Servicevilkår

OVERVIEW

Welcome to Kopalim.com! The terms “we”, “us” and “our” refer to Kopalim LLC. Kopalim LLC operates this store and website, including all related information, content, features, tools, products and services in order to provide you, the customer, with a curated shopping experience (the “Services”). Kopalim.com is powered by Shopify, which enables us to provide the Services to you.

 

The below terms and conditions, together with any policies referenced herein (these “Terms of Service” or “Terms”) describe your rights and responsibilities when you use the Services.

Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability.

By visiting, interacting with or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy at Privacy Policy. If you do not agree to these Terms of Service or Privacy Policy, you should not use or access our Services.

SECTION 1 - ACCESS AND ACCOUNT

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, and you have given us your consent to allow any of your minor dependents to use the Services on devices you own, purchase or manage.

To use the Services, including accessing or browsing our online store or purchasing any of the products or services we offer, you may be asked to provide certain information, such as your email address, billing, payment, and shipping information. You represent and warrant that all the information you provide in our store is correct, current and complete and that you have all rights necessary to provide this information.

You are solely responsible for maintaining the security of your account credentials and for all of your account activity. You may not transfer, sell, assign, or license your account to any other person.

SECTION 2 - OUR PRODUCTS

We have made every effort to provide an accurate representation of our products and services in our online store. However, please note that colors or product appearance may differ from how they may appear on your screen due to the type of device you use to access the store and your device settings and configuration.

We do not warrant that the appearance or quality of any products or services purchased by you will meet your expectations or be the same as depicted or rendered in our online store.

All descriptions of products are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue any product at any time and may limit the quantities of any products that we offer to any person, geographic region or jurisdiction, on a case-by-case basis.

SECTION 3 - ORDERS

When you place an order, you are making an offer to purchase. Kopalim LLC reserves the right to accept or decline your order for any reason at its discretion. Your order is not accepted until Kopalim LLC confirms acceptance. We must receive and process your payment before your order is accepted.

Please review your order carefully before submitting, as Kopalim LLC may be unable to accommodate cancellation requests after an order is accepted. In the event that we do not accept, make a change to, or cancel an order, we will attempt to notify you by contacting the email, billing address, and/or phone number provided at the time the order was made.

Your purchases are subject to return or exchange solely in accordance with our Refund Policy.

You represent and warrant that your purchases are for your own personal or household use and not for commercial resale or export.

SECTION 4 - PRICES AND BILLING

Prices, discounts and promotions are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Unless otherwise expressly stated, posted prices do not include taxes, shipping, handling, customs or import charges.

Prices posted in our online store may be different from prices offered in physical stores or in online or other stores operated by third parties. We may offer, from time to time, promotions on the Services that may affect pricing and that are governed by terms and conditions separate from these Terms. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern.

You agree to provide current, complete and accurate purchase, payment and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address, credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

You represent and warrant that (i) the credit card information you provide is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any.

SECTION 5 - SHIPPING AND DELIVERY

We are not liable for shipping and delivery delays. All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by shipping carriers, customs processing, or events outside our control. Once we transfer products to the carrier, title and risk of loss passes to you, subject to applicable law.

SECTION 6 - INTELLECTUAL PROPERTY

Our Services, including but not limited to all trademarks, brands, text, displays, images, graphics, product reviews, video, and audio, and the design, selection, and arrangement thereof, are owned by Kopalim LLC, its affiliates or licensors and are protected by applicable U.S. and foreign intellectual property laws.

These Terms permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any material from the Services without our prior written consent.

Except as expressly provided herein, nothing in these Terms grants or shall be construed as granting a license or other rights to you under any patent, trademark, copyright or other intellectual property of Kopalim LLC, Shopify or any third party. All rights not expressly granted herein are reserved by Kopalim LLC.

Kopalim's names, logos, product and service names, designs, and slogans are trademarks of Kopalim LLC or its affiliates or licensors where applicable. You must not use such trademarks without our prior written permission. Shopify's name, logo, product and service names, designs and slogans are trademarks of Shopify. All other names, logos, product and service names, designs and slogans are trademarks of their respective owners.

SECTION 7 - OPTIONAL TOOLS

You may be provided with access to customer tools offered by third parties as part of the Services, which we neither monitor nor have any control or input over.

