Terms of service

OVERVIEW
Welcome to Kala Nea! The terms "we" and "our" refer to Kala Nea. Kala Nea operates this store and website, including the information, content, features, tools, products, and services, in order to provide you, the customer, with an appropriate shopping experience (the "Services"). Kala Nea is powered by Shopify, which allows us to provide the Services to you.

The following terms and conditions, along with any policies contained therein ("Terms of Service" or "Terms"), describe your rights and responsibilities when using the Services.

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

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

SECTION 1 – ACCESS AND ACCOUNT
By accepting these Terms of Service, you represent that you are of legal age in the state or province in which you reside and that you have provided consent to allow minors connected to you to use the Services on devices you own or manage.

To use the Services, including accessing or browsing online stores or purchasing products and services we offer, you may need to provide certain information such as email address and billing, payment, and shipping information. You represent and warrant that all information you provide in our stores is accurate, up-to-date, and complete, and that you have all rights necessary to provide such information.

You are responsible for the activity on your account and for safeguarding your account credentials. You must not transfer, sell, assign, or license your account to others.

SECTION 2 – OUR PRODUCTS
We strive to provide an accurate representation of our products and services in our online stores. However, the display of colors and appearance of products may vary depending on the device you use to access the store and its settings and configuration.

We cannot guarantee that the appearance or quality of the products or services you purchase will meet your expectations or be identical to what is described or shown in our online stores.

All product descriptions are subject to change at any time without notice and at our discretion. We reserve the right to discontinue any product at any time and to limit the quantities of products offered for any person, geographic area, or jurisdiction.

SECTION 3 – ORDERS
When you place an order, you are making an offer to purchase. Kala Nea reserves the right to accept or reject your order at our discretion for any reason. Your order is not confirmed until Kala Nea confirms acceptance. Before accepting an order, we must receive and process payment. Please check your order carefully before submitting, as Kala Nea may not be able to accommodate cancellation requests after order acceptance. If an order is rejected, modified, or canceled, we will notify you by contacting you via the email, billing address, and/or phone number you provided at the time of order submission.

Your purchases are eligible for return or exchange only in accordance with our Return and Refund Policy.

You represent and warrant that you are purchasing for personal or family use and not for resale or export.

SECTION 4 – PRICES AND BILLING
Prices, discounts, and offers are subject to change without notice. The price charged for a product or service will be the actual price at the time the order is submitted and will be visible in your order confirmation email. Unless otherwise specified, posted prices do not include taxes or customs fees, shipping, handling, or import charges.

Prices posted in our online stores may differ from prices offered in physical stores or online stores operated by third parties. From time to time, we may offer promotions that affect prices, which are subject to separate terms and conditions. In the event of a conflict between the terms of a promotion and these Terms, the promotion terms will prevail.

For all purchases made in our stores, you agree to provide accurate, up-to-date, and complete purchase, payment, and account information. You agree to promptly update your account and other information, including email address and credit card numbers and expiration dates, so we can complete your transactions and contact you if necessary.

You represent and warrant that (i) the credit card information you provide is truthful, accurate, and complete, (ii) you are authorized to use the credit card for purchases, (iii) the charges will be honored by the credit card company, and (iv) you will pay the charges according to the published prices, including taxes, shipping, and handling, and all other applicable taxes.

SECTION 5 – SHIPPING AND DELIVERY
We are not responsible for shipping or delivery delays. All delivery times are estimates only and are not guaranteed. We are not responsible for delays due to shipping carriers, customs procedures, or events beyond our control. Once products are transferred to the carrier, ownership and risk of loss pass to you.

SECTION 6 – INTELLECTUAL PROPERTY
Our Services, including but not limited to trademarks, branding, text, visuals, images, graphics, product reviews, videos, and audio, as well as their design, selection, and arrangement, are owned by Kala Nea, its affiliates, or licensors and are protected by U.S. and foreign patent, copyright, and intellectual property laws.

These Terms allow you to use the Services for personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works, publicly display or present, republish, download, store, or transmit materials related to the Services without our written consent. Except as expressly stated, these Terms do not grant or imply any license or other rights to you in patents, trademarks, copyrights, or other intellectual property of Kala Nea, Shopify, or third parties. Unauthorized use of the Services may result in violations of federal and state intellectual property laws. All rights not expressly granted herein are reserved by Kala Nea.

