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Terms and Conditions

  1. Introduction

1.1 The Terms and Conditions of Sale (“Terms and Conditions”) govern the selling and/or supplying of the Goods that are listed on kyveli.me or on any other reference (i.e. mobile application, any other website related to Kyveli, etc.) (“Kyveli Site”) to the Buyer. The owner of the Kyveli Site is Digital Economy Solutions LLC, a limited liability company duly registered with the Government of Ajman under business license no. 28533, with its office located at 18th Floor, Suite1815, Business Bay, The Burlington Bay, Dubai, United Arab Emirates (“we,” “us,” or “our”).

 

1.2 Kindly read the Terms and Conditions carefully before you submit your order through/on the Kyveli Site. By submitting an order on the Kyveli Site, you are agreeing to be obligated by the Terms and Conditions with an immediate effect.

 

  1. Definitions

 

2.1 “Applicable Laws” means any rules, regulations and laws of the Emirate of Dubai and United Arab Emirates.

 

2.2 “Kyveli Services” means the use of any services, information, details, etc. that are available on the Kyveli Site.

 

2.3 “Goods” means any goods or services available for sale or supply on the Kyveli Site.

 

2.4 “Kyveli” means any licensed entity including its employees or any other permitted users that uses, registers and access the Kyveli Site to sell Goods to the Buyer.

 

2.5 “we,” “us,” or “our” means Digital Economy Solutions LLC and its employees or a third-party (including contractor and agents), in addition of its affiliates.

 

2.6 “you” or “your” means any person who purchases Goods from the Kyveli on the Kyveli Site.

 

  1. Your order

 

3.1 You may purchase the Goods through placing and completing the order form provided on the Kyveli Site. While completing the order, you will be required to insert some information requested by us and complete your payment details. Thus, you will be responsible for ensuring the accuracy of the order. Please note that when you place an order, you accept and agree to abide by the Terms and Conditions including all other policies and Applicable Laws that are made applicable for your purchase of Goods.

 

3.2 Each Goods in your order shall be sold by the Kyvelis who are registered to access the Kyveli Services on the Kyveli Site. The actual contract of sale therefore is directly between you and the Kyveli. Thus, we do not have any control over, and we do not guarantee the existence, quality, safety or legality of the Goods advertised; the truth or accuracy of the Kyveli's content or listing and/or Kyveli's ability and necessary authority to sell the Goods.

 

3.3 Order acceptance

  1. Your order shall be deemed accepted by us upon receipt of a notification in writing (i.e. by e-mail or SMS) from us.

 

  1. It shall be understood that neither completion of submitting or completing the order submission form will constitute our acceptance of your order. Our acceptance of your order will take place only upon receipt of full payment from you.

 

3.4 Order cancellation

  1. You are only entitled to cancel your order if your cancellation has been received by the Kyveli, immediately prior to the shipping of the Goods ordered for any reason.

 

  1. We reserve our right to cancel your order in case of the following:
  2. You did not provide the information, details or documents required for the completion or delivery of the Goods you order;
  3. You did not make the payment of the Goods on the due date;

iii. You did not allow us to deliver the Goods to you after three (3) attempts; or

  1. Delivery was unable to be made after ten (10) days from the date of order.

 

3.5 We are also entitled, at our sole discretion, to withhold for investigation, refuse or reject to process any orders that we detect as bulk purchasing (exceed quantity limit), having questionable or erroneous information or payment details necessary to process the order and/or any other suspicious transaction.

3.6 In case client submitted an order online and wrong contact data are added company will have the right to cancel the order within one week from order day as our company will contact every client to confirm before dispatching any order.

  1. Delivery of your order

4.1 The Goods will be delivered to the address which you provided in your order.

 

4.2 We will endeavor to deliver the Goods to your specified address at the set date and time.

 

4.3 In case of any failure or delay in delivering the Goods to you at the set date, we will contact you as soon as possible with a revised estimated delivery date. In parallel, in case you were not available at your specified address at the time of delivery, we shall contact you to arrange re-delivery.

