www.komalcreates.com (“website”) is owned and operated by KOMAL.
The terms “KOMAL”, “we”, “us”, and “our”, when used in these Terms of Sale, mean KOMAL. The terms “you” and “your” when used in these Terms of Sale means any user who wishes to purchase a product from the website. If you are acting on behalf of a business, you confirm that you have authority from that business authorizing you to use their credit card and purchase from our website.
The term “Consumer” is used to denote any user of this website who purchases a product not in the course of business.
Agreement
Access to and use of this website and the information, materials, products, and services available through this website are subject to all applicable laws and regulations and to these Terms of Use. By accessing this website, you agree to these Terms of Use which form a legally binding agreement. If you do not agree, please exit this website. These Terms of Use may be changed by us from time to time without specific notice to you. The latest Terms of Use will be posted on the website, and you should always review these Terms of Use prior to using the website to ensure that you have a current understanding of the Terms of Use under which you are permitted to access this website. If you cannot access the Terms of Use via the Internet, we can provide a copy of the most recent Terms of Use by e-mail upon request. ACCESS TO THIS website (OR PORTIONS THEREOF) AND THE USE OF INFORMATION, MATERIALS, PRODUCTS, OR SERVICES PROVIDED THROUGH THIS website (OR PORTIONS THEREOF), IS NOT INTENDED AND IS PROHIBITED, WHERE SUCH ACCESS OR USE VIOLATES APPLICABLE LAWS OR REGULATIONS.
Minors
This website is a business and commercial website. As such, it is not intended for children or minors under the age of 18 years.
Product & Services Information
All references on this website to information, materials, products, and services apply to information, materials, products, and services available in the countries or jurisdictions specified with respect to such information only unless otherwise stated. Nothing on this website constitutes an offer to buy or sell our products or services in any jurisdiction.
Ownership
Unless otherwise indicated, this website and its design, text, content, selection, and arrangement of elements, organization, graphics, design, compilation, magnetic translation, digital conversion, and other matters related to this website (“Website Content”) are protected under applicable copyrights, trademarks and another proprietary (including, but not limited to, intellectual property) laws, including without limitation those of the United Kingdom, and all website Content and intellectual property rights therein are the property of KOMAL or the material is included with the permission of the rights owner and is protected pursuant to applicable copyright and trademark laws. ALL RIGHTS RESERVED. The posting of any such elements on this website does not constitute a waiver of any right in such elements. You do not acquire ownership rights to any such elements viewed through this website. Except as otherwise provided herein, none of these elements may be used, copied, reproduced, distributed, republished, downloaded, modified, displayed, posted, or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without our express prior written permission.
Permission is hereby granted to the extent necessary to lawfully access and use this website and/or information, materials, products, and/or services available on it to display, download, archive, and print in hard copy, portions of this website on a temporary basis and for your individual use only, provided you do not modify the materials and that you retain any and all copyright and other proprietary notices contained in the materials.
Trademarks
KOMAL, all product names, all page headers, all custom graphics, all button icons, all trademarks, service marks, and logos appearing on this website, unless otherwise noted, are service marks, trademarks (whether registered or not), and/or trade dress of KOMAL(the “Marks”). All other trademarks, product names, company names, logos, service marks, and/or trade dress mentioned, displayed, cited, or otherwise indicated on the website are the property of their respective owners. You shall not display or use the Marks in any manner without our prior written permission. You shall not display or use trademarks, product names, company names, logos, service marks, and/or trade dress of other owners without the prior written permission of such owners. The use or misuse of the Marks or other trademarks, product names, company names, logos, service marks and/or trade dress or any other materials contained herein, except as permitted herein, is expressly prohibited.
Hyperlink Disclaimer
This website may contain links and/or advertisements to other websites maintained by us in addition to links to websites maintained by unrelated companies and persons. An advertisement of, or link to, a non-KOMAL website does not mean that we approve, endorse or accept any responsibility for that website, its content or use, or the use of products and services made available through such website.
We are not responsible for the actions, content, accuracy, opinions expressed, privacy policies, products, or services provided through these links or made available through these resources or appearing on such websites, nor for any damages or losses, directly or indirectly, caused or alleged to have been caused as a result of your use or reliance on such websites.
Such websites are not investigated, monitored, or checked for accuracy, completeness, or conformance with applicable laws and regulations by us. We do not make any representations whatsoever, or give any warranties of any kind, expressed, implied, or otherwise about other websites which you may access through this website, the content thereof, or the products and/or services made available through such websites. If you decide to leave our website and access these other websites, you do so at your own risk. All rules, policies (including privacy policies), and operating procedures of such websites will apply to you while on such websites.
Links From Other websites
We hereby give authorization to link to this website. Authorization by us to link to this website is given without assumption of any liability by us relating to such links, and we hereby disclaim any such liability. We reserve the right to withdraw any authorization to link to this website at any time and for any reason.
Persons providing access to this website via a link from another website are solely responsible for the content, accuracy, opinions expressed, privacy policies, products or services of, or available through, the source website, and for any representations made or impressions created concerning KOMAL.
Anyone providing access to or information relating to this website, whether by link or otherwise, is responsible for bringing these Terms of Use to the attention of the person receiving such access or information. Failure to do so will not result in liability for us.
Privacy Policy and Use/Posting of Data
By agreeing to these Terms of Use, you agree to the terms of our Privacy Policy. Before using this website please read through all these documents carefully. All personal data provided to us as a result of your use of this website will be handled in accordance with our Privacy Policy. Posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense or violation of any law is strictly prohibited.