The names, logos, product and service names, designs, and slogans of Kala Nea are trademarks of Kala Nea or its affiliates or licensors. You must not use these trademarks without written permission from Kala Nea. 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 appearing in the Services are trademarks of their respective owners.

SECTION 7 – OPTIONAL TOOLS
You may have access to customer tools offered by third parties as part of the Services, which we do not verify, control, or endorse.

You understand and agree that access to such tools is provided "as is" and "as available," without any warranties, representations, or conditions and without any support. We are not responsible for any use of third-party optional tools.

Your use of optional tools provided through the site is at your own risk and discretion, and you must comply with the terms set by the relevant third-party providers.

We may introduce new features through the Services (including the launch of new tools and resources). Such new features will be considered part of the Services and are subject to these Terms of Service.

SECTION 8 – THIRD-PARTY LINKS
The Services may contain material and hyperlinks to websites provided or operated by third parties (including embedded third-party features). We are not responsible for reviewing or evaluating the content or accuracy of materials or third-party websites you choose to access. If you choose to leave the Services to access such materials or third-party sites, you do so at your own risk.

We are not responsible for any issues 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. Please read and understand the policies and practices of third parties before completing any transaction. Any complaints, concerns, or questions regarding third-party products and services should be directed to the relevant third parties.

SECTION 9 – RELATIONSHIP WITH SHOPIFY
OVERVIEW
Welcome to Kala Nea! The terms "we" and "our" refer to Kala Nea. Kala Nea operates this store and website, including the information, content, features, tools, products, and services, in order to provide you, the customer, with an appropriate shopping experience (the "Services"). Kala Nea is powered by Shopify, which allows us to provide the Services to you.

The following terms and conditions, along with any policies contained therein ("Terms of Service" or "Terms"), describe your rights and responsibilities when using the Services.

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

SECTION 1 – ACCESS AND ACCOUNT
By accepting these Terms of Service, you represent that you are of legal age in the state or province in which you reside, and that you have provided consent to allow minors associated with you to use the Services on devices you own, manage, or have purchased.

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

You are responsible for all activity on your account and for safeguarding your account credentials. You must not transfer, sell, assign, or license your account to any other person.

SECTION 2 – OUR PRODUCTS
We strive to provide an accurate representation of our products and services in our online stores. However, the display of colors and product appearance may vary depending on the device you use to access the store, as well as its settings and configuration.

We cannot guarantee that the appearance or quality of the products or services you purchase will meet your expectations or be identical to what is described or displayed in our online stores.

All product descriptions are subject to change at any time, without notice, and at our discretion. We reserve the right to discontinue any product at any time and to limit the quantities of products offered for any person, geographic area, or jurisdiction.

SECTION 3 – ORDERS
When you place an order, you are making an offer to purchase. Kala Nea reserves the right to accept or reject your order at our discretion for any reason. Your order is not confirmed until Kala Nea confirms acceptance. Before accepting an order, we must receive and process payment. Please carefully review your order before submission, as Kala Nea may not be able to accommodate cancellation requests after acceptance.

If an order is rejected, modified, or canceled, we will notify you via the email, billing address, and/or phone number you provided at the time of order submission.

Your purchases are eligible for return or exchange only in accordance with our Refund Policy.

You represent and warrant that you are purchasing for personal or family use and not for resale or export.

SECTION 4 – PRICES AND BILLING
Prices, discounts, and offers are subject to change without notice. The price charged for a product or service will be the actual price at the time of order submission, which you can view in your order confirmation email. Unless otherwise specified, posted prices do not include taxes, customs fees, shipping, handling, or import charges.

Prices posted in our online stores may differ from prices offered in physical stores, online stores, or stores operated by third parties. From time to time, we may offer promotions that affect pricing, which are subject to separate terms and conditions. In the event of a conflict between a promotion’s terms and these Terms, the promotion’s terms will prevail.

For all purchases made in our stores, you agree to provide accurate, current, and complete purchase, payment, and account information. You agree to promptly update your account and other information, including email address and credit card numbers and expiration dates, to allow us to complete your transactions and contact you if necessary.

You represent and warrant that (i) the credit card information you provide is truthful, accurate, and complete, (ii) you are authorized to use the credit card for purchases, (iii) charges will be honored by the credit card company, and (iv) you will pay the charges according to the published prices, including taxes, shipping, handling, and all other applicable fees.

