Terms And Conditions
By using this Website (hereinafter our “Site”) and related services, you agree to the following Terms and Conditions and any other rules posted on this Site (shall be collectively referred to as the “Terms”). Please read the Terms and our Privacy Policy carefully before any use of this Site.
Kultia (hereinafter “Kultia” or “we” or “us” or “our”), which operates the online shop at the internet address www.kultia.com is the trading name of KULTIA S.A., a company registered in Greece under registration number 120657801000 (General Commercial Register). Our registered address is: 10-12 Glykonos str., 10675 Athens, Greece. Our VAT number is 800407281 (Tax Office FAE of Athens). You can contact Kultia: phone number +30 213 035 4336 and email [email protected]. Please use these details to contact us for any question, feedback and comments (including complaints).
1. Registration with our site
Registration is necessary in order to use some of the services or features made available to you on this Site. By your registration, you are required to provide true, accurate, current, and complete information about yourself. By changing any of your registration information, please notify us immediately in writing. We may also change registration requirements from time to time. The account password you provide should be unique and kept secure, and you must notify Kultia immediately of any breach of security or unauthorized use of your account.
Please refer to our Privacy Policy for information about how we use your data.
2. Eligibility to purchase
2.1. To make purchases on this Site, you will be required to provide your personal details, such as your real name, phone number, e-mail address and other requested information, according to the form provided on our Site, as well as payment details. By submitting an order to us, you represent and warrant that the provided payment details are both valid and correct, and that when your order is accepted and processed by us, payment will be made in full. By placing an order you confirm that you are the person referred to in the Billing details.
2.2. If you are under 18 (non adult), please do not register with this Site or submit to Kultia any information. In any case, Kultia will not accept orders from those under 18.
2.3. The Site is available only to those:
- who meet the Kultia terms of eligibility,
- who have been issued a valid credit or debit card by a bank acceptable to Kultia or agree to settle up the total purchase price by bank transfer to Kultia’s official bank account.
- whose applications are acceptable to Kultia and
- who have authorized Kultia to process a charge or charges on their credit/debit card in the amount of the total purchase price for the ordered products.
2.4. Kultia reserves the right to restrict multiple quantities of an item being shipped to any one customer or postal address.
2.5. By making an offer to purchase our products, you authorize us to perform credit checks and where necessary, to provide or to obtain information about you to or from third parties, including but not limited to your credit/debit card number or credit reports, to authenticate your identity, to validate your credit/debit card, to obtain an initial credit/debit card authorization and to authorize individual purchase transactions.
2.6. Furthermore, you agree that Kultia may use Personal Information provided by you in order to conduct appropriate anti fraud checks. Personal Information that you provide may be disclosed to a credit reference or fraud prevention agency, which may keep a record of that information.
Please check our Privacy Policy for further information about how we use your data.
3. Orders
All orders are subject to acceptance and availability, and items in your shopping bag are not reserved and may be purchased by other customers.
3.1. Acceptance of your order
3.1.1. On receipt of your order we will send you an e-mail confirming the receipt of your order, acknowledging the details of it. Please note that this e-mail serves only for information purposes, it is NOT AN ACCEPTANCE of your order, just a CONFIRMATION that we have received it.
3.1.2. Unless you cancel your order, you will receive an e-mail confirming Kultia’s Acceptance of your order and giving details for product dispatch. A purchase contract between you and Kultia will become effective by Kultia’s acceptance of your order. The purchase contract is therefore concluded in Athens, Greece and the language of the contract is English.
3.1.3. We reserve the right not to accept your order or cancel our contract in case, for example, that:
- we are unable to obtain authorization for payment,
- we do not deliver to your area or shipping restrictions apply to a particular item
- we have insufficient stock or the item ordered is out of stock or does not satisfy our quality control standards and is withdrawn,
- the customer does not meet the eligibility criteria set out within the Terms,
- one or more of the ordered items was listed at an incorrect price due to a typographical error or to an error in the pricing information received by us from our suppliers.
In case we cancel your order, we will notify you by email and will re-credit to your account any sum deducted by us from your credit/debit card or transferred to us (by bank transfer),as soon as possible but in any event within 14 days of your order confirmation. Please note that we will not be obliged to offer any kind of additional compensation for any disappointment suffered.
We may also refuse to process and therefore accept a transaction for any reason or refuse service to anyone at any time at our sole discretion. We will not be liable to you or any third party for our withdrawing any product from the Site (whether or not that product has been sold), removing, screening or editing any materials or content on the Site, or even for our refusing to process a transaction or unwinding or suspending any transaction after processing has begun.