 

4.4 We may, at our sole discretion, withhold for investigation, refuse to process, restrict shipping destinations for, stop and/or cancel any order of Goods that breaches the provisions of this Terms and Conditions or in violation of the Applicable Law.

 

  1. Return, cancellation or replacement of the ordered Goods

 

5.1 Cancellation

  1. Pursuant to Clause 3.4 (a) above, you may only cancel your order if your request for cancellation has been received by the Kyveli, immediately prior to the shipping of your order for any reason.

 

  1. In case of payment by credit card or debit card and you have cancelled your order in accordance with the above provision; the authorization for payment of the Goods ordered will be voided and will not be reflected.

 

5.2 Return or replacement Goods

  1. In case you wish to return your order for replacement or exchange of certain Goods, you must submit to us a return request for the delivered Goods and return such Goods within fifteen (14) days of receipt of your ordered Goods with return cost paid by you except if the item is Defect or damaged (Section .8).

 

  1. Refund will only be issues for defect/damaged goods on arrival return form must be filled within (3) days of goods arrival for such cases.

 

  1. You agree that the Kyveli will acknowledge and process the refund of the listed price of the ordered Goods you wish to return upon the Kyveli’s acceptance of such Goods and such refund shall exclude the shipping or delivery charges you paid for. In relation to any replacement/exchange, you will have to place a new order for delivery/collection.

 

  1. You accept that the refund will be issued to you as follows:
  2. If paid by electronic means (i.e. credit or debit card), the refund shall be processed and reflected to the same card you used for payment. In case of payment by Digital Wallet, the refund will be processed and reflected back to your digital wallet;

 

  1. If paid by Cash on Delivery, the refund will be processed and reflected to your specified Digital Wallet or alternative methods if not applicable.

 

  1. Subject to our Return Policy, you accept that your refund shall only be initiated once the Kyveli e. We are also unable to accept returns, replacement or exchange of Goods in the following categories:
  2. Underwear;
  3. Lingerie;

iii. Fragrances;

  1. Health & beauty (i.e. skincare, make-up & cosmetics);
  2. Any other Goods which are personalized to your order;
  3. Goods that have been used or damaged by you or are not in the same condition as you received them;

vii. Any consumable Goods which has been used or installed;

viii. Goods with tampered or missing serial numbers;

  1. Goods that fall under specific categories, including food, beverages, household goods, digital books, swimwear, hosiery, underwear, socks, health, contact lenses, hygiene related and personal care products and certain baby products (e.g. tethers, diapers, hygiene tissues, feeding related products) music, video and video games;
  2. Any other categories, items or Goods that may be mentioned or classified in the listing as cannot be returned, replaced or exchanged on the Kyveli Site.

 

  1. In all cases, you are entitled to return, replace or exchange your received Goods only in the following cases:
  2. You have received a wrong order/Goods;
  3. There was a defect or damage in the Goods upon delivery;

iii. You have received the Goods materially different from the description listed and/or provided on the Kyveli Site;

  1. You did not open or use the Goods;
  2. You received the Goods but they do not meet the agreed specification (i.e. wrong size, color, etc.) stipulated or listed on the Kyveli Site;
  3. Any other circumstances which may be prescribed on the Kyveli Site from time to time.


 Exchange is not Applicable for Black Friday items or sale items

 

6.1 The price of the Goods shall be the price stipulated / listed on the Kyveli Site at the time you place your order on the Kyveli Site.

 

6.2 The price shall include, in addition to the purchased Goods price, any applicable sales, tax, VAT, or any other duties or fees which you will be liable to pay to us.

 

  1. Payment

 

7.1 In order to receive your order, you will have to make the relevant payment. All payment shall only be made to us. No other means or mode of payment shall be acceptable apart from the mode of payment available in the Kyveli Site. Thus, you authorize us or any of our authorized third-party payment processor to process your credit or debit card details for your order for us to collect and complete your payment.

 

7.2 In order to authorize a credit card, debit card or digital wallet payment, we may be required to create an account for you with our third-party payment processors. By accepting the Kyveli Terms and Conditions of Sale this signifies your automatic acceptance of the standard Terms and Conditions of the third-party payment processors, for submission of your personal information / details. Pursuant to this Terms and Conditions, you therefore hereby authorize us to do so, and we will not be liable to you for any damage or loss you may incur as a result.

