Política de reembolso

TERMS OF SALE

THESE TERMS OF SALE GOVERN YOUR SHOPPING EXPERIENCE, INCLUDING PURCHASES OF KAMA FLIGHT PRODUCTS AND SERVICES, FROM THE SITE (DEFINED BELOW). PLEASE REVIEW THE TERMS CAREFULLY BEFORE ORDERING PRODUCTS ONLINE OR OTHERWISE PURCHASING FROM THE SITE.THE INFORMATION CONTAINED HEREIN SETS FORTH YOUR RIGHTS AND OBLIGATIONS WITH RESPECT TO THE TRANSACTION(S) CONTEMPLATED FOR HEREBY. 

THESE TERMS REQUIRE THE USE OF ARBITRATION (ON AN INDIVIDUAL BASIS ONLY; I.E., CASE CONSOLIDATIONS AND CLASS-ACTIONS ARE NOT PERMITTED) IN ORDER TO RESOLVE DISPUTES. PLEASE REVIEW THIS DOCUMENT IN ITS ENTIRETY BEFORE ENTERING INTO ANY TRANSACTION HEREUNDER IN ORDER TO CONFIRM YOUR ACCEPTANCE HEREOF. 

YOU MAY NOT ORDER OR OBTAIN PRODUCTS OR SERVICES FROM THIS WEBSITE UNLESS AND UNTIL YOU: (A) AGREE TO THESE TERMS AND CONDITIONS IN THEIR ENTIRETY; (B) ARE AT LEAST 18 YEARS OLD; AND (C) ARE NOT PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE'S CONTENTS, GOODS, OR SERVICES BY ANY APPLICABLE LAW, RULE, OR REGULATION.

1. Applicability of Terms and Conditions. These terms and conditions (these "Terms of Sale") shall apply to your purchase of products and/or services through https://kamaflight.com/ (the "Site"). These Terms of Sale are subject to change at any time without prior written notice by Kama Flight (referred to herein as either “Company,” “we,” “us,” or “our”). The most recent version of these Terms of Sale shall be posted for your review at any time on the Site. Please review these Terms of Sale in their entirety prior to engaging in any transaction on the Site. 

The Terms of Sale posted at the time you purchase products or services on the Site will govern that purchase.  In addition to the Terms of Sale, by shopping and/or purchasing on the Site you acknowledge and agree to by bound by Kama Flight’s Terms of Use (accessible at: [LINK]) and Privacy Policy (accessible at: [https://kamaflight.com/policies/privacy-policy]), which are incorporated herein by this reference. 

1. Online Orders. When placing an order on our Site, you are effectively offering to purchase the products and services you select. We reserve the right to accept or reject any order at our own discretion. We will only accept or reject an order in its entirety. Should we elect to accept your offer, you will receive a confirming email at the email address that you provide at such time. Notwithstanding, we reserve the right to cancel any order once accepted by us (as evidenced by a confirming email) at any time in our sole discretion. Additionally, you have the option of canceling your order (in its entirety only) at any time prior to our having sent to you the confirming email referenced herein. Please note that all sales of Products are final, and no refunds, returns, credits, or exchanges will be issued. 

2. Kama Flights Products and Services.

• Illegal drugs, paraphernalia, and other mind-altering substances are not permitted.
  
• Sexual displays, advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature is not permitted.
• Violation of this policy will result in immediate removal from all Kama Flight classes without refund.
  

1. Experiences

a)  Classes, Retreats & Events, Teacher Training

Kama Flight hosts in-person retreats, classes, demonstrations/performances, and events (“referred to herein as “Experiences”) to provide Users with a unique experience celebrating movement, connection, wellness, and nature together with other Users and their invited guests. Kama Flight has no control over who attends Kama Flight Experiences or the actions of any individual at any Experience. Please use caution and good judgment when arranging or attending meetings, and interacting with other Users.

You agree that you bear all risk associated with any Experience you attend, and you agree to release Kama Flight (and Kama Flight’s present and future directors, members, donors, agents, employees, affiliates, subsidiaries, and third-party partners) from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, now and in the future, arising out of or in any way connected with your use of the Service or any retreat you attend. You further waive any and all rights and benefits otherwise conferred by any statutory or non-statutory law of any jurisdiction that would purport to limit the scope of a release or waiver.

Kama Flight may take photographs or videos of Users who attend Experiences. By attending an Experience or other in-person Kama Flight event, you hereby grant Kama Flight permission to take photographs and videos of you, and you further hereby grant Kama Flight the right to publish and publicly display photographs and videos of you on the Service, social media, and in other media forms or platforms, whether now known or hereinafter devised, for promotional, marketing, and informational purposes, In perpetuity. You hereby waive all rights of privacy and publicity with respect to such photographs and videos, and hereby acknowledge and understand that no royalty, fee, or other compensation shall become payable to you by reason of such use. Please note that all sales of Experiences are final, and no refunds, returns, credits, or exchanges will be issued. 

b) Paid Subscriptions - Kama At Home & Kama At Home Teacher’s Eddition.