For your right of order cancellation, please check our Returns Policy as set out below.
3.2. Product Availability
- Products in stock/available: These products are currently in stock and available for delivery. Dispatch varies according to the times defined by each designer for final inspection. These products can be returned according to our Returns Policy as set out below.
- Products available on request: These products become available upon your request/order. Dispatch varies according to the times defined by each designer for production and final inspection. These products can be returned according to our Returns Policy as set out below.
- Special order products: These products will be produced only when you order them and are not currently in stock. This category includes items that are limited edition or in special sizes (personalized items). These special order items cannot be returned, however size alternations may be granted if needed.
To avoid any misunderstanding about product availability, please check carefully the product’s availability details and return policy before you place your order.
4. Pricing Policy
4.1.Kultia is headquartered in Athens, Greece and all our transactions are in Euros. You will be billed in Euros.
4.2. If you are a customer whose credit/debit card is not denominated in Euros, the final price will be calculated in accordance with the applicable exchange rate on the day your card issuer processes the transaction. Please note, that if you purchase from a country which has other currency than Euros, then currency fluctuations and credit card charges may make a difference to the amount billed on your credit/debit card.
4.3. Shipping is complementary for orders over 501 euros, but in some cases you may be required to pay extra for delivery. In these cases the extra cost will be clearly indicated on your order form. For orders less than 500 euros the current delivery cost is 19 euros.
4.4. Promotional discount codes: We may from time to time offer promotional discount codes (either directly or via third parties) which may apply in respect of any, or certain specified, purchases made though this Site. Such codes may only be applied to purchases of full-price items and cannot be used in conjunction with any other offer or discounts.
4.5. All prices and offers remain valid as advertised from time to time. The Euro price of a product displayed on the Site at the time the order is accepted will be honored, except in cases of patent error.
4.6. Sales tax, duties and handling costs
- Orders delivered within the EU will be charged Greek VAT (sales tax.)
- Customers purchasing from a country served as DDP (Delivered Duty Paid) will incur relevant import duties and taxes. These costs are included in the final purchase price and customers will not have to pay anything else upon delivery. Customers purchasing from a country served as DDU (Delivered Duty Unpaid) will be charged for the items purchased, while import duty and/or tax costs will be invoiced directly from our delivery carrier or an import broker appointed by the customer.
For further information please refer to Shipping as set out below.
5. Shipping
5.1. Currently we ship:
- to all EU destinations (DDP)
Please be aware that we cover the insurance of the goods. The product prices as indicated include shipping and all applicable taxes. - to non-EU destinations (DDP) : USA, Australia, Japan, Singapore, Hong Kong, UAE, Qatar, Bahrain, Kuwait, Saudi Arabia, Switzerland, Norway
Please be aware that we cover the insurance of the goods. The product prices as indicated include shipping and all applicable taxes (duties and sales tax). However, customs duties, handling charges and any applicable taxes will not be refunded if the goods are returned. - to all other destinations (DDU) – Rest of the World
Please be aware that we cover the insurance of the goods. The product prices as indicated are exclusive of taxes and customs duties. Please note that the delivery carrier will charge all import sales taxes, customs duties and handling charges separately for each country. Customs duties, import sales taxes, export and handling charges will not be refunded if the goods are returned. You will be responsible for payment of any such import duties, taxes as indicated above.
Please note that in the countries served as DDU we have no control over these charges and cannot predict their amount. We recommend that you contact your local customs authority for further information before placing your order. Please also note that you must comply with all applicable laws and regulations of the country for which the Products are destined. We will not be liable for any breach by you of any such laws.
6. Insurance & Delivery
6.1. Kultia insures each purchased product during the time it is in transit until it is delivered to your specified delivery address.
6.2. All Kultia products are provided to you in the elegant Kultia packaging. Given the value of the items purchased and shipped, Kultia may be using also a special extra packaging named OROBOX, as to ensure that the purchased product and its elegant Kultia packaging is delivered to you absolutely secured. This secure packaging is locked by a special lock bearing a unique number, keeping the jewels safe against anyone else who is not you and so protecting you and Kultia from any attempt of fraud and in general from any kind of unauthorized access and use. When your order is dispatched we will email you the unique lock number, which you should keep only for yourself and cross-reference with the lock in the Orobox you will receive. Should you observe any difference between the two numbers you should not accept the delivery and inform us immediately about the discrepancy in the lock numbers. Please note that we provide an extra special lock in the OROBOX, in case you want to return the purchased product following our Returns Policy.
