Terms & Conditions
YOUR AGREEMENT TO THESE TERMS
These Terms outline your agreement with Kulture Capital regarding the use of the Website, placement of Orders for Products, and related matters. By using the Website or opening an Account, you agree to be bound by these Terms and any applicable U.S. laws.
ACCESS AND USE OF THE WEBSITE
You must use the Website in accordance with these Terms and applicable law. You agree not to interfere with or disrupt the Website, its servers, or networks, nor engage in actions that could damage or misuse Kulture Capital’s reputation, such as implying any association or endorsement where none exists, or engaging in illegal or unfair activities.
INFORMATION ON THIS WEBSITE
All intellectual property rights on the Website are owned by or licensed to Kulture Capital. You may not reproduce, transmit, or otherwise use any Website content except as permitted by law or with Kulture Capital’s consent. Kulture Capital is not liable for any inaccuracies in information provided by third-party merchants or suppliers on the Website.
ORDERS AND AGREEMENT FORMATION
To place Orders, you must register an Account with Kulture Capital by:
- Providing accurate personal information, including name, address, payment details, and a valid email address.
- Being at least 18 years old and legally capable of entering into a binding agreement.
Follow the instructions on the Website to place Orders and make changes before submission. Kulture Capital will confirm your Order via email; however, this is not an acceptance. A binding agreement is formed only when you receive a shipment confirmation. Kulture Capital reserves the right to refuse any Order at its discretion.
PAYMENT
All payments to Kulture Capital must be made in U.S. Dollars. Full payment is required at the time of Order acceptance by one of the payment methods disclosed on the Website. If your chosen payment method lacks sufficient funds or you are not entitled to use it, Kulture Capital may not process the Order.
YOUR ACCOUNT AND SECURITY
You are responsible for activity on your Account and must keep your password secure. Kulture Capital is not liable for any unauthorized activity if you fail to secure your login information. Notify Kulture Capital immediately if you suspect unauthorized use of your Account.
CANCELLATIONS AND AMENDMENTS TO ORDERS
Kulture Capital is not obligated to accept cancellation or amendment requests. However, you may request changes after submitting your Order, and Kulture Capital will notify you if these changes can be accommodated. If Kulture Capital cannot process your Order, it will cancel and refund any payment made.
PRODUCT DELIVERY
Kulture Capital delivers Products to the address provided in your Order. Delivery fees and timing are communicated at the time of purchase, but firm delivery dates are not guaranteed. If you authorize Kulture Capital to leave Products at a specified location, Kulture Capital is not liable for loss or damage once delivered.
TITLE AND RISK
Title and risk pass to you upon Kulture Capital accepting your Order and payment. Kulture Capital is not liable for any loss after this point, except as stated in these Terms.
YOUR COMMITMENTS, AGREEMENTS, AND ACKNOWLEDGEMENTS
You warrant that all information provided is accurate and complete, allowing Kulture Capital to rely on it unless otherwise notified in writing. You agree to notify Kulture Capital of any changes to your details and assume responsibility for ensuring Products are suitable for your use.
TERMINATION OF AGREEMENTS
Kulture Capital may terminate an Agreement if you fail to comply with essential obligations, such as payment. If Kulture Capital cannot fulfill your Order, it will cancel and refund any payment made. In the case of a breach, Kulture Capital may retain payment as security and seek further recourse.
PRODUCT RETURNS
You may return a Product to Kulture Capital if it is defective or subject to a warranty claim under these Terms. If confirmed defective, Kulture Capital will replace or refund the Product. If the Product is in acceptable condition, Kulture Capital will return it to you, and you may be responsible for delivery costs.
VOUCHERS, GIFT CARDS, AND STORE CREDIT
Vouchers and Gift Cards are valid only for the specified period and are not redeemable for cash. If multiple Products are purchased with a Voucher, any returns will be prorated. Gift Cards cannot be used to buy additional Gift Cards. Store credits are non-transferable and expire 12 months from issuance.
ERRORS
Kulture Capital reserves the right to correct any errors in Price, charges, or other details and rescind any Agreement where an error occurred. Any corrected Price or charges must be accepted by you to proceed with the Order.
LIMITATION OF LIABILITY AND DISCLAIMER OF WARRANTIES
To the fullest extent permitted by U.S. law, Kulture Capital disclaims all warranties, express or implied, including implied warranties of merchantability and fitness for a particular purpose. Kulture Capital is not liable for any indirect, consequential, or incidental damages arising from your use of the Website or transactions, including but not limited to lost profits or business interruption. Kulture Capital’s liability in all cases will be limited to the amount paid for the Products.
INDEMNITY
You agree to indemnify Kulture Capital against any loss arising from a claim by you or a third party due to your breach of these Terms.
PRIVACY
Kulture Capital collects and uses personal information to provide services, communicate with you, and comply with legal requirements. Kulture Capital may share your information with third parties as required by law or for credit assessments. By using the Website, you consent to these uses as outlined in our Privacy Policy.
VARIATION
Kulture Capital may modify these Terms at any time, and your continued use of the Website constitutes acceptance of any changes.
GOVERNING LAW AND DISPUTE RESOLUTION
These Terms are governed by U.S. federal law and the laws of the state in which Kulture Capital operates. Any disputes arising under these Terms shall be resolved through arbitration under the rules of the American Arbitration Association or other mutually agreed arbitrator.
OTHER PROVISIONS
- Notice: Any notices or other communications will be sent to your last notified postal or electronic address.
- Assignment: You may not assign your rights under any Agreement or these Terms without prior written consent from Kulture Capital.
- Severability: If any part of these Terms is found to be unenforceable, the remainder shall continue in full force.
- Force Majeure: Kulture Capital is not liable for delays or failures due to causes beyond its control, including natural disasters or government actions.
DEFINITIONS
- Account: An account issued by Kulture Capital for facilitating transactions.
- Agreement: An agreement for the sale of Products by Kulture Capital upon acceptance of an Order.
- Loss: Any damage, cost, or liability incurred in connection with these Terms.
- Product(s): Goods sold to you by Kulture Capital as part of any Order.