7.3 We do accept payment by the following methods – in addition of any other method that we may state on the Kyveli Site:

 

  1. Credit or debit card;

 

  1. Cash on delivery, however, with an amount not exceeding AED 5,000. You may pay by cash on delivery subject to a fee that we (at our sole discretion) prescribe on the Kyveli Site for each order. We reserve the right to schedule the delivery time and the ordered Goods shall be handed over to you upon your payment in cash.

 

7.4 We are entitled to remove, add, modify and/or discontinue (temporarily or permanently) cards or other payment methods that we accept at any time without prior notice to you.

 

7.5 Usage of a gift voucher is within 1-month maximum from the date receiving the voucher (The validity of a gift voucher is 1 month only). 

 

  1. Defect or damage to your ordered Goods

 

8.1 Warranty. We shall only provide cover costs of returns and allow refunds in case of a damaged or a defect item.

 

  1. Warranties, guarantees and undertakings

 

9.1 You warrant, guarantee and undertake the following:

  1. Fully comply and will always continue to fully comply with all Applicable Laws, decrees and regulations, including any content regulations, and any policy/ies that we may set from time to time;
  2. Have full legal capacity and authority to enter into the Terms and Conditions and make the relevant payments in accordance with the Terms and Conditions set forth herein including all other policy/ies as we may issue from time to time;
  3. In case you purchase the Goods on behalf of a commercial entity, you have the full and legal authority to act on behalf of such entity;
  4. We are not liable nor responsible for any loss, damage and/or claims arising from your use of any Goods purchased or ordered;
  5. Provide us with any information and/or documentation that may be requested on the Kyveli Site for the continuance of your use and access of the Kyveli Services;
  6. Not to access any other person’s unless authorized to do so nor use any personal information or details obtained from any other person by the use of the Kyveli Services.
  7. Immediately and promptly notify us if you suspected or believe that an unauthorized third party may be using your account on the Kyveli Site or if your account information is lost, stolen or exposed to any other breach of security;
  8. Provide us with the required information relating to the fulfillment of the Goods you order;
  9. Indemnify, defend and hold us harmless against all loss, damages, costs, expenses and any legal fees incur by you in connection with the enforcement of our right under the Terms and Conditions; and
  10. Indemnify, defend and hold us harmless from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to any third-party claim concerning:
  11. Your use of the Kyveli Services (including any activities under your account and use by your permitted users, employees and personnel);
  12. Your breach of or violation of Applicable Law and/or the Terms of Conditions including other terms, conditions or any policy/ies as we may impose from time to time;

iii. Any material, information or Goods offered in your account in the Kyveli Site including any claim involving alleged infringement or misappropriation of third-party rights or by the use, development, design, production, advertising or marketing; or

  1. A dispute between you and Kyveli or any other person in relation to your purchased Goods.

 

9.2 Kyveli Services are provided "as is". We and our affiliates and licensors make no representations or warranties of any kind, whether express, implied, statutory or otherwise regarding the Kyveli Services or the third-party content, including any warranty that the Kyveli Services or third-party content will be uninterrupted, error free or free of harmful components, or that any content, including your content or the third-party content, will be secure or not otherwise lost or damaged. Except to the extent prohibited by law, we and our affiliates and licensors disclaim all warranties, including any implied warranties of merchantability, satisfactory quality, fitness for a particular purpose, non-infringement, or quiet enjoyment, and any warranties arising out of any course of dealing or usage of trade.

 

  1. Liability

 

10.1 To the fullest extent permitted by Applicable Law and notwithstanding any other provision of this Terms and Conditions, we including our authorized third-party providers (including our and their directors, officers, agents, employees, suppliers, subcontractors or licensors) will not be liable to you whether in contract, warranty, tort (including without limitation negligence, whether active , passive or imputed, product liability strict liability or other theory), or other cause of action at law, in equity by statute or otherwise, for:

  1. loss of use, loss of profits, pecuniary loss, loