Terms of Service

YOUR AGREEMENT TO THESE TERMS

  • These Terms outline your agreement with Kulture Capital for the use of the Website and the placement of Orders for Products.
  • By using the Website or opening an Account, you agree to be bound by these Terms.

ACCESS AND USE OF THE WEBSITE

  • You may only use the Website in accordance with these Terms and applicable U.S. law.
  • You must not:
    • Interfere with the Website or the servers or networks hosting it, or compromise security-related features;
    • Use data gathering and extraction tools on the Website; or
    • Link to any part of the Website in a manner that damages or takes advantage of Kulture Capital’s reputation or implies any association or endorsement where none exists.

INFORMATION ON THIS WEBSITE

  • You acknowledge that intellectual property rights on the Website are owned by or licensed to Kulture Capital.
  • You may not reproduce, transmit, communicate, or use any material on the Website without prior consent from Kulture Capital.
  • Kulture Capital is not liable for inaccuracies in third-party content on the Website.

ORDERS AND AGREEMENT FORMATION

  • To place Orders, you must register an Account and provide accurate personal information, including your name, address, payment details, and a valid email address. You must be at least 18 years old and legally able to enter into a binding agreement.
  • Follow the instructions on the Website to place Orders. The Price and charges displayed at the time of Order are indicative only and may be confirmed upon acceptance.
  • All payments to Kulture Capital must be made in U.S. Dollars, and Orders are confirmed only when you receive a shipment confirmation.
  • Kulture Capital may refuse any Order at its discretion, including for reasons such as:
    • Product unavailability,
    • Suspected re-selling or fraudulent activity,
    • Delivery concerns to your specified address.

YOUR ACCOUNT AND SECURITY

  • You are responsible for all activity on your Account and must keep your password secure.
  • Notify Kulture Capital immediately if you suspect unauthorized access to your Account.
  • Kulture Capital is not liable for any loss incurred due to unauthorized Account activity resulting from your failure to maintain security.

CANCELLATIONS AND AMENDMENTS TO ORDERS

  • Kulture Capital is not obligated to accept requests for Order cancellations or amendments. However, if requested, Kulture Capital will notify you of whether it can accommodate your request.
  • If Kulture Capital cannot process an Order, it will notify you, cancel the Order, and refund any payment made.

PRODUCT DELIVERY

  • Kulture Capital will deliver Products to the address specified in your Order. Delivery fees and timing will be communicated at checkout, but specific delivery dates are not guaranteed.
  • If you authorize Kulture Capital to leave Products unattended at a specific location, Kulture Capital is not liable for loss or damage once delivered.
  • If you fail to accept delivery, Kulture Capital may charge storage fees or terminate the Agreement.

TITLE AND RISK

  • Title and risk pass to you upon Kulture Capital accepting your Order and payment. Kulture Capital is not liable for loss after this point, except as specified in these Terms.

YOUR COMMITMENTS AND ACKNOWLEDGEMENTS

  • You agree to provide accurate and current information, maintain the security of your password, and promptly notify Kulture Capital of any changes to your details.
  • Kulture Capital reserves the right to correct any errors and make adjustments to Orders as necessary.

TERMINATION OF AGREEMENTS

  • Kulture Capital may terminate an Agreement if you fail to meet any essential obligations, including payment. Upon termination due to non-availability or delivery issues, Kulture Capital will refund any payment made.
  • In cases where you breach the Terms, Kulture Capital may withhold any payments as security or enforce any applicable rights.

PRODUCT RETURNS

  • You may return a Product if it is defective or covered under a warranty claim. Kulture Capital will replace or refund defective Products.
  • If Kulture Capital determines that the Product is not defective, you will be responsible for return shipping costs.

VOUCHERS, GIFT CARDS, AND STORE CREDIT

  • Vouchers and Gift Cards can be used for purchases on the Website, are valid for the specified period, and cannot be redeemed for cash. If multiple Products are purchased with a Voucher and one is returned, the refund will be prorated.
  • Store credits are non-transferable, do not accrue interest, and expire 12 months from the date issued.

ERRORS

  • Kulture Capital reserves the right to correct any errors in pricing or charges and will notify you of any corrections. In cases of significant errors, Kulture Capital may rescind an Agreement and refund any amounts paid.

LIMITATION OF LIABILITY

  • To the fullest extent permitted by U.S. law, Kulture Capital disclaims all warranties, express or implied, and is not liable for incidental or consequential damages. Kulture Capital’s total liability for any claim is limited to the amount paid for the Product.

INDEMNITY

  • You agree to indemnify Kulture Capital for any loss suffered as a result of a claim arising from your breach of these Terms or applicable law.

PRIVACY

  • Kulture Capital collects, uses, and discloses personal information per U.S. privacy laws. By using the Website, you consent to the collection and use of your information as described in our Privacy Policy.

VARIATION

  • Kulture Capital may modify these Terms at any time. Your continued use of the Website constitutes acceptance of any changes.

NOTICE

  • Kulture Capital will provide notices by email or mail, using your last notified address. Notices are deemed received on the Business Day following posting or when sent electronically.

ASSIGNMENT

  • You may not assign any rights under these Terms without prior written consent from Kulture Capital.

GOVERNING LAW AND DISPUTE RESOLUTION

  • These Terms are governed by U.S. law and any disputes will be resolved in a court located within the state where Kulture Capital is headquartered. Any legal action arising under these Terms must be brought within the relevant U.S. jurisdiction.

FORCE MAJEURE

  • Kulture Capital is not liable for delays or failure to perform due to causes beyond its control, such as natural disasters, government actions, or other events constituting force majeure.

SEVERABILITY

  • If any part of these Terms is found to be unenforceable, the remaining provisions will remain in effect.

DEFINITIONS

  • Account: An account registered by you for facilitating transactions on the Website.
  • Agreement: A sales agreement between you and Kulture Capital upon acceptance of an Order.
  • Order: A request for Products submitted through the Website.
  • Product(s): Goods sold by Kulture Capital.
  • Loss: Any damage, cost, or liability incurred in connection with these Terms.
  • Website: The Kulture Capital website for sales and transactions.