6.3 Any delivery dates given are estimates only and are not binding on us.
6.4. Deliveries will be made by the Carrier to the address indicated in your order. It is your responsibility to ensure that the delivery address you provide us is correct and accurate.
6.5. If we are not able to deliver your Goods within 30 days of the date of your order, we shall notify you by e-mail to arrange another date for delivery.
6.6. We may deliver the Goods in installments if the Goods are not available at the same time for delivery.
6.7. You will have to receive the parcel in person and provide an acceptable form of ID. Alternatively you may specify a recipient, who is not you, only for delivery purposes. In any case you must ensure that someone is present to sign for and accept delivery of the purchased products, otherwise we reserve the right to make an extra charge if there is no one present to accept delivery and products have to be re-delivered.
6.8. We require a signature for any products delivered, at which point the products are considered to be delivered to you and so you undertake any responsibility for them, the delivered products will be held at your own risk and we will not be liable for their loss or destruction or any deterioration. If you have specified a third recipient for delivery purposes (for example as a gift), then you accept that evidence of a signature by the third (or at that delivery address) is full evidence of delivery and fulfillment by Kultia, and transfer of responsibility in the same way as set out above.
6.9. If your order is returned to Kultia because the carrier or postal service could not complete the delivery to you for whatever reason, then you will be responsible for the repeat delivery costs.
7. Returns
7.1. Because you are buying the Products by internet order, you may have a right of cancellation. If you do cancel your order, these are the terms, which apply to returns. However, please note that we cannot accept returns for special order products.
7.2. In order to exercise your right of cancellation, you must notify us that you wish to return the purchased products by e-mail at [email protected], within seven (7) days beginning the day after your receipt of the purchased products.. You do not have to give us any reason for exercising your cancellation right.
7.3. With your notification we will issue and send you be e-mail a Returns Authorization Number (RAN). Within fourteen (14) days of the receipt of the RAN number you must return the unwanted products for a refund of the value of the items only.
7.4. The returned products must be:
- unused, undamaged and in its original condition, with the seal tags untouched
- securely wrapped in the original Kultia packaging
- were applicable placed in the Orobox parcel you have received (upon delivery of products), securely locked with the special extra lock, which you have been provided by us in the Orobox upon delivery of the products.
- accompanied by the Kultia Return Form
We cannot accept returns that have been worn, used, altered or damaged. We reserve the right to refuse return of any merchandise that does not meet the above return requirements according to Our sole discretion. Special Orders cannot be returned under any circumstances, however size alternation may be granted if needed.
7.5. Returns must be sent via an insured shipping method to the following address: KULTIA S.A. – 10-12 Glykonos str., 10675 Athens, Greece. All items must be returned from the original delivery country. You will be responsible for arranging to have the items returned to us, and for any costs incurred. We strongly recommend that you use DHL to return your items to us, as we are not responsible for items which do not reach us. We also recommend that customers request adequate insurance to cover the purchase price of the shipment, since you will be responsible for any damages or loss incurred until we receive the products back. We will not assume responsibility for reimbursement or compensation in the event that return packages are lost, stolen, or mishandled. Should you need any assistance in organizing the return you can contact us at [email protected].
7.6. After we have received the returned products and provided that they are in the same condition they were in when first delivered to you and have undergone Kultia’s quality control check, we will credit your credit/debit card with the value of the items returned or (in case of bank transfer payment) we will transfer the value of the Goods returned by bank transfer according to your written indications. Shipping cost will not be refunded.
- If your order has been sent to a destination within the EU all sales taxes will be refunded.
- If your order has been sent to destination outside EU, sales taxes and import duties, export and any other handling charges will not be refunded through Kultia. However, you may be able to recover these costs by contacting your local customs authorities directly.
- Furthermore any losses caused by currency fluctuations will not be refunded.
7.7. Refunds may take up to 10 days for your bank to complete depending on processing times.
7.8. In the event of a valid and effective return, the performance received by either party must be returned and any benefits derived must be released. You are required to compensate us for any loss in value if the goods are returned in a deteriorated state and for any benefits derived (such as advantages derived from usage) which cannot be returned at all or in part or can only be returned in a deteriorated state.
8. Exchanges
8.1. Should you wish to exchange a product, you must notify us that you wish to exchange it by e-mail at [email protected], within fourteen (14) days beginning the day after your receipt of the purchased products.
8.2. With your notification we will contact you to discuss the exchange and help you choose the right product for you based on availability. We will then issue and send you by e-mail a Returns Authorization Number (RAN). Within seven (7) days of the receipt of the RAN number you must return the unwanted products:
- undamaged and in its original condition
- securely wrapped in the original Kultia packaging
- were applicable placed in the Orobox parcel you have received (upon delivery of products), securely locked with the special extra lock, which you have been provided by us in the Orobox upon delivery of the products.
- accompanied by the Kultia Return Form
We reserve the right to refuse exchange of any merchandise that does not meet the above return requirements according to Our sole discretion.
Exchange items can only be dispatched after the returned goods have been received and have undergone a quality control check by Kultia.
Special Orders cannot be exchanged under any circumstances, however size alternation may be granted if needed.
8.3. Exchanges can be organized by Kultia at no extra cost to you once per purchased item. Exchanges made to destinations outside of the EU will be proceeded for customs clearance and therefore relevant import duties and taxes may apply.
8.4. Returns should be sent via an insured shipping method to the to the following address: KULTIA S.A. – 10-12 Glykonos str., 10675 Athens, Greece. All items must be returned from the original delivery country. Please take care to request adequate insurance to cover the purchase price of the shipment ( the cost of which Kultia will cover as discussed above), since you will be responsible for any damages or loss incurred until we receive the products back. We will not assume responsibility for reimbursement or compensation in the event that return packages are lost, stolen, or mishandled.
8.5. Shipping is also free on the replacement item, but if you are based outside the EU you will need to pay taxes and duties on this.
9. Payment
9.1. General Provisions
9.1.1. You must pay us the full price of your order before we will send any part of it. Ownership of Goods will pass to you on delivery but only if we have received payment in full.
9.1.2. Any details given by us in relation to exchange rates are approximate only and may vary from time to time.
9.1.3. You will pay all sums due to us under these Terms by the means specified, without any set-off, deduction or counterclaim.
9.2. Payment Methods
9.2.1. When you purchase from one of the following: all EU countries, USA, Australia, Japan, Singapore, Hong Kong, UAE, Qatar, Bahrain, Kuwait, Switzerland, Norway
- For Products priced under 10.000 Euro payment can be made either by Visa, Visa Electron, Visa Debit, Visa Delta, MasterCard, American Express, Maestro debit cards, or by bank transfer or by any other method which may be clearly indicated on the Site from time to time.Payment of the purchase price will be debited and cleared from your account upon Acceptance Confirmation by Kultia. You confirm that the credit/debit card that is being used is yours or that you have been specifically authorized by the owner of the credit/debit card to use it. All credit/debit card holders are subject to validation checks and authorization by the card issuer. If the issuer of your payment card refuses to authorize payment to Kultia, we will not be liable for any delay or non-delivery or order cancellation.We take reasonable care to make our Site secure. To help ensure that your shopping experience is safe, simple, and secure, Kultia uses Secure Socket Layer (SSL) technology. Furthermore, we take reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorized access to any data you provide when accessing or ordering from the Site.Furthermore, if you choose to pay by bank transfer (or any other method indicated on our Site), we will provide you all the appropriate and necessary information for the bank transfer (or the chosen payment method) by our e-mail confirming Kultia’ s Acceptance of your order. Then you will have 48 hours to fully complete the transfer and to notify us about it by sending an e-mail to Kultia. Banking charges by the receiving bank on payments to us will be borne by us. All other charges relating to payment in a currency other than Euros will be borne by you.
- For Products priced over 10.000 Euro payment can only be made by bank transfer to Kultia’s account. We will provide you all the appropriate and necessary information for the bank transfer by our e-mail confirming Kultia’ s Acceptance of your order. Then you will have 48 hours to fully complete the transfer and to notify us about it by sending us an e-mail. Banking charges by the receiving bank on payments to us will be borne by us. All other charges relating to payment in a currency other than Euros will be borne by you.
9.2.2. When you purchase from the Rest of the World
We will currently accept orders from the Rest of the World, but payment can only be made by bank transfer to Kultia’s account, regardless of the purchase price. We will provide you all the appropriate and necessary information for the bank transfer by our e-mail confirming Kultia’ s Acceptance of your order. Then you will have 48 hours to fully complete the transfer and to notify us about it by sending us an e-mail. Banking charges by the receiving bank on payments to us will be borne by us. All other charges relating to payment in a currency other than Euros will be borne by you.
10. Intellectual Property Rights
Your use of the Site and its contents grants no rights to you in relation to any copyright, designs, trademarks and all other intellectual property and material rights relating to the Content (as described below under clause 11), including Kultia Software and all HTML and other code contained in this Site. All such Content including third party trademarks, designs, and related intellectual property rights mentioned or displayed on this Site are protected by national intellectual property and other laws and international treaty provisions. Any reproduction or redistribution of any kind of the above listed Content is absolutely prohibited.
11. Content
11.1. In addition to the Intellectual property rights mentioned above, “Content” is defined as any graphics, photographs, including all image rights, sounds, music, video, audio or text on this Site. Kultia tries to ensure that the information on this site, the photographic representation, description and specification of each product is accurate and complete. However, while the reproduction of colours is a close representation, a slight variation in the actual foods may occur. Kultia does not promise that Kultia’s Content is accurate or error-free.
11.2. Kultia does not promise that the functional aspects of the Site or Kultia’s Content will be error free or that this Site, Kultia Content or the server that makes it available are free of viruses or other harmful components. We always recommend that all users of the Internet ensure they have up to date virus checking software installed.
12. Other Terms
12.1. These terms and conditions, together with our current website prices, delivery details, contact details and privacy policy, set out the whole of our agreement relating to the supply of the goods to you by Kultia. Nothing said by any sales person on our behalf should be understood as a variation of these terms and conditions or as an authorised representation about the nature or quality of any goods offered for sale by us. Save for fraud or fraudulent misrepresentation, we shall have no liability for any such representation being untrue or misleading.
12.2. We may modify the Terms from time to time. Please read the Terms and check back often. If you do not agree to any change to the Terms, then you should immediately stop using the Site. Any changes made after you have placed an order will not affect that order, unless we are obliged to make the change by law.
12.3. If any of the provisions of the Terms is invalid nothing in this shall prejudice the validity of the remaining provisions hereof.
12.4. Please note that this Site is provided solely for your personal use. You are not allowed to use this Site for any commercial purpose.
12.5. You will be personally responsible for your use of this Site and for all your activities on and pursuant to this Site. If you violate the Terms, your access to this Site on a temporary or permanent basis may be denied at Kultia’s sole discretion.
12.6. We may include hyperlinks on this Site to other websites or resources operated by third parties other than Kultia. Kultia has not reviewed all of the sites linked to its Site and is not responsible for the content, or the privacy practices, or the accuracy of any off-site pages, or the availability of such external websites or resources. Kultia is not responsible or liable, directly or indirectly, for any kind of damage, loss or offence caused by and/or arising from the use of these websites or the goods or services being available on these websites.
12.7. At our request, you agree to compensate us fully, defend us, and hold Kultia harmless immediately on demand, its officers, directors, agents, affiliates, licensors, and suppliers, from and against all liabilities, claims, expenses, damages and losses, including legal fees, arising from any breach of the Terms by you, including the use by any other persons accessing this Site using your Internet account caused by your action or inaction.
12.8. If you breach the Terms and we take no action against you, we will still be entitled to use our rights and remedies in any other situation where you breach the Terms.
13. Our Liability Limits
13.1. We accept liability for damage caused by intent or gross negligence of Kultia or that of our employees and agents.
13.2. If Kultia breaches the Terms, we shall be liable only for losses which are direct losses. We shall only be liable for losses up to 150% of the total value of goods purchased.
13.3. We are not responsible a) for losses not caused by our breach or by intent or gross negligence, b) for indirect losses, which are a side effect of the main loss or damage. We are also not responsible for failure to meet any of our obligations under the Terms where such failure is due to events beyond our reasonable control.
13.4. We will not be held in breach of this Agreement or otherwise liable or responsible for any delay in performance if to the extent that any delay or failure is due to circumstances beyond Kultia’s reasonable control including, without limitation, strikes, lockouts and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident.
14. Governing Law - Jurisdiction
14.1. The Terms together with all our policies and procedures for the purchase of products through our Site will be governed and construed exclusively by the relevant Greek law which follows the EU legislation.
14.2. Any dispute arising from or related to these Terms and/or this Site and/or the purchase contract performed under the Terms and this Site shall be subject to the exclusive jurisdiction of the courts of Athens, Greece.