Terms of service & Privacy Policy
Updated on 12 November 2025
15 minutes read
This Terms of Service Agreement (the "Agreement") governs Your use of hinikyuukhaleth.bigcartel.com (the “Site”, "hinikyuu&Khaleth", "We", "Us" or "Our"), and any mobile device applications provided by Big Cartel (the "Mother Site", “Their”) and any services made available to You by Big Cartel, LLC on or through the Mother Site (the "Services"). For purposes of this Agreement, "You" means the person using the Site or the Services or, if You are using the Site or Services on behalf of Your company (or another entity), then "You" means Your company (or such other entity), its officers, members, agents, successors and assigns.
Effective Date: October 10, 2025
-
A - Scope of the Agreement
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING THE SITE OR THE SERVICES. YOUR USE OF THE SITE OR THE SERVICES CONFIRMS YOUR UNCONDITIONAL ACCEPTANCE OF THE TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, DO NOT USE THE SITE OR THE SERVICES. IF YOU ORDER ANY PRODUCT OR SERVICE PROVIDED BY BIG CARTEL THROUGH THE SITE, THEN ACCEPTANCE BY BIG CARTEL IS EXPRESSLY CONDITIONED UPON YOUR ASSENT TO THIS AGREEMENT.
We are always looking for ways to improve the Site and the Services and, as a result, may amend this Agreement at any time by posting an amended Agreement on the Site. Any amended Agreement shall automatically be effective on the date that it is initially posted on the Site. By using the Site or the Services, You agree to be bound by the current form of this Agreement. It is Your responsibility to return to this Agreement from time to time to review the most current Agreement. Big Cartel and Us do not and will not assume any obligation to notify You of changes to this Agreement. The current Agreement will supersede any prior communications or agreement with respect to the Site or the Services, unless such agreement expressly states that it is not superseded by this Agreement.
-
B - Services Available on the Site
Users of the Site, who simply browse the Site ("Guests"), may be able to view products and information, request information and engage in certain services on the Site. Users of the Site who engage with Our content and buy Our products (“Customers”), may be able to create an account on the Mother Site and therefore need to consult Their Terms of service before creating an account.
The term "Users" refers to both Guests and Customers.
-
C - Proprietary Rights and License
All the content on the Site (including, for example, audio, photographs, illustrations, graphics, video), data, works of authorship and materials on the Site, the designs, and the compilation of the material on the Site (collectively, the "Content") are protected by French and international copyright, trademark and other laws.
hinikyuu&Khaleth own solely and exclusively, all rights, title and interest to said Content, including, but not limited to, all intellectual property and proprietary rights in the Site and Content.
You are not to reproduce any part of the Content.
Content that we do not upload on the Site, but use such as the code is owned by Big Cartel.
The trademarks, logos, service marks and trade names (collectively, the "Trademarks") displayed on the Site or in connection with the Content made available through the Site are registered and unregistered Trademarks of hinikyuu and Khaleth and may not be used. Nothing on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Site.
Your misuse of the Trademarks displayed on the Site or on or through any of the Site's services is strictly prohibited.
-
D - User Accounts
To learn about users accounts and its data treatment, You should refer to the Mother Site’s Terms of Service, We are contractors and Users of the Mother Site and do not manage such services.
The Site may be restricted to Users over the age of 18 and You agree not to access or attempt to access such pages if You are not over the age of 18.
All content that is not suited for audiences under 18 will be properly tagged as such via its name.
You will abide by all of the terms and conditions provided above with respect to Us.
To the extent that We post or otherwise provide the Mother Site with content, including photographs, illustrations, audio, text, graphics or other works of authorship, on or through the Mother Site or Our account, We grant the Mother Site no right to Our work, but permit it to exist on the Mother Site for as long as We are their customers and pay monthly for “hinikyuukhaleth.bigcartel.com”.
We, in counterparty, will not require any royalty from the Mother Site for putting up content on Their site.
When we will no longer be in a contract with the Mother Site, the Mother Site (Big Cartel) will have no right to display our works of authorship, graphics, texts, audios, photographs and (not limited to) illustrations.
You as a Guest or Customer get no right to use or reproduce any of our or Big Cartel’s respective Content.
-
E - hinikyuu&Khaleth’s Rights
We reserves the following rights as per the Mother Site’s rights:
To cooperate with any law enforcement, court or government investigation or order or third party requesting or directing that We disclose information or content or information that You provide, or if We decide that such disclosure is in Our, or our customer's best interests.
-
F - Prohibited Uses
You may use the Site and the Services only for lawful purposes. You may not transmit, post, store, distribute, display or present any information, software, data, file or material in violation of any applicable law or regulation. You may not use the Site or the Services to facilitate, or otherwise assist others in, the violation of any law or regulation.
-
G - Notice Regarding Electronic Payment Vendors
Users should be aware some payments may be processed through PayPal, Stripe or other electronic payment vendors. Big Cartel may also provide applications and other services to Merchants related to payment processing. Payments may not be processed for certain activities, such as for illegal or other prohibited activities.
Your relationship with the electronic payment vendors is separate from Your relationship with Big Cartel and Us and is governed by the terms and conditions contained in such vendor's agreement. Such terms and conditions are available at the respective vendor's website. Big Cartel is not responsible for the actions or omissions of any third party payment processor.
-
H - Governing Law; Exclusive Jurisdiction
This Agreement and the relationship between You and Us is governed by French laws, without regard to its conflict of law provisions. You agree that any cause of action that may arise under this Agreement or in connection with Your use of the Site will be commenced and be heard only in French courts.
You hereby consent to the exclusive personal jurisdiction of and venue in such courts. Our failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.
If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.
-
I - Your Representations and Warranties
By using the Site, the Services or the Content You represent and warrant that:
You are 18 years of age or older, an emancipated minor or the parent or guardian of a minor who You are authorizing to use the Site and the Services;
You understand and agree that this Agreement is a legally binding agreement and the equivalent of a signed, written contract;
You will use the Site and the Services in a manner consistent with all laws and regulations and in accordance with the terms and conditions of this Agreement;
You are authorized to sign for and bind the person or entity using the Site or the Services;
-
J - Limitations on Claims
Any cause of action You may have with respect to Your use of the Site or the Services must be commenced within one (1) year after the claim or cause of action arises.
You may contact Us via the contact section of the Site, or by email.
-
K - Entire Agreement and Assignment
This Agreement together with all policies and agreements referenced herein constitutes the entire agreement between hinikyuu&Khaleth and You with respect to the Site, the Mother Site, the Services and the Content, and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between You and Big Cartel or Us, with respect to the Site, the Services and the Content, unless an agreement specifically provides that it is not superseded by this Agreement. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.
-
L - Our Policy Concerning Minors
The Site and the Services are not intended for use by children. If You are under 18 years of age, You may use the Site or the Services only with the involvement and permission of Your parent or guardian.
Privacy policy
To learn about how your data is managed, refer to Big Cartel’s own Privacy policy.
We “hinikyuu&Khaleth, do not hold any of your information passed a year after your purchase.
We keep it in case of legal needs (such as litigation or such).
The data in question is limited to what is required to deliver your products, aka your first and last name, your email, the address of the delivery and the content of your purchase.
We don’t care about your phone number and we won’t send you sweet words on your email, promised.