Terms and Conditions 2018-11-18T13:59:48+00:00

Terms and Conditions

Terms and Conditions

LAST UPDATED: January  2017

DEFINITIONS

In these Terms and Conditions

  1. “Seller”, “us” and “we” are references to the owner of this website, Kalas LLC, which is a registered corporation in the USA.
  2. “Buyer”, “you” and “your” are references to the purchaser of the goods from us;
  3. “Goods” means the goods specified in the Seller’s invoice;
  4. “Contract” means the contract between Seller and Buyer for the sale and purchase of the Goods which incorporates these Terms & Conditions;
  5. “Terms” means these terms and conditions;
  6. “Site” means the Kalasware.com website.

Hello, this website Kalasware.com (the “Site”), is operated by Kalas LLC. By accessing our website, you, the user, agree to use the terms and conditions set out here. These terms and conditions may change at our discretion at any time and without prior notice. You may be accessing our Site from a computer, mobile phone device or tablet and these Terms of Use govern your use of our Site and your conduct, regardless of the means of access. These are the terms of use (“Terms of Use”) for your use of services or features on Kalasware.com (the “Site”). All orders and purchases made through this site are governed by these terms and conditions. The purchase of merchandise through the Kalasware.com website is strictly limited to parties who can lawfully enter into and form contracts on the site in accordance with the laws of the jurisdiction of their residence. These Terms & Conditions apply to the purchase of goods from Kalasware.com only.

We also may interact with you on third party sites where we post content or invite your feedback, such as

https://www.facebook.com/kalas,

www.instagram.com/kalas,

https://twitter.com/kalas, (“Third Party Sites”).

Our Terms of Use and other areas of our Site provide guidelines (“Guidelines”) and rules and regulations (“Rules”) in connection with our services, including services that involve Third Party Sites, but Kalas does not control those Third Party Sites, and these Terms of Use, our Guidelines and our Rules do not apply to companies that Kalas does not own or control, or to the actions of people that Kalas does not employ or manage. You should always check the terms of use posted on Third Party Sites.

By entering the kalasware.com website you agree that you will access the content solely for your personal, non-commercial use. All illustrations, designs, icons, graphics, photographs, pictures and any other items included in this website are the exclusive property of Kalas LLC, unless otherwise stated. By using the Site, you signify your agreement to these Terms of Use, our Privacy Policy and our Guidelines and Rules, whether or not you have read them. If you do not agree with any of these, you should not use our Site.

Responsibility of Website Visitors. Kalas has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, Kalas does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Kalas disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.

Content Posted on Other Websites. We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which Kalasware.com links, and that link to Kalasware.com. Kalas does not have any control over those non-Kalas websites and webpages, and is not responsible for their contents or their use. By linking to a non-Kalas website or webpage, Kalas does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Kalas disclaims any responsibility for any harm resulting from your use of non-Kalas websites and webpages.

We reserve the right to change or modify any of the terms and conditions contained in the Terms of Use, Guidelines and Rules from time to time at any time, without notice, and in Kalas’ sole discretion. If Kalas decides to change these Terms of Use, We will post a new version on the Site and update the date set forth above. Any changes or modifications to these Terms of Use, Guidelines or Rules will be effective upon posting of the revisions. Your continued use of the Site following the posting of any changes or modifications constitutes your acceptance of such changes or modifications and if you do not agree with these changes or modifications, you must immediately cease using the Site. For this reason, you should frequently review these Terms of Use, our Guidelines and Rules and any other applicable policies, including their dates, to understand the terms and conditions that apply to your use of the Site.

Your use of any Kalas product is subject to all agreements including the Terms of Use and Conditions.

Online Purchases

In order to make purchases through the site, the buyer will be requested to register and provide personal details. In particular, buyers must provide their real name, phone number, e-mail address and other requested information as indicated.

When ordering items, the buyer will be required to provide payment details and you represent and warrant that the payment details you provide on ordering are both valid and correct and you confirm that you are the person referred to in the billing information provided.

When an order is made online, the order confirmation issued by the company clearing the credit/debit card payment does not constitute acceptance of your order by us. We reserve the right to check any discrepancies and an order will only be processed when it is verified by us to be accurate and within the guidelines set forth in these terms.

All orders are subject to acceptance and availability. We reserve the right, with or without notice, to cancel or reduce the quantity of any order to be filled or products to be provided to you by Kalas in its sole discretion. Any error in the ordering process due to technical or other reasons beyond the seller’s control entitles us not to treat the order as being binding on us.

Purchases made on the site are for the personal or gift use of the buyer only and are not to be used for resale.

Some products offered on the Site may ship from third parties and are subject to the third parties terms and conditions.

Kalas makes every effort to accurately display the colors of packaging and products, however, actual colors you see when your products arrive may vary because the colors shown on this Site are computer simulations or photographs of the Kalas products.

Given the popularity of our products, and except where prohibited by law, We may limit the number available for purchase, so that as many clients as possible may enjoy our merchandise.

Order Processing

Once an order has been placed, the buyer will receive an email acknowledging the details of the order. This email is NOT an acceptance of the order. Unless the buyer cancels the order in accordance with the seller’s Cancellation Policy, acceptance of the order and completion of the contract between buyer and seller will be completed when we dispatch the goods to you.

The sale contract is concluded in the USA and the language of the contract is English. The contract will be subject to these terms and conditions and governed by US law and the buyer agrees to submit to the non-exclusive jurisdiction of the United States Courts in respect to any dispute that may arise under it.

The seller reserves the right not to accept the buyer’s order in the event, for example, that we are unable to obtain authorization for payment or that the item ordered is out of stock.

By using the Site, you agree to represent that you are 18 years old or older and that any purchases of accessories that you make based on are intended for use with tobacco and legal herbs only. Kalas products are for sale strictly to individuals 18 years of age and over. Misrepresentation of a buyer’s age is not the responsibility of the seller.

Kalas products are not intended for illegal purposes, included but not limited to the consumption of narcotics, or other illicit substances (collectively “foreign combustibles”).  The use of foreign combustibles or other unintended materials may result in damage to the contents of the product or degradation of the materials within the product.  Any warranty, express or implied, shall be voided by improper use.  By opening the packaging, you confirm your acceptance of the Terms of Use.  

Pricing

Prices shown on the site are in U.S. Dollars (USD). All prices and offers remain valid and as advertised from time to time. We may review sales and purchases for signs of mathematical errors or digital pricing errors, which may result in automatic cancellation of your invoice or sale. If your transaction is cancelled in error, please contact us and we may reinstate your purchase, in our sole discretion.

If the buyer is from outside of the United States, the buyer may also incur duties levied by the jurisdiction to which you have specified delivery. International shipments may be subject to import duties and taxes upon arrival in the destination country. These duties and taxes are the responsibility of the customer. Furthermore, a buyer from outside the U.S. may also be subject to higher postage and packaging costs. The seller reserves the right to request additional shipping fees prior to the Goods being dispatched, and to not accept the order should the buyer not fulfill the seller’s requests to pay additional postage and packaging fees.

Payments

Payment for Goods and for the cost of packaging and delivery where applicable must be made before the Goods are dispatched.

Payment can be made by Paypal, Visa, Mastercard, Discover, or American Express. In all cases, delivery will not occur until we are satisfied the payment has cleared.

If the issuer of the buyer’s payment option refuses to authorize payment to the seller, we will not be liable for any delay or non-delivery.

All credit card transactions on this site are processed using a secure online payment platform that encrypts your card and/or banking details in a secure host environment. The seller does not hold any credit card details on our site or in our customer database.

Delivery

The seller will give the buyer an estimated delivery date for the goods, but no such estimated times or dates provided by the seller are guaranteed. USPS delivery times are never guaranteed. Orders may take up to 2 business days for processing and fulfillment from when the order is placed, and cutoff time for possible same day shipping is 12:00 PM EST.

International orders can be subject to holds and clearance delays due to international customs. These delays can not be predicted or altered in any way.

The seller will arrange for packing according to the method of delivery chosen by the buyer during the checkout process.

Should the buyer choose USPS as a method of shipping, responsibility for the purchased goods passes to the buyer at the time USPS takes possession of the good.

Should the buyer choose UPS or FEDEX as a method of shipping, the responsibility for the purchased goods passes to the buyer when the shipper records “DELIVERED” in their respective tracking information.

