Terms and Conditions

Introduction

Welcome to KURUMBALE, a site that can be found and visited at kurumbale.com. By using KURUMBALE, intended as a website or software applications (collectively, the “KURUMBALE,” the “Service”, the “System”), the User – regardless of whether he is a seller or a buyer – of our services declares expressly that I have read, understood, and accepted these Terms and Conditions and our Privacy Policy.

By using our site and our Service, the User expressly agrees to have read, understood, and fully accepted our legal documentation consisting of Terms and Conditions, Privacy Policy and Cookie Policy.

If the User does not accept the content of one or more clauses expressed in our legal documentation, please do not use our services.

The User also guarantees that all data provided to KURUMBALE, at the time of subscription, are true, accurate, and complete and undertakes to keep them available.

Changes to Agreements

Occasionally, we may make changes to the Service and/or our legal documentation at our discretion. When we make material changes to the legal documentation, we will notify users through the System. The continued use of KURUMBALE after such changes involves an express acknowledgement and acceptance of the changes.

License and Copyright Policy

Following the DMCA (alias Digital Millennium Copyright Act) and the European Copyright Directive (alias EU 2019/790), KURUMBALE Service and the content provided through it are owned by KURUMBALE or its licensors. We grant users a limited, non-exclusive and revocable license for their personal and non-commercial use of the Service and to receive the multimedia content made available through our system in their country, based on the subscription or Trial selected (the “License “).

KURUMBALE considers itself the owner of all the codes, graphics or computer contents present on the site. The user may not assign, transfer or sublicense the rights deriving from this License to third parties.

All KURUMBALE trademarks, service marks, trade names, logos, domain names and all other features of KURUMBALE brand are the exclusive property of KURUMBALE This License does not grant you any right to use KURUMBALE trademarks, service marks, trade names, logos, domain names, or other features of KURUMBALE mark, whether for commercial or non-commercial use.

The user agrees not to use KURUMBALE Service (including but not limited to its content) in any way that is not expressly provided for in these Conditions.

The third-party software collections included in KURUMBALE Service are licensed according to the rules outlined in these Terms or the relevant license terms of such third parties.

Third Party Applications

User Generated Content

KURUMBALE users may (now or in the future) publish, upload and contribute (“post”) Content on the Service, including text, messages through contact forms, or reviews (“Content”). The user warrants that the Content does not violate the agreements in this document, applicable law, intellectual property or the rights of others. KURUMBALE does not monitor, review, or modify the published Content but reserves the right to remove or disable access for any reason, including, but not limited to, Content that violates these Agreements in our sole discretion. KURUMBALE can take these actions without prior notification to the user. The removal or disabling of access to the Content in question will be our sole discretion. We cannot guarantee the removal or disable of any Content that violates these Agreements.

KURUMBALE is not responsible for the Content posted and does not endorse any opinion contained therein. If you believe that any Content violates intellectual property rights, please contact us using the e-mail address kteam@kurumbale.com.

Site Guidelines

KURUMBALE respects intellectual property rights and expects users to do the same. KURUMBALE has established some ground rules that users must follow when using the Service to ensure that KURUMBALE remains a product that all can use. Please follow these rules and encourage other users to do the same.

The following is not permitted for any reason:

• copy, redistribute, reproduce, “extract”, record, transfer, perform or publicly display, transmit or make available to the public any part of the KURUMBALE Service or the Content, or make any use of the KURUMBALE Service or the Content that is not expressly permitted under the Agreements or applicable law, or otherwise infringes the intellectual property rights (such as copyright) of KURUMBALE Service, Content or any part thereof;
• use KURUMBALE Service to import or copy local files for which you do not have the necessary legal rights to do so in this way;
• transfer copies of cached Content from an Authorized Device to any other Device by any means;
• perform reverse engineering, decompile, disassemble, modify or create derivative works based on KURUMBALE Service, Content or any part thereof, except where it is permitted by applicable law;
• circumvent any KURUMBALE material or copyright used by KURUMBALE, its licensors or other third parties in order to protect the Content or Service;
• sell, rent, subcontract or lease any part of KURUMBALE Service or the Content;
• circumvent any territorial restrictions applied by KURUMBALE or its licensors;
• remove or modify copyright, registered trademarks or other indications of intellectual property contained in or provided through the KURUMBALE Service (including in order to hide or alter any indications of ownership or origin of any Content);
• perform the “crawling” within KURUMBALE Service, or use other automated means (including bots, scrapers and spiders) to collect information from KURUMBALE.

Please respect KURUMBALE, the owners of the Content, and other users of the KURUMBALE Service. It is forbidden by Users to publish Content:

• offensive, derogatory, defamatory, pornographic, threatening or obscene;
• illegal or designed to promote or commit unlawful acts of any kind, including without limitation the violation of intellectual property rights, privacy rights, or exclusive rights of KURUMBALE or third parties;
• malicious such as malware, Trojan horses or viruses, or otherwise capable of interfering with users’ access to the Service;
• designed or capable of causing annoyance or harassment to other users; capable of feigning or misrepresenting its affiliation with other users, persons or entities, or otherwise fraudulent, false, deceptive or misleading;
• who makes use of automated means to promote a content artificially;
• which involves the transmission of unsolicited mass messages or other forms of spam (“spam”), junk mail, message chains or the like, including through the KURUMBALE inbox;
• which involves commercial or sales activities, such as advertising, promotions, contests, sweepstakes or pyramid schemes, which KURUMBALE does not expressly authorize;
• that links, references, or otherwise promotes commercial products or services, except where expressly authorized by KURUMBALE;
• capable of interfering with or interrupting the KURUMBALE Service in any way, tampering with, violating or attempting to probe, examine or test for vulnerability the Service or the computer systems or the KURUMBALE network, the rules of use or any other component KURUMBALE’s security, authentication measure or other protective measure applicable to the Service, Content or any part thereof; or
• that causes conflicts with the Agreements, as established by KURUMBALE.

You understand and agree that the publication of such User Content may result in the immediate closure or suspension of your KURUMBALE account. The user also accepts that KURUMBALE can recall his username for any reason.

The Service requires a valid email to register/login for an account, and the user is solely responsible for keeping it confidential and secure. The user understands that he is responsible for using his email within the Service. If your email is lost or stolen, or if you believe there has been unauthorized access to your account by a third party, please notify us immediately and change your password as soon as possible.

Payments

KURUMBALE accepts major digital payment providers such as Stripe, PayPal, Google Pay, and Apple Pay. The user implicitly declares to be the owner or full use rights by using a specific method and specifying a certain billing address. Regarding the prices displayed, they explicitly state whether or not they include the cost of shipping the goods.

Return and Refund Policies

 Contact cases to request a return and/or refund may include, but are not limited to, the following reasons:

• Wrong Delivery: the Buyer has received the wrong goods.
• Defective / Malfunctioning Delivery: the Buyer has received defective goods. This category also includes products that should be returned in case of Wrong Size.
• Afterthought: the Buyer had an afterthought regarding the purchase made.
• Purchase by mistake: the Buyer purchased the goods by mistake.

In these cases, the Buyer may apply the right of withdrawal for reconsideration or other cause, in accordance with art. 52 and Legislative Decree 206 of 2005 within 14 days of purchase. In case of wrong delivery or defective / malfunctioning delivery (including wrong size) 14 days from the products’ receiving date are allowed.

Returns and Refunds Request Process

The Buyer must contact KURUMBALE directly in the event of a request for returns or refunds in order to receive assistance, indicating the items and the reason for the contact.

• In case of afterthought and purchase by mistake the purchase must be returned at Buyer’s expense before a full refund, if the purchase have been already sent.
• In case of wrong size the purchase must be returned at Buyer’s expense before a refund or an offer of the same goods with different size.
• In case of defective / malfunctioning delivery, the defect or malfunction must be verified by KURUMBALE before a full refund or the same goods are offered.

Coupons

The Buyer is entitled to a discount coupon if he submits a review photo on the product page. It is hereby specified that the Buyer is entitled to a maximum of one coupon per product (not cumulative). Furthermore, in order to be entitled to the coupon, the review photo must unequivocally show the product in question.

Coupons are not cumulative with other coupons when used in a purchase.

Discounts

The Buyer is entitled to discounts purchasing more than one product in the same order. KURUMBALE has the right to change the terms of these discounts at any time.

Limitations and Variations of the Service

KURUMBALE will make reasonable efforts to keep KURUMBALE Service operational. However, some technical difficulties or maintenance operations can cause temporary interruptions from time to time. Within limits established by the law in force, KURUMBALE reserves the right to modify or interrupt, periodically and at any time, and temporarily or permanently, functions of KURUMBALE Service, with or without notice and without any liability to users, except where it is prohibited by law, for any interruptions, changes or terminations of KURUMBALE Service or other related functions or functionality. In any case, KURUMBALE is not responsible for any potential failure to view and receive emails due to service malfunctions or during maintenance periods.

Term and Cancellation

The Agreements will remain in force until terminated by the user or by KURUMBALE However, the user understands and accepts that KURUMBALE may at any time suspend or completely deny access to the services to any User without any written notice.

Warranty and Disclaimer

KURUMBALE TRIES TO PROVIDE THE BEST SERVICE POSSIBLE. STILL, THE USER UNDERSTANDS AND AGREES THAT KURUMBALE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OR CONDITION OF ANY KIND. THE USER USES KURUMBALE SERVICE AT YOUR OWN RISK. TO THE EXTENT PERMITTED BY APPLICABLE LAW, KURUMBALE AND ALL CONTENT OWNERS MAKE NO WARRANTY AND DISCLAIM ANY WARRANTY OR CONDITION OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE. KURUMBALE AND THE CONTENT OWNERS DO NOT WARRANT IN ANY WAY THAT KURUMBALE SERVICE IS FREE OF MALWARE OR OTHER HARMFUL COMPONENTS. FURTHERMORE, KURUMBALE MAKES NO INSURANCE AND DOES NOT WARRANT, ENDORSEMENT OR ASSUME LIABILITY FOR ANY THIRD-PARTY APPLICATION (OR RELATED CONTENT), USER CONTENT OR OTHER PRODUCTS OR SERVICES PUBLISHED OR OFFERED BY THIRD PARTIES OR THIRD PARTIES.

Limitations

THE USER AGREES THAT, TO THE EXTENT PROVIDED BY THE LAW IN FORCE, THE ONLY AND SOLE REMEDY FOR ANY PROBLEMS OR DISSATISFACTIONS WITH THE KURUMBALE SERVICE IS TO FINISH THE USE OF THE SERVICE. EVEN IF KURUMBALE ASSUMES NO LIABILITY FOR THIRD-PARTY APPLICATIONS OR THEIR CONTENT, AND EVEN IF THE RELATIONSHIP WITH SUCH THIRD-PARTY APPLICATIONS MAY BE GOVERNED BY SEPARATE AGREEMENTS WITH SUCH THIRD PARTIES, WITHIN THE LIMITS PROVIDED FOR BY LAW. OFFERED BY KURUMBALE FOR ANY PROBLEMS OR DISSATISFACTIONS WITH THIRD-PARTY APPLICATIONS OR THEIR CONTENT CONSISTS OF UNINSTALLING AND / OR STOPPING USING SUCH THIRD-PARTY APPLICATIONS.

TO THE MAXIMUM LIMITS PROVIDED BY LAW, IN NO EVENT SHALL KURUMBALE BE LIABLE FOR (1) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES; (2) ANY LOSS OF USE, DATA, BUSINESS OR GOODS (WHETHER DIRECT OR INDIRECT), IN ANY CASE ARISING FROM THE USE OR INABILITY TO USE THE KURUMBALE SERVICE, THIRD-PARTY APPLICATIONS OR THE CONTENT OF THIRD-PARTY APPLICATIONS, REGARDLESS OF ANY LEGAL THEORY AND THE FACT THAT KURUMBALE HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN WHERE A REMEDY DOES NOT OBTAIN THE EXPECTED RESULT; OR (3) ANY AGGREGATE LIABILITY FOR ANY CLAIMS RELATING TO KURUMBALE SERVICE, THIRD-PARTY APPLICATIONS OR THIRD PARTY APPLICATION CONTENT OF VALUE IN EXCESS OF THE AMOUNTS YOU PAID TO KURUMBALE DURING THE PREVIOUS TWELVE MONTHS IN THESE PERIODS. BY THE LAW IN FORCE.

Severability and Waiver

Except as otherwise stated in the Agreements, where any provision of the Agreements is held to be invalid or unenforceable for any reason or to any level, such invalidity or inapplicability will not in any way interfere with or render invalid or unenforceable the remaining provisions of the Agreements, and the application of this clause will be imposed within the limits established by law.

Any failure to apply the Agreements or related clauses by KURUMBALE or third-party beneficiaries will not cancel the right of KURUMBALE or the third-party beneficiary to do so.

Assignment

Indemnification

Within the maximum limits provided for by the law in force, the user agrees to indemnify and hold KURUMBALE harmless from and in relation to damages, losses and expenses of any kind (including reasonable legal costs and fees) resulting from:

1. The violation of this Agreement by the user.
2. Any User Content.
3. Any activity in which the user engages or performs through KURUMBALE Service.
4. The breach of any law or the User’s rights of a third party.

Jurisdiction

KURUMBALE operates in full compliance with the laws in force provided for by the Italian legal systems. In this sense, any legal dispute or dispute will be resolved in the exclusive courts of the Italian state.

Contacts

For any questions about KURUMBALE Service or the Agreements, users can contact us via our email address kteam@kurumbale.com.