reliable website and accurate information.

However, to the fullest extent permitted by applicable law, our website and online services are provided on an “as is” and “as available” basis.

We do not guarantee that the website will always be uninterrupted, error-free, or completely secure.

This section does not limit warranties or consumer protections that cannot legally be excluded.

17. Limitation of Liability

To the fullest extent permitted by applicable law, Kona Brand and its owners, employees, affiliates, contractors, service providers, and partners will not be liable for indirect, incidental, special, punitive, or consequential damages arising from your use of our website or services.

Where applicable law does not permit certain exclusions or limitations of liability, those exclusions or limitations will apply only to the maximum extent permitted by law.

Nothing in these Terms excludes liability that cannot legally be excluded.

18. Indemnification

To the extent permitted by law, you agree to indemnify and hold harmless Kona Brand and its owners, employees, affiliates, contractors, and service providers from claims or liabilities resulting from your unlawful use of our website, your violation of these Terms, or your infringement of another person's rights.

19. Severability

If any provision of these Terms is determined to be unlawful, invalid, or unenforceable, that provision will be enforced to the maximum extent permitted by law or severed where necessary.

The remaining provisions will continue in effect.

20. Changes to These Terms

We may update these Terms periodically to reflect changes to our business, website, products, or applicable laws.

The current version will be posted on our website with an updated “Last Updated” date.

Your continued use of our website after changes become effective constitutes acceptance of the revised Terms to the extent permitted by applicable law.

21. Governing Law

These Terms are governed by the laws applicable to Kona Brand's operations in the Commonwealth of Massachusetts and the United States, without limiting any mandatory consumer protections available to you under the laws of your place of residence.

22. Contact Information

Questions about these Terms may be sent to:

Kona Brand
153 Prospect Street
Marshfield Hills, MA 02051
United States

Email: thekonabrand@gmail.com
Phone: 781-733-4381