The Service is available on a paid subscription basis to individuals. Corporate and group subscriptions are not offered by Kama Flight. Access to video content, training, and experienes require advance payment before they can be accessed (the “Digital Class Membership”). You can access a Digital Class Membership by signing up on the Service. By purchasing a Digital Class Membership called “Kama At Home”, you are granted lifetime access to our collection of over 77 step-by-step class videos, printable resources, and virtual access to our teachers for questions, through the Kajabi platform (via the “Comments” feature on videos). This membership is designed for individuals or pairs, regardless of physical ability or relationship stage, who are eager to explore and deepen their connection through movement. 

The fees applicable to your Digital Class Membership (the “Fees”) are governed by the specific paid subscription plan you agreed to. The Fees will be billed in a one-time payment to your payment method prior to the beginning of your paid membership cycle. Upon notice to you, we reserve the right to change our billing practices, in particular, if your payment method has not successfully been charged. Kama Flight makes no representation or warranty that the Fees are the lowest or best price at any given time during the term of your Paid Subscription. Please note that all sales of Digital Class Memberships are final, and no refunds will be issued once access has been granted. 

1. Products

Kama Flight table

WARRANTY

Table warranty against manufacturing defects, for the entire construction, from the date of purchase for 5 years. This Warranty does not cover normal wear and tear, or any damage or loss caused by improper use, maintenance, or storage of your Table. 

In addition, your Kama Flight Table offers the following warranty for Vinyl and sponge: 2 years. Plus, other accessories, including hinges, screws, carry case, leg knobs, table closure clasps, foot pads, the warranty is: 2 years.

If your Table arrives and its condition is questionable and you want to file a warranty claim, follow these steps: 

Step 1: Find your receipt which proves the date of purchase. If the date of purchase cannot be verified,Kama Flight will make an assessment based on the date of manufacture of the Kama Flight Table (if possible), the condition of the Table and the type of defect. In addition, send us the serial number, (posted on the wood end board)

Step 2: Contact us at info@kamaflight.com with feedback on issues you have encountered with your Kama Flight Table AND Photo or video of the issue

Step 3: Kama Flight will reach out on your behalf, directly to the manufacturer for a solution ~ none is guaranteed 

1. Title Transfer & Risk of Loss. Title and risk of loss for products purchased from the Site pass to you upon our delivery to the carrier. Title to product(s) will not transfer until full payment has been received.

1. Payment Terms. All applicable prices are set forth alongside the goods and services offered on the Site. They may differ from the prices offered elsewhere (online or offline) by us for the same goods and/or services. Such prices are subject to change at any time by us in our sole discretion. Additionally, to the extent that we offer a promotion in connection with any particular item, the terms of such offer shall be set forth in a separate document that shall govern its applicability (and, in the event of a conflict herewith, be considered the governing document). You will be responsible for the prices stated at the time of your transaction, as well as any: (i) sales, use, excise, and related taxes; and (ii) shipping and handling charges. Payment may only be made with a valid credit, debit card, or use of a bona-fide electronic payment provider (i.e., PayPal). By using any such card or payment provider, you are hereby representing and warranting your full right and authority to make such purchase in the manner elected without violating any applicable law, rule, or regulation.

Kama Flight uses a third-party payment processor (the “Payment Processor”) to link your credit card to your Kama Flight Account to the Service and process all payments made to Kama Flight. The processing of payments or credits, as applicable, in connection with your use of the Service will be subject to the terms, conditions and privacy policies of the Payment Processor and your credit card issuer in addition to these Terms. Kama Flight is not responsible for any errors by the Payment Processor. In connection with your use of the Service, Kama Flight may obtain certain transaction details, which Kama Flight will use solely in accordance with the Privacy Policy.

1. Shipping Information. It is our responsibility to ship the products of your accepted order to you at the address you provide when making the order. You will be responsible for all associated shipping and handling charges. While we agree to use reasonable efforts to meet the shipping and delivery dates provided online, we shall not be responsible for any delays in shipments.

1. Kama Flight DOMESTIC U.S SHIPPING: Contiguous United States. Orders will ship within 1-3 business days and arrive 3-5 business days after the order was shipped, depending on the region of the country. You will receive an email with the tracking information as soon as we’ve shipped your Kama Flight table(s).