FEDEX and UPS do not provide delivery service to PO Boxes. If you are having an order shipped to a PO Box please select USPS, so that the package is not delayed and/or returned.

The buyer must check the goods immediately upon delivery and contact the seller if there are any problems with the goods. The buyer must notify the seller within 24 hours of delivery to ensure prompt attention as completed orders are filed away daily. In the case that the goods have been damaged in transit, the buyer must keep all packaging, as this may be required when making a claim.

The seller will not be liable for any loss, damages or penalty resulting from delay in delivery of the goods when such delay is due to causes beyond the reasonable control of the seller, including without limitation, supplier delay, force majeure, act of God, labor unrest, or fire. In any such event, the delivery date will be deemed extended for a period equal to the delay.

Cancellation, Return & Exchange

The seller’s primary objective is to ensure that the buyer is fully satisfied with their purchase. If for any reason, the buyer is not satisfied with the goods purchased from our website, the buyer has a right to return the product (within 7 working days from the date that product is received) for an exchange or a store credit that could be used for future purchases. No refunds will be issued. The buyer need not give any reason. The notice of exchange or return has to be made in writing by email to: hello@kalasware.com. In the event of a return or exchange, we may require that you return the goods to us at your own cost.  

In order to help with the return of your order, you must open a ticket with our Customer Service department by emailing hello@kalasware.com within the cancellation period.

Our return address is detailed on your original invoice. Failure to obtain an RA does not affect your legal, consumer rights.

The buyer must take reasonable care of all goods in their possession and return them to us, with their original packaging, in new condition, within 7 business days from the date the RA number was issued.

In order to qualify for exchange/store credit, the goods or packaging may not have been used or damaged, and the goods must be returned in their original packaging, and accompanied by all items comprising the product.

If an item is sent back in an open or used state, a restocking fee of up to 50% may be applied at the discretion of the returns department.

Registration

In order to shop on the seller’s site all users must be registered. The details provided are saved in our database in order to process the order and to facilitate and speed up future purchases. Please see our Privacy Policy for more details regarding how Kalas manages this information.

Opt-In Opt-Out Policy

Users of this site may access, amend or delete any data filled in on the registration form at any time; either in writing, or via email at hello@kalasware.com.

The seller may from time to time contact you by email with information on new products; special discounts or other information we believe may be of interest to you. Any email we send will contain an easy unsubscribe link from all future mailings.

Our Liability

The website is accessed and used at your own risk. Although reasonable efforts have been made to ensure that all details on the website are current and contains no inaccuracies or errors, no guarantees are made that the website’s content will be error free, accurate and current at all times.

Responsibility For Your Content

You are solely responsible for all content that you upload, post, email or otherwise transmit via or to the Site including the submission of product ratings and reviews and all other data, profile information, photographs, messages, forum postings, comments, questions, answers or other materials (collectively, “Content”). We will not accept Content from you unless you are a registered user of the Site.

Disclaimer

YOU AGREE THAT YOUR USE OF THIS SITE WILL BE AT YOUR SOLE RISK. THE INFORMATION FROM OR THROUGH THE SITE IS PROVIDED “AS IS,” “AS AVAILABLE.” TO THE FULLEST EXTENT PERMITTED BY LAW, KALAS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE) IN CONNECTION WITH THIS SITE AND YOUR USE THEREOF.

WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE OPERATION OF THE SITE, THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS, INCLUDED ON THE SITE. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL SUCH REPRESENTATIONS AND WARRANTIES, INCLUDING FOR EXAMPLE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN ADDITION, KALAS DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THE SITE IS ACCURATE, COMPLETE OR CURRENT. PRICE AND AVAILABILITY INFORMATION IS SUBJECT TO CHANGE WITHOUT NOTICE.