You acknowledge and agree that we provide access to such tools “as is” and “as available” without warranties, representations or conditions of any kind and without endorsement. We shall have no liability arising from or relating to your use of optional third-party tools to the fullest extent permitted by applicable law.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion, and you should ensure that you are familiar with and approve the terms on which tools are provided by the relevant third-party provider(s).

We may also offer new features through the Services in the future. Such new features shall be deemed part of the Services and subject to these Terms of Service.

SECTION 8 - THIRD-PARTY LINKS

The Services may contain materials and hyperlinks to websites provided or operated by third parties, including embedded third-party functionality. We are not responsible for examining or evaluating the content or accuracy of third-party materials or websites you choose to access.

If you decide to leave the Services to access these materials or third-party sites, you do so at your own risk.

We are not liable for harm or damages related to your access to third-party websites or your purchase or use of products, services, resources or content on third-party websites, to the fullest extent permitted by applicable law.

Please carefully review third parties' policies and practices before engaging in transactions with them. Complaints, claims, concerns or questions regarding third-party products and services should be directed to the applicable third party.

SECTION 9 - RELATIONSHIP WITH SHOPIFY

Kopalim.com is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make through our Store are made directly with Kopalim LLC.

By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of sales between you and Kopalim LLC, including any injury, damage or loss resulting from purchased products and services.

To the extent permitted by applicable law, you release Shopify and its affiliates from claims, damages and liabilities arising from or related to your purchases and transactions with Kopalim LLC.

SECTION 10 - PRIVACY POLICY

All personal information we collect through the Services is subject to our Privacy Policy, available at Kopalim.com/policies/privacy-policy. Certain personal information may also be subject to Shopify's Privacy Policy. By using the Services, you acknowledge that you have read these privacy policies.

Because the Services are hosted by Shopify, Shopify may collect and process personal information relating to your access to and use of the Services in order to provide and improve the Services.

Information you submit to the Services may be transmitted to and shared with Shopify and other service providers, including parties located outside the country in which you reside, subject to applicable privacy and data protection laws.

Please review our Privacy Policy for more information about how personal information is collected, used, disclosed and otherwise processed.

SECTION 11 - FEEDBACK

If you submit, upload, post, email or otherwise transmit any ideas, suggestions, feedback, reviews, proposals, plans or other content (“Feedback”), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute and display such Feedback in any medium for any purpose, including commercial purposes, to the extent permitted by applicable law.

You represent and warrant that: (i) you own or have all necessary rights to the Feedback; (ii) you have disclosed any compensation or incentives received in connection with your Feedback where required; and (iii) your Feedback complies with these Terms.

We may monitor, edit or remove Feedback that we determine, in our discretion, violates applicable law, third-party rights or these Terms.

You agree that your Feedback will not violate any third-party right, including copyright, trademark, privacy, personality or other personal or proprietary rights, and will not contain unlawful, abusive or obscene material, viruses or other malicious software.

You are solely responsible for the Feedback you submit and its accuracy.

SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally, information available through the Services may contain typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, offers, shipping charges, transit times or availability.

We reserve the right to correct errors, inaccuracies or omissions and to change or update information or cancel orders if information is inaccurate, including after you have submitted an order, subject to applicable law.

SECTION 13 - PROHIBITED USES

You may access and use the Services for lawful purposes only. You may not use the Services directly or indirectly to:

(a) engage in unlawful or malicious activity;
(b) violate applicable laws or regulations;
(c) infringe our intellectual property rights or those of others;
(d) harass, abuse, threaten, defame or harm another person;
(e) transmit false or misleading information;
(f) transmit material that violates these Terms;
(g) distribute spam, junk mail or unauthorized advertising;
(h) impersonate another person or entity; or
(i) engage in conduct that interferes with another person's use of the Services or could expose Kopalim LLC, Shopify or other users to liability.

You also agree not to upload or transmit viruses or malicious code; reproduce, duplicate, copy, sell, resell or exploit unauthorized portions of the Services; unlawfully collect personal information; spam, phish, pharm, pretext, spider, crawl or scrape the Services; or circumvent security features of the Services.

We reserve the right to suspend, disable or terminate access to the Services if we determine that these Terms have been violated, subject to applicable law.

SECTION 14 - TERMINATION

We may terminate this agreement or your access to the Services, or any portion thereof, in accordance with these Terms and applicable law. You will remain liable for amounts properly due up to and including the date of termination.