2. INTERNATIONAL ORDERS Currently, our shipping services are limited to specific zones, and unfortunately, we do not offer international shipping. We understand this may be a bit disappointing, but we are committed to providing the best possible service within our current capabilities. If you are outside of our shipping zones and still interested in our products, we recommend reaching out to our customer service team at info@kamaflight.com. The team will be happy to assist you further and explore potential options to accommodate your request.

3. STOLEN/MISSING ITEMS If your items have been successfully delivered as shown in the tracking history, but you are unable to locate them, we are not liable for stolen packages. Please take this up the the third-party shipper. 

1. Returns. ALL SALES ARE FINAL. We do not accept returns or exchanges for any products or services purchased on our Site. Once your order is confirmed and payment is processed, it cannot be canceled, refunded or returned. Please review your order carefully before completing your purchase. You bear the risk of loss or damage during shipment, and as such, you are advised to obtain appropriate insurance.

1. Privacy Policy and Website Terms of Use. Please review our Privacy Policy and Website Terms of Use, which can be found at the following addresses respectively: [https://kamaflight.com/policies/privacy-policy] and [https://kamaflight.com/policies/terms-of-service]. The Privacy Policy governs our processing of all personal information that we may collect from any person through the use of our Site. The Website Terms of Use governs your use of our Site in general.

1. Representations & Warranties (R&Ws); Disclaimers.

(a) Buyer’s R&Ws. You represent and warrant to us as follows: (i) that you have the right to enter any transaction contemplated for hereby without violating these Terms of Sale, any applicable law, rule, or regulation, and/or any agreement with, or rights of, any third party; (ii) that you will use the goods and services provided hereunder exactly as authorized and never in any way that would violate any applicable law or third party right of any kind; and (iii) that you are buying goods or services from the Site for solely your own use, and not for resale or export.

(b) Manufacturer’s Warranty and Company’s Disclaimers. The availability on our Site of goods does not constitute an endorsement of any of the goods or services or their manufacturer. As such, subject to applicable law, we are providing the goods and services to you “as is” without express or implied warranties of any kind (including without limitation any: (i) warranty of merchantability; (ii) warranty of fitness for a particular purpose; (iii) warranty of title; or (iv) warranty against infringement of intellectual property rights of a third party, whether express or implied by law, course of dealing, course of performance, usage or trade, or otherwise). They are, however, covered by the manufacturer’s warranty as detailed in any product’s description on our Site and included with our delivery of the goods and services. You can avail yourself of any of the manufacturer’s warranties by following the instructions provided in their warranty agreement(s). You acknowledge and agree that under no circumstances shall we be liable for any breach of the manufacturer’s warranty claims and/or for any loss or damages that may arise out of the manufacturer’s failure to honor its warranty obligations to you.

1. Limitation of Liability. 

a) Agreement. These terms and conditions set out the full extent of our AGREEMENT AND UNDERSTANDING in respect TO ANY CLAIM ARISING FROM OR RELATED TO YOUR SHOPPING, ORDERS, PURCHASES, RETURNS ON THE SITE.

b) LIABILITY CAP. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW,  UNDER NO CIRCUMSTANCES WILL COMPANY’S OBLIGATION OR LIABILITY ARISING FROM OR RELATING TO THIS AGREEMENT (WHETHER IN CONTRACT, WARRANTY, TORT, STRICT LIABILITY, STATUTE, OR OTHERWISE) EXCEED THE PURCHASE PRICE YOU PAID ON THE SITE FOR ANY GOODS OR SERVICES IN THE RELEVANT TRANSACTION. 

c) LIMITATION OF LIABILITY. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL THE KAMA FLIGHT PARTIES (DEFINED BELOW) BE LIABLE FOR ANY LOSS OF USE, DATA, BUSINESS, GOODWILL, REPUTATION, OR REVENUE, AND/OR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES OR OTHER DIRECT OR INDIRECT LOSSES OF ANY KIND.

d) UNENFORCEABILITY. IF ANY PART OF THIS LIMITATION OF LIABILITY IS DETERMINED TO BE UNENFORCEABLE OR INVALID FOR ANY REASON, YOU AGREE THAT OUR LIABILITY TO YOU FOR ANY DAMAGE OR LOSS SHALL BE LIMITED TO THE FULLEST EXTENT ENFORCEABLE BY APPLICABLE LAW.

1. Indemnification and Release. To the fullest extent permissible by applicable law, you agree to indemnify, defend, and hold harmless the Company, its affiliates, officers, directors, employees, agents, licensors and suppliers (the “Kama Flight Parties”) from and against all claims, losses, liabilities, expenses, damages and costs, including, without limitation, attorneys' fees, arising from or relating to your conduct in connection your violation of these Terms of Sale or any law or the rights of any third party. You, for yourself and on behalf of your heirs, estate, insurers, successors and assigns, hereby fully and forever release and discharge the Kama Flight Parties from any and all claims or causes of action you may have for damages arising from or relating to your violation of these Terms of Sale or any law or the rights of any third party. 

