terms & conditions

1. INTRODUCTION

These Terms and Conditions (these “Terms” or these “Terms and Conditions”) contained herein on this webpage, shall govern your use of this website, including all pages within this website (collectively referred to herein below as this “Website”). By entering the Website or ordering products from kula villageKula Village, the User agrees to be bound by and shall be deemed to have accepted these Terms, which the User acknowledges to have read and understood. These Terms apply in full force and effect to your use of this Website and by using this Website, you expressly accept all terms and conditions contained herein in full. You must not use this Website, if you have any objection to any of these Terms and Conditions. If the User does not agree to any of the Terms, the User should not enter, view or make use of the Website www.kulavillage.com.

 ONLY PERSONS AGED 18 YEARS AND OVER, WHO ARE LEGALLY ENTITLED TO DO SO, ARE PERMITTED TO PLACE ORDERS ON THE WEBSITE.

2. DEFINITIONS

The headings to the clauses of these Terms are for reference purposes only and shall in no way govern nor affect the interpretation of nor modify nor amplify these Terms nor any clause hereof. Unless the context dictates otherwise, the words and expressions set forth below shall bear the following meanings, and cognate expressions shall bear corresponding meanings:

  • “Kula Village” shall mean Gaia Global LLC and Kula Village Proprietary;

  • “Business Day” shall mean any day other than a Saturday, Sunday or official public holiday in the State of Texas;

  • “Intellectual Property” shall mean all intellectual property subsisting in, pertaining to or used on the Website including, without limitation, patents, inventions, copyright, trademarks, goodwill and/or trade secrets;

  • “Parties” shall mean the User and Kula Village and “Party” shall, as the context requires, be a reference to any one of them;

  • “Terms” shall mean these terms and conditions;

  • “User” shall mean the user of the Website in terms of these Terms;

  • “Website” or “site” shall mean the website located at www.kulavillage.com and includes any part or element thereof;

  • Unless inconsistent with the context or save where the contrary is expressly indicated an expression which denotes: anyone gender includes the other genders;

  • a natural person includes an artificial person and vice versa; and

  • the singular includes the plural and vice versa.

Where any term is defined within the context of any particular clause in these Terms, the term so defined, unless it is clear from the clause in question that the term so defined has limited application to the relevant clause, shall bear the same meaning as ascribed to it for all purposes in terms of these Terms, notwithstanding that that term has not been defined in this clause.

The expiration or termination of these Terms shall not affect such of the provisions of these Terms as expressly provide that they will operate after any such expiration or termination or which of necessity must continue to have effect after such expiration or termination, notwithstanding that the clauses themselves do not expressly provide for this.

These Terms shall be binding on and enforceable by the estates, heirs, executors, administrators, trustees, permitted assigns or liquidators of the Parties as fully and effectually as if they had signed these Terms in the first instance, and reference to any Party shall be deemed to include such Party’s estate, heirs, executors, administrators, trustees, permitted assigns or liquidators, as the case may be. Where figures are referred to in numerals and words, if there is any conflict between the two, the words shall prevail.

This page (together with the documents referred to on it) tells you the terms and conditions on which we supply any of the products listed on our website to you. Please read these terms and conditions carefully before ordering any Products from our site. You should understand that by ordering any of our Products, you agree to be bound by these terms and conditions.

We reserve the right to amend these terms and conditions at any time. All amendments to these terms and conditions will be posted on-line. You may terminate this Agreement by written notice to us (by email to our official email address) if you do not wish to be bound by such new terms and conditions. However, continued use of the Service or the Website will be deemed to constitute acceptance of the new terms and conditions. You should print a copy of these terms and conditions for future reference.

 3. PLACING AN ORDER

Only persons aged 18 years and over, who are legally entitled to do so, are permitted to place orders on the Website. We currently deliver the order in USA, but in the future, we are planning to open delivery for other countries as well. We offer different types of products sold by different sellers. Additionally:

By placing an order, the User represents and warrants that:

  • the User is legally capable of entering into binding contracts;

  • the User is at least 18 years of age; and

  • the User agrees to be bound by these Terms.

By doing so, the User accepts that Kula Village will rely on the User’s representation that the User has unfettered legal capacity to contract and that the user is over 18 years of age.

Before proceeding to finalize any order, the User will be given an opportunity to review and, if required, correct the contents of the User’s order as well as any information or addresses provided.

After finalizing this process, you will receive an e-mail from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a Product. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that the Product has been dispatched. The contract between us will only be formed when we send you this confirmation.

Contract will relate only to those Products whose dispatch we have confirmed in an e-mail. We will not be obliged to supply any other Products which may have been part of your order until the dispatch of such Products has been confirmed in a separate e-mail Subject to clause above, the products and prices stated on the Website are only valid while stocks last. Kula Village will in no way be held liable to provide a product at an expired price or where the product concerned is no longer in stock or available.

The products described or graphically represented on the Website may differ in color, shape, form, design, contents, and appearance from the final product delivered.

4. DELIVERY

Orders will only be shipped by the seller once Kula Village has received full payment of the full purchase price for the goods and all charges and costs relating to the products.

Unless otherwise agreed or stipulated in the User’s order or on the Website, the User’s order will be delivered by the courier company specified by Kula Village, to the address provided by the User during the order process. The User must ensure that someone will be available at the delivery address during Business Hours (between 08:00 and 17:00 on Business Days) in order to receive delivery of the products. The User will be responsible for any additional fees that may be charged by the courier if no one was available to receive delivery of the order at the address specified by the User. Our shipping partner will make an effort to ensure that delivery takes place within the time period specified on the Website in relation to the User’s order. However, the size and quantity of an order as well as the distance between Kula Village and the delivery address provided, amongst other circumstances, may require a longer period for delivery. The User will be notified from time to time of any anticipated delays with delivery and, in such circumstances, the updated delivery time will substitute and take preference over the delivery time stipulated in the confirmatory email or reflected on the Kula Village’ invoice.

If products are lost or damaged in transit, Kula Village will not be liable for such loss or damage and the User must contact the courier in such an event. Despite this, Kula Village may, in its discretion, choose to refund or replace lost or damaged goods. However, such refund or replacement will not cause Kula Village to be liable for the loss or damage or create any obligations for Kula Village in relation to the damage or loss.

 5. PRICE AND PAYMENT

The price of the Products and shipping cost will be clearly mentioned on each product, except in cases of obvious error.

The value of the Products includes our delivery charges (if applicable) and will be as quoted on our site from time to time, except in cases of obvious error.

Product prices and delivery charges are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a delivery confirmation e-mail. Although every effort will be made to ensure that products are correctly priced on the Website, in the unlikely event that a product is incorrectly priced:

  • where the incorrect price is lower than the correct price, Kula Village will not be bound to sell the product concerned at such a price and a representative of Kula Village will contact the User when the order is being processed in order to inform such User of the higher price to be paid for such product and will await instructions from the User as to whether the User still wishes to purchase the product concerned at the higher price or to cancel the order and receive a full refund; and

  • if the incorrect price is higher than the correct price, a representative from Kula Village will advise the User of the lower price in the confirmatory e-mail but will proceed to process and confirm such order.

Notwithstanding any other clause contained in these Terms, we shall have no duty to deliver any product until the User’s payment has been cleared by the relevant bank and has been credited and becomes available in Kula Village’s bank account. The User’s Order will be cancelled immediately where payment by credit card is not processed by the relevant bank and credited to Kula Village’s bank account within 48 (forty eight) hours from the time of placement of such order.

 6. CANCELLATION AND RETURNS

Return policy of each product is as specified on the product description page which has been set by the seller.

Any product returned must be accompanied with the User’s proof of payment in respect of such product. The product must be returned via courier to Kula Village’s physical address.

If a product is returned in terms of clause 6 to Kula Village’s address, Kula Village will, following receipt and examination of such product, reimburse the User with the purchase price paid by the User for the product, excluding any applicable delivery costs and/or charges.

No provision stated in these Terms regarding Kula Village’s cancellation and returns policy will affect or be interpreted to deny the User any of his unalterable statutory rights. If a User has canceled an order, and the User wishes to revive such order, the User needs to place a new order for the products concerned.

To terminate your authorization or change your payment method email our official email address or update the same on our website under “manage your subscriptions” section. If you cancel, you may use your subscription until the end of your then-current subscription term; your subscription will not be renewed after your then-current term expires. However, you will not be eligible for a prorated refund of any portion of the subscription fee paid for the then-current subscription period.

 7. PRODUCT WARRANTY AND LIABILITY

This Website is provided “as is,” with all faults, and Kula Village makes no express or implied representations or warranties, of any kind related to this Website or the materials contained on this Website. Additionally, nothing contained on this Website shall be construed as providing consult or advice to you.

Kula Village makes no warranties or representations in respect of products sold to Users. Kula Village shall not be liable for any damages, injury, loss, cost or expense suffered or incurred by Users as a result of products sold by sellers on Kula Village platform.