ALL MATERIAL AND INFORMATION PRESENTED BY KALAS IS INTENDED TO BE USED FOR PERSONAL EDUCATIONAL OR INFORMATIONAL PURPOSES ONLY. THE STATEMENTS MADE ABOUT PRODUCTS HAVE NOT BEEN EVALUATED BY THE U.S. FOOD AND DRUG ADMINISTRATION AND THE RESULTS REPORTED, IF ANY, MAY NOT NECESSARILY OCCUR IN ALL INDIVIDUALS. ALL PRODUCTS SHOULD BE USED STRICTLY IN ACCORDANCE WITH THEIR INSTRUCTIONS, PRECAUTIONS AND GUIDELINES. YOU SHOULD ALWAYS CHECK THE INGREDIENTS FOR PRODUCTS TO AVOID POTENTIAL ALLERGIC REACTIONS. USE OF THE SITE IS NOT MEANT TO SERVE AS A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE: THE SITE IS SOLELY ONLINE STORES FOR SPECIALTY BODY CARE PRODUCTS [AND ACCESSORIES]. PLEASE CONSULT WITH YOUR OWN PHYSICIAN OR HEALTH CARE PRACTITIONER REGARDING THE USE OF ANY GOODS, PRODUCTS OR INFORMATION RECEIVED FROM THE SITE BEFORE USING OR RELYING ON THEM. YOUR PHYSICIAN OR HEALTH CARE PRACTITIONER SHOULD ADDRESS ANY AND ALL MEDICAL QUESTIONS, CONCERNS AND DECISIONS REGARDING THE POSSIBLE TREATMENT OF ANY MEDICAL CONDITION. WE DO NOT GIVE OR INTEND TO GIVE ANY ANSWERS TO MEDICAL RELATED QUESTIONS.

KALAS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SITE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, LOSS OF DATA, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES

Indemnification

You agree to defend, indemnify and hold harmless Kalas (and its officers, directors, agents, subsidiaries, joint ventures, employees and third-party service providers), from all claims, demands, losses, liabilities, costs, expenses, obligations and damages of every kind and nature, known and unknown, including reasonable legal fees, arising out of (a) your use of and access to the Site; (b) your violation of any term of these Terms of Use; (c) a breach of your representations and warranties set forth above regarding Content; (d) your violation of any law or the rights of a third party (including, without limitation, any copyright, property or privacy right); or (e) any claim that any Content you submitted caused damage to a third party. This indemnification obligation will survive the termination of these Terms of Use and your use of the Site.

The Site is created and controlled by Kalas in the State of California. California laws will govern these Terms of Use, without giving effect to any principles of conflicts of laws.

Fraud Protection Program

As part of our order processing procedures, we screen all received orders for fraud or other types of unauthorized or illegal activity. We reserve the right to refuse to process an order due to suspected fraud or unauthorized or illegal activity. If such is the case, we may reject your order or our customer service department may call you at the phone number you provided (or use your email address) to confirm your order. We also reserve the right to cancel any accounts or refuse to ship to certain addresses due to suspected fraud or unauthorized or illegal activity. We take these measures to protect our customers as well as ourselves from fraud or other unauthorized or illegal activity.

If you believe that your work has been copied and posted on this Site in a way that constitutes copyright infringement, please provide our legal department with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the Site; (iv) your address, telephone number, and email address; (v) your written statement that you have a good faith belief that the arguable use is not authorized by the copyright owner, its agent, or the law; (vi) your statement, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Our legal department can be contacted as follows: Legal Department, Kalas LLC, 58 WEST PORTAL AVE. #271 SAN FRANCISCO CA 94127; Attn: Legal Department; and email: hello@kalasware.com

General

These Terms of Use shall be governed by and construed in accordance with the laws of the State of California (without regard to conflict of law principles). Any claim or dispute between you and Kalas that arises in whole or in part from the Site shall be decided exclusively by a court of competent jurisdiction located in the state or federal courts located in San Francisco, CA. You expressly submit to the exclusive jurisdiction of said courts, and consent to extraterritorial service of process. Should any part of these Terms of Use be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with this Site is in conflict or inconsistent with these Terms of Use, these Terms of Use shall take precedence. Our failure to enforce any provision of these Terms of Use shall not be deemed a waiver of such provision nor of the right to enforce such provision. No waiver of any term of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and Kalas’ failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision. It is the express wish of the parties that these Terms of Use and all related documents be drawn up in English.

TO THE EXTENT PERMITTED BY APPLICABLE LAWS, YOU AND KALAS AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

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Made with Love
in California.

Stay Lifted.

ENTER YOUR EMAIL TO RECEIVE UPDATES
AND SPECIAL OFFERS FROM KALAS

Made with Love
in California.