We reserve the right to monitor your communications with us whether by mail, voice, fax, e-mail, or any other form of transmission for the purposes of quality control, security, and other business needs.
No Warranties
WE MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THIS website OR ITS CONTENTS, WHICH ARE PROVIDED FOR USE “AS IS” AND ON AN “AS AVAILABLE” BASIS. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, QUALITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THIS website AND ANY website WITH WHICH IT IS LINKED. WE DO NOT WARRANT THAT THIS website, ITS SERVERS OR E-MAIL SENT FROM US WILL BE FREE OF ANY HARMFUL COMPONENTS (INCLUDING VIRUSES). WE ALSO MAKE NO REPRESENTATIONS OR WARRANTIES AS TO WHETHER THE INFORMATION ACCESSIBLE VIA THIS website, OR ANY website WITH WHICH IT IS LINKED, IS ACCURATE, COMPLETE, OR CURRENT. YOU ACCEPT THAT OUR OWNERS, OFFICERS, DIRECTORS, EMPLOYEES AND OTHER REPRESENTATIVES SHALL HAVE THE BENEFIT OF THIS CLAUSE.
The information and all other materials on this website are provided for general information purposes only and do not constitute professional advice. It is your responsibility to evaluate (or take professional advice on) the accuracy and completeness of all information, statements, opinions and other material on this website or any website with which it is linked. Your statutory rights as a consumer, if any, are not affected by these provisions, and we do not seek to exclude or limit liability for fraudulent misrepresentation.
Exclusion of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS WE, ON BEHALF OF OUR EMPLOYEES, AGENTS, SUPPLIERS, AND CONTRACTORS EXCLUDE AND DISCLAIM LIABILITY FOR ANY LOSSES AND EXPENSES OF WHATEVER NATURE AND HOWSOEVER ARISING INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, LOSS OF USE, LOSS OF DATA, LOSS CAUSED BY A VIRUS, LOSS OF INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY, CLAIMS OF THIRD PARTIES, OR OTHER LOSSES OF ANY KIND OR CHARACTER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS website OR ANY website WITH WHICH IT IS LINKED. YOU ASSUME TOTAL RESPONSIBILITY FOR ESTABLISHING SUCH PROCEDURES FOR DATA BACKUP AND VIRUS CHECKING AS YOU CONSIDER NECESSARY. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR ANY OTHER BASIS. These Terms of Use give you specific legal rights and you may also have other rights which vary from country to country. Some jurisdictions do not allow the exclusion of implied warranties, or certain kinds of limitations or exclusions of liability, so the limitations & exclusions set out in these Terms of Use may not apply to you. Other jurisdictions allow limitations and exclusions subject to certain conditions. In such a case the limitations and exclusions set out in these Terms of Use shall apply to the fullest extent permitted by the laws of such applicable jurisdictions.
Your Obligations
You are responsible for providing and maintaining all personal computer and communications equipment and Internet access accounts necessary to gain access to this website. In consideration of your use of the website, you shall provide true, accurate, current and complete information about yourself. You are responsible for maintaining the confidentiality of your password and login username and are fully responsible for all activities that occur under your password or login username, whether by you or by anyone else using your username and password. You shall inform us of any apparent breaches of security such as loss, theft or unauthorized disclosure or use of your username or password and until we are so notified you will remain liable for any unauthorized use of your account. You shall use the website in a manner consistent with any and all applicable rules and regulations. You shall not upload or transmit through the website any computer viruses, trojan horses, worms or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer. You shall indemnify, release and hold us harmless as well as our officers, directors, agents, representatives and employees from any claim, liability, loss, expense or demand, including legal fees, related to your violation of these Terms of Use or your access or use of this website (including any information, materials, products or services available through this website).
Modification and Discontinuation
We reserve the right at any time and from time to time to modify, edit, delete, suspend or discontinue, temporarily or permanently this website (or any portion thereof) and/or the information, materials, products and/or services available through this website (or any part thereof) with or without notice. We shall not be liable to you or to any third party for any such modification, editing, deletion, suspension or discontinuance of this website.
Entire Understanding, Severance and Waiver
These Terms of Use (together with our Privacy Policy, which is expressly incorporated herein) contain the entire understanding between you and us with respect to use of this website and no representation, statement, inducement oral or written, not contained herein shall bind any party to this agreement. However, our standard Terms of Sale displayed on this website shall apply in relation to the purchase of any products and/or services from this website. Should any part of these Terms of Use for any reason be declared invalid by a court of competent jurisdiction, such determination shall not affect the validity of any remaining portion and such remaining portion shall remain in full force and effect as if the invalid portion of these Terms of Use had been eliminated. 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.
Law & Jurisdiction
These Terms of Use shall be subject to, governed by and construed under the laws of the United Kingdom without regard to conflict of law principles. This website is operated from the United Kingdom. Access to, or use of, this website or information, materials, products and/or services on this website may be prohibited by law in certain countries or jurisdictions. You are responsible for compliance with any applicable laws of the country from which you are accessing this website. We make no representation that the information, products or services available through this website are appropriate or available for use, sale or purchase in any location from which you are accessing this website. You hereby consent and waive all objection to the exclusive jurisdiction of the law courts in the United Kingdom and venue therein to resolve any controversy or claim of whatever nature arising out of or relating to use of this website. However, we retain the right to bring legal proceedings in any jurisdiction where we believe that infringement of this agreement is taking place or originating.
Contacting Us
If you have further questions about KOMAL’s Terms of Use or comments on how we can improve the your shopping experience, please do not hesitate to email us at info.komalcreates@gmail.com