Provisions that by their nature should survive termination will continue to apply, including provisions relating to intellectual property, feedback, disclaimers, limitation of liability, indemnification, severability, governing law and other applicable provisions.

SECTION 15 - DISCLAIMER OF WARRANTIES

Information presented on or through the Services is made available for general informational purposes. We do not warrant its accuracy, completeness or usefulness except where required by applicable law.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, AND EXCEPT AS EXPRESSLY STATED BY KOPALIM LLC, THE SERVICES AND PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE AND NON-INFRINGEMENT.

WE DO NOT GUARANTEE THAT YOUR USE OF THE SERVICES WILL ALWAYS BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE.

SOME JURISDICTIONS DO NOT ALLOW CERTAIN WARRANTY EXCLUSIONS, SO SOME OF THESE EXCLUSIONS MAY NOT APPLY TO YOU.

SECTION 16 - LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, KOPALIM LLC AND ITS PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS AND LICENSORS SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA OR REPLACEMENT COSTS, ARISING FROM OR RELATED TO YOUR USE OF THE SERVICES OR PRODUCTS PROCURED THROUGH THE SERVICES.

NOTHING IN THESE TERMS EXCLUDES OR LIMITS LIABILITY THAT CANNOT LAWFULLY BE EXCLUDED OR LIMITED.

SECTION 17 - INDEMNIFICATION

To the extent permitted by applicable law, you agree to indemnify, defend and hold harmless Kopalim LLC, Shopify and our respective affiliates, partners, officers, directors, employees, agents, contractors, licensors and service providers from losses, damages, liabilities or claims, including reasonable attorneys' fees, arising from:

1. your breach of these Terms of Service or documents incorporated by reference;
2. your violation of applicable law or the rights of a third party; or
3. your misuse of the Services.

We will provide notice of an indemnifiable claim where appropriate. You agree to reasonably cooperate in the defense of such claims, including by providing relevant documents and information.

SECTION 18 - SEVERABILITY

If any provision of these Terms of Service is determined to be unlawful, void or unenforceable, that provision shall be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms.

Such determination shall not affect the validity and enforceability of the remaining provisions.

SECTION 19 - WAIVER; ENTIRE AGREEMENT

Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of that right or provision.

These Terms of Service and any policies or operating rules posted by us relating to the Services constitute the entire agreement and understanding between you and us regarding your use of the Services and supersede prior or contemporaneous agreements and communications concerning the Services.

Any ambiguities in the interpretation of these Terms shall not automatically be construed against the drafting party, except where applicable law requires otherwise.

SECTION 20 - ASSIGNMENT

You may not delegate, transfer or assign these Terms or your rights or obligations under them without our prior written consent, except where applicable law provides otherwise.

We may transfer, assign or delegate these Terms and our rights and obligations in connection with a merger, acquisition, corporate restructuring, sale of assets or otherwise as permitted by applicable law.

SECTION 21 - GOVERNING LAW

These Terms of Service and any separate agreements through which we provide Services shall be governed by and construed in accordance with the applicable laws of the State of Delaware, United States, without regard to conflict-of-law principles, except where mandatory consumer protection laws in your jurisdiction provide otherwise.

To the extent permitted by applicable law, disputes arising out of or relating to these Terms or the Services shall be subject to the jurisdiction of the appropriate state or federal courts serving Delaware, United States.

SECTION 22 - HEADINGS

The headings used in these Terms are included for convenience only and will not limit or otherwise affect the interpretation of these Terms.

SECTION 23 - CHANGES TO TERMS OF SERVICE

You can review the most current version of these Terms of Service at any time on this page.

We reserve the right, in our discretion, to update, change or replace portions of these Terms by posting updates and changes to our website.

Where required by applicable law, we will notify you of material changes. Changes will become effective on the date specified in the applicable notice or when posted where legally permitted.

Your continued use of the Services following changes to these Terms constitutes acceptance of those changes to the extent permitted by applicable law.

SECTION 24 - CONTACT INFORMATION

Questions about these Terms of Service should be sent to us at Contact@kopalim.com.

Our business contact information is:

Store Name: Kopalim.com
Company Name: Kopalim LLC
Email: Contact@kopalim.com
Phone: +1 917 814 3253
Business Address: 254 Chapman Road, Suite 208, #27994, Newark, DE 19702, USA
Customer Service Opening Hours: Monday to Friday from 09:00 to 17:00