1. Third-Party Beneficiaries. These Terms of Sale are for your sole benefit and nothing herein, express or implied, is intended to or shall confer upon any other person or entity any legal or equitable right, benefit, or remedy of any nature whatsoever under or by reason of these Terms of Sale.

1. Force Majeure. Company shall not be held responsible for delays or non-performance caused by activities or factors beyond our reasonable control, including without limitation, supply chain shortages, war, weather, strikes, floods, lockouts, fires, acts of God, terrorism, and/or delivery, vendor, supplier, or other third party delays, non-performance, or failures of any kind.

1. Assignment. Company may assign or otherwise transfer any or all of its rights or obligations hereunder, in whole or in part, to any third party in its sole discretion. You may not assign any of your rights or delegate any of your duties hereunder at any time without our prior written consent in each instance, and any attempt to do so shall be null and void.

1. Partial Invalidity. In the event that any part or portion of these Terms of Sale is deemed to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.

1. Governing Law/Binding Arbitration.

(a) Governing Law. These Terms of Sale shall be governed by the laws of the State of New York without regard to its conflict of laws principles.

(b) Binding Arbitration. Subject to subsection (c) below and all applicable laws, you are agreeing to give up: (i) your right to litigate any claims that may arise hereunder in court or before a jury; and (ii) your right to consolidate any claim and/or participate in any class-action claim that may arise hereunder in any manner or forum. 

Instead, any claim, dispute, or controversy of any kind or nature arising out of, relating to or concerning any aspect of these Terms of Sale which cannot be amicably resolved by us shall be solely and finally settled binding arbitration to be held before a neutral arbitrator in New York, New York, under the auspices of the American Arbitration Association. The arbitrator shall permit discovery sufficient to allow any party to the arbitration to take such discovery as is reasonably sufficient to allow that party to secure the information reasonably necessary to present their claim. The arbitrator may grant injunctions or other relief in such dispute or controversy. The decision of the arbitration shall be final, conclusive and binding on the parties to the arbitration. The award issued by the arbitrator shall be in writing and shall set forth the essential findings and conclusions that form the basis of the award. Judgment may be entered on the arbitrator’s award in any court having jurisdiction. Except as may otherwise be provided by law, each party shall pay an equal share of the fees and costs charged by an arbitrator to hear the arbitration of this matter. Each party shall be solely responsible for payment of their respective attorney’s fees and costs. The parties agree that all matters relating to any dispute which is the subject of the arbitration hereunder, including all submissions made to the arbitrator and the decision of the arbitrator, shall be treated as confidential by the parties and the parties shall cause any witnesses, counsel or professional advisers retained in connection with such arbitration to maintain all such matters in strict confidence. 

You agree that any dispute or controversy, which cannot be the subject of arbitration proceedings under this section and must be solved in judicial proceedings, will be brought in and you hereby consent to the exclusive jurisdiction and venue in the state and federal courts in New York, New York.

(c) Small-Claims Option. Notwithstanding the foregoing, you may elect to pursue a breach of warranty claim in small-claims court rather than submit to binding arbitration, but only if you provide us with written notice of your desire to do so within [30] days of your purchase transaction. Any small-claims court proceeding initiated hereunder will be limited solely to your individual dispute; i.e., you are not permitted to file, or participate in, a class action suit in small-claims court with respect to these Terms of Sale.

(d) Sole Recourse. Sections 10-12 provide your sole recourse for the settlement of any disputes arising out of, in connection with, or related to these Terms of Sale. If any provision of this clause is found unenforceable, such unenforceable provision will be removed and the remaining terms will be enforced.

13. No Waivers. Our failure to enforce any of our rights hereunder will not constitute a waiver of our right to make such enforcement in the future, subject to applicable law.

14. Notices. We may provide notices hereunder to you by: (i) email; (ii) regular mail; or (iii) posting them on the Site. You shall be responsible for ensuring that you have provided us with your current email and mailing addresses. You can contact us at any time by personal delivery, overnight courier, or registered or certified mail to: [Kama Flight Foundation: 3114 N Bay Rd. Miami Beach, FL 33140].

15. Entire Agreement. These Terms of Sale, along with the confirmation email referenced in Section 2 above, any instructions that we provide you with relating to any product or service you obtain from us through the Site, any terms and conditions that may be provided in connection with any promotion or other sale, and our Site’s ‘Terms of Use’ and ‘Privacy Policy,’ shall, collectively, be deemed a final and integrated agreement between you and us with respect to the subject matter hereof.

Last updated: November 10, 2024