SECTION 5 – SHIPPING AND DELIVERY
We are not responsible for shipping or delivery delays. All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by shipping carriers, customs procedures, or events beyond our control. Once products are transferred to the carrier, ownership and risk of loss pass to you.

These Terms allow you to use the Services for personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works, publicly display or perform, republish, download, store, or transmit materials related to the Services without our written consent. Except as expressly stated, these Terms do not grant or imply any license or other rights to you in patents, trademarks, copyrights, or other intellectual property of Kala Nea, Shopify, or third parties. Unauthorized use of the Services may result in violations of federal and state intellectual property laws. All rights not expressly granted herein are reserved by Kala Nea.

SECTION 7 – OPTIONAL TOOLS
You may have access to customer tools offered by third parties as part of the Services, which we do not verify, control, or endorse.

Your use of optional tools provided through the site is at your own risk and discretion, and you must comply with the terms set by the relevant third-party providers.

We are not responsible for any issues 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. Please carefully review and understand the policies and practices of any third party before completing any transaction. Any complaints, concerns, or questions regarding third-party products and services should be directed to the relevant third parties.

SECTION 9 – RELATIONSHIP WITH SHOPIFY
Kala Nea is powered by Shopify, which allows us to provide the Services. However, sales and purchases you make in our Store occur directly with Kala Nea. By using the Services, you understand and agree that Shopify is not responsible for any aspect of sales between you and Kala Nea, including any injury, damage, or loss resulting from the purchase of products or services. You expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to purchases and transactions you make with Kala Nea.

As a provider of the Services, Shopify collects and processes personal data regarding your access and use of the Services in order to provide and improve the Services for you. To provide and improve the Services for you, the data you submit to the Services may be transmitted and shared with Shopify and third parties that may be located in countries different from yours. See our Privacy Policy for more information on how we, Shopify, and our partners use your personal data.

SECTION 11 – FEEDBACK
When you submit, upload, post, email, or otherwise transmit any idea, suggestion, feedback, review, proposal, plan, or other content (generally, “Feedback”), you grant us a perpetual, worldwide, transferable, royalty-free license to use, reproduce, modify, publish, distribute, and display such Feedback in any medium for any purpose, including commercial purposes. For example, we may exercise our rights under this license to manage, provide, evaluate, improve, enhance, and promote the Services, or to perform our obligations and exercise our rights as set forth in the Terms of Service.

You also represent and agree that: (i) you own the necessary rights to all Feedback; (ii) you have disclosed any rewards or incentives received for submitting Feedback; and (iii) your Feedback complies with these Terms. We are not and shall not be obligated to (1) keep your Feedback confidential; (2) pay you for your Feedback; or (3) respond to your Feedback.

Although not obligated, we may monitor, modify, or remove Feedback that, in our discretion, is illegal, offensive, threatening, defamatory, pornographic, obscene, or otherwise objectionable, or that violates intellectual property or these Terms of Service.

You confirm that your Feedback will not violate the rights of any third party, including copyrights, trademarks, privacy, publicity, or other personal or proprietary rights. You also confirm that your Feedback will not include defamatory, illegal, offensive, or obscene content, nor contain viruses or other computer malware that may affect the operation of the Services or any connected website. You must not use a false email address, impersonate someone else, or mislead us or third parties regarding the origin of your Feedback. Your Feedback and its accuracy are solely your responsibility. We assume no liability for Feedback posted by you or by third parties.

SECTION 12 – ERRORS, INACCURACIES, AND OMISSIONS
It may happen that information related to the Services or included therein contains typos, inaccuracies, or omissions regarding product descriptions, prices, offers, promotions, shipping costs, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions and to modify or update information or cancel orders in case of errors at any time and without prior notice (even after an order has been placed).

SECTION 13 – PROHIBITED USES
You may access and use the Services only for lawful purposes. You may not access or use the Services, directly or indirectly, to: (a) engage in illegal or malicious activities; (b) violate local, provincial, state, federal, or international laws, rules, or regulations; (c) infringe or violate our intellectual property rights or those of others; (d) harass, oppress, insult, harm, defame, slander, denigrate, intimidate, or offend our employees or anyone else; (e) transmit false or misleading information; (f) send, receive, upload, download, use, or reuse material not in compliance with these Terms; (g) transmit or induce the sending of advertising or promotional material, including "junk emails," "chain letters," "spam," or similar solicitations; (h) impersonate or attempt to impersonate another person or entity; (i) engage in any other behavior that prevents or inhibits the use or access of the Services by others, or that we deem dangerous for Kala Nea, Shopify, or the users of the Services, or exposes them to liability.