To the extent permitted by law, the User indemnifies and holds Kula Village, its officers, employees, agents, and contractors harmless against all claims, liability, injury, losses, costs, expenses and penalties arising from or related to the products sold by any seller on Kula Village or the use of such products.

 8. WRITTEN COMMUNICATIONS

You accept that communication with us will be mainly electronic. For contractual purposes, you agree to this electronic means of communication, and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.

  1. INDEMNIFICATION

You hereby indemnify to the fullest extent Kula Village from and against any and/or all liabilities, costs, demands, causes of action, damages and expenses arising in any way related to your breach of any of the provisions of these Terms and Conditions.

 10. LIABILITIES REGARDING USE OF THE WEBSITE

In no event shall Kula Village, nor any of its officers, directors and employees, be liable to you for anything arising out of or in any way connected with your use of this Website, whether such liability is under contract, tort or otherwise, and Kula Village, including its officers, directors and employees shall not be liable for any indirect, consequential or special liability arising out of or in any way related to your use of this Website.

The User makes use of this Website at his own risk. The Website and all information, content, materials, and services included or otherwise made available to the User therein are provided on an “as is” and an “as available” basis. Kula Village makes no warranties or representations of any kind, express or implied, as to the operation of this Website or the available information, content, materials or services included on or otherwise made available to the User.

To the extent permitted by law, the liability of Kula Village for losses suffered as a result of any breach of these Terms shall be strictly limited to the purchase price of the product or products purchased by any User.

Notwithstanding anything to the contrary contained in these Terms, Kula Village shall have no liability for any loss, damage, cost, claim or penalty of whatsoever nature including, but not limited to, indirect and consequential loss or damage and loss of profits, however arising out of or in connection with these Terms or the Website, whether caused by latent or patent defects in the Website, the use of the Website and/or information contained on the Website or otherwise.

The User assumes all responsibility and risk for the use of the Website. The User hereby indemnifies Kula Village and holds it harmless against any and all liability, loss, damage, penalty, cost or claim of any nature whatsoever suffered by him or any third party in relation to any act or omission by the User or, where applicable, the User’s shareholders, members, directors, officers, employees, representatives, agents or assigns or any third party in relation to the Website and the use thereof by the User, and/or arising from the provisions of these Terms.

Kula Village will not be held liable for any delay, failure, breach or non-compliance with its obligations under these Terms if such delay, failure, breach or non-compliance is beyond the reasonable control of Kula Village.

The User may not use, reproduce, adapt, distribute, publish or in any other way deal or interfere with the Website’s contents without the prior written consent of Kula Village.

Kula Village reserves the right to make any changes to the Website, its content and/or services offered through the Website at any time and without prior notice.

Content published on the Website reflects the views of the author and does not necessarily constitute the official opinion of Kula Village unless otherwise stated.

 11. DISCLAIMER

Any commentary, advice, information, suggestions, opinions, answers or any other information posted on the Website is not intended to nor shall it be interpreted to amount to advice on which reliance should be placed and are posted merely for guidance purposes only. The User makes use of any such information at his own risk and in his own discretion and disclaims and indemnifies Kula Village from and against any and all liability and responsibility arising from any reliance placed on such information whether posted on the Website or by any other person visiting the Website.

12. PROPRIETARY RIGHTS AND JURISDICTION

The Website is owned by Kula Village and Gaia Global LLC and the User acknowledges that Kula Village and/or its licensors are the proprietors of any and all Intellectual Property associated with, related to or appearing on the Website. The content of the Website, including but not limited to any pictures, photos, text, presentations, names, titles, brands, drawings, models and associated software are protected by USA and international law. The owners of such content reserve all such rights therein unless provided otherwise in these Terms. In any case, we operate under the State of Texas laws and under the Federal United States of America Jurisdiction.

  1. CHANGE TERMS

 Kula Village is permitted to revise these Terms at any time as it sees fit, and by using this Website you are expected to review such Terms on a regular basis to ensure you understand all terms and conditions governing use of this Website.

  1. GOVERNING LAW & JURISDICTION

These Terms and Conditions will be governed by and construed in accordance with the laws of the State of  Texas , and you submit to the non-exclusive jurisdiction of the state and federal courts located in Texas for the resolution of any disputes.

  1. ENTIRE AGREEMENT

These Terms and Conditions constitute the entire agreement between Company Name and you in relation to your use of this Website, and supersede all prior agreements and understandings.

  1. SEVERABILITY

If any provision of these Terms is found to be invalid under any applicable law, such provisions shall be deleted without affecting the remaining provisions herein.

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