Additionally, you agree not to: (a) upload or transmit viruses or other types of malicious code that could disrupt the functioning or operation of the Services; (b) reproduce, duplicate, copy, sell, resell, or disclose any part of the Services; (c) collect or track the personal data of others; (d) engage in spamming, phishing, pharming, pretexting, spidering, crawling, or scraping; (e) interfere with or bypass the security features of the Services, related websites, other websites, or the internet. We reserve the right to suspend, disable, or terminate your account at any time without notice if we determine that you have violated any part of these Terms.

SECTION 14 – TERMINATION
We may terminate this agreement or interrupt your access to the Services (or any part thereof) at any time at our discretion and without notice; you will remain responsible for all amounts due up to the date of termination. The following sections will remain valid after termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranty, Limitation of Liability, Indemnification, Severability, Waiver, Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other clause that by its nature survives termination.

SECTION 15 – DISCLAIMER OF WARRANTIES
The information provided in or through the Services is made available solely for general informational purposes. We do not guarantee the accuracy, completeness, or usefulness of such information. You rely on such information at your own risk. We assume no responsibility for reliance on such materials by you, any visitor to the Services, or anyone else who may be aware of such content.

EXCEPT AS EXPRESSLY STATED BY Kala Nea, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THEM ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT ANY REPRESENTATIONS, WARRANTIES, OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, SERVICE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURATION, TITLE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. SOME JURISDICTIONS MAY LIMIT OR PROHIBIT THE DISCLAIMER OF IMPLIED WARRANTIES OR OTHER WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.

SECTION 16 – LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL Kala Nea, PARTNERS, OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, MERCHANTS, SERVICE PROVIDERS, OR OUR OR SHOPIFY LICENSORS AND THEIR AFFILIATES BE LIABLE FOR ANY INJURIES, LOSSES, CLAIMS, OR DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOST REVENUE, LOST EARNINGS, DATA LOSS, REPLACEMENT COSTS, OR OTHER SIMILAR DAMAGES ARISING FROM CONTRACTUAL, SPECIAL, TORTIOUS (INCLUDING NEGLIGENCE) LIABILITY, OR ARISING FROM YOUR USE OF THE SERVICES OR PRODUCTS OBTAINED THROUGH THE SERVICES; NOR FOR ANY OTHER CLAIMS RELATING TO YOUR USE OF THE SERVICES OR PRODUCTS, INCLUDING BUT NOT LIMITED TO ERRORS OR OMISSIONS IN CONTENT, OR ANY LOSSES OR DAMAGES OF ANY KIND RESULTING FROM THE USE OF SERVICES OR CONTENT (OR PRODUCTS) PUBLISHED, TRANSMITTED, OR MADE AVAILABLE IN ANY OTHER WAY THROUGH THE SERVICES, REGARDLESS OF NOTICE OF SUCH POSSIBILITY.

SECTION 17 – INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Kala Nea, Shopify, and our affiliates, partners, officers, directors, employees, agents, merchants, licensors, and service providers from any losses, damages, liabilities, or claims, including reasonable legal fees payable to any third party resulting from: (1) your violation of these Terms of Service or documents contained therein, (2) your violation of the laws or rights of third parties, (3) your access to or use of the Services.
We will notify you of indemnifiable claims, although failure to do so promptly does not relieve you of your obligations unless you are materially affected. We may control the defense and settlement of such claims at your expense, including the choice of counsel, but we will not settle claims requiring non-monetary obligations on your part without your consent (which will not be unreasonably withheld). You will cooperate in the defense of claims not settled, including providing relevant documents.

SECTION 18 – SEVERABILITY
If any provision of these Terms of Service is found to be illegal, void, or unenforceable, it will not apply to the extent permitted by applicable law, and the unenforceable part will be severed from these Terms of Service; such a decision will not affect the validity and enforceability of the remaining provisions.

SECTION 19 – WAIVER; ENTIRE AGREEMENT
The failure of Shopify to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service, together with any notices or operational rules published by us on this site or relating to the Services, constitute the entire agreement and understanding between you and us and govern your use of the Services, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including any previous version of the Terms of Service). Any ambiguities in interpreting these Terms of Service shall not be construed against the drafter.

SECTION 20 – ASSIGNMENT
You may not delegate, transfer, or assign this Agreement or any of your rights or obligations under these Terms without our written consent; any attempt shall be void and null. We may transfer, assign, or delegate these Terms and our rights and obligations without notice or your consent.

SECTION 21 – GOVERNING LAW
These Terms of Service and any separate agreements under which we provide you the Services shall be governed by and interpreted under the federal, state, or territorial courts in the jurisdiction where Kala Nea is based. You and Kala Nea agree to personal jurisdiction and venue in such courts.

SECTION 22 – TITLES
The titles used in this agreement are included for convenience only and do not limit or affect these Terms.

SECTION 23 – CHANGES TO THE TERMS OF SERVICE
You may review the current version of the Terms of Service at any time on this page.
We reserve the right, at our sole discretion, to update, modify, or replace any part of these Terms of Service by posting updates and changes on our website. It is your responsibility to periodically check for changes on our website. We will notify you of changes to any materials in these Terms in accordance with applicable laws, and such changes will be effective from the date indicated in the notice. Continued use or access to the Services after changes to the Terms of Service constitutes your acceptance of such changes.

SECTION 24 – CONTACT INFORMATION
Questions regarding the Terms of Service should be sent to info@kala-nea.com.
Our contact details are as follows:

Kala Nea
customer@kala-nea.com
Via Solferino 15, 25045 Castegnato BS, Italy
+39 335 5405412
VAT: 04722700988

Kala Nea is powered by Shopify, which allows us to provide the Services. However, sales and purchases you make in our Store are conducted directly with Kala Nea. By using the Services, you understand and agree that Shopify is not responsible for any aspect of the sales between you and Kala Nea, including any injuries, damages, or losses resulting from the purchase of products and services. You expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to purchases and transactions you make with Kala Nea.

SECTION 10 – PRIVACY POLICY
All personal data we collect through the Services is subject to our Privacy Policy, available here, and certain personal data may be subject to Shopify’s Privacy Policy, available here. By using the Services, you confirm that you have read these privacy policies.
Because it supports the Services, Shopify collects and processes personal data regarding your access and use of the Services to provide and improve the Services for you. To offer and improve the Services for you, the data you submit to the Services will be transmitted and shared with Shopify and third parties that may reside in countries different from yours. Please refer to our Privacy Policy for more information on how we, Shopify, and our partners use your personal data.

SECTION 11 – FEEDBACK
When you submit, upload, post, email, or otherwise transmit any ideas, suggestions, feedback, reviews, proposals, plans, or other content (generally “Feedback”), you grant us a perpetual, worldwide, transferable, and royalty-free license to use, reproduce, modify, publish, distribute, and display such Feedback through any medium for any purpose, including commercial purposes. For example, we may exercise our rights under this license to manage, provide, evaluate, improve, enhance, and promote the Services, and to perform our obligations and exercise our rights as outlined in the Terms of Service.
You also confirm and agree that: (i) you have all necessary rights to the Feedback; (ii) you have disclosed any rewards or incentives received for submitting Feedback; and (iii) your Feedback complies with these Terms. We are not and will not be obligated to: (1) keep your Feedback confidential; (2) pay you for your Feedback; (3) respond to your Feedback.
Although not obligated, we may monitor, edit, or remove Feedback that, in our discretion, is illegal, offensive, threatening, defamatory, pornographic, obscene, or otherwise objectionable, or violates intellectual property or these Terms.
You confirm that your Feedback will not infringe any rights of third parties, including copyright, trademark, privacy, personality, and other proprietary rights. You also confirm that your Feedback will not contain defamatory or otherwise illegal, offensive, or obscene content, nor will it contain viruses or other computer malware that may affect the operation of the Services or any connected website. You must not use a false email address, impersonate someone else, or mislead us or third parties about the origin of your Feedback. You are solely responsible for your Feedback and its accuracy. We assume no responsibility for Feedback posted by you or third parties.

Cart

Menu

Terms of service

Quick shop

Terms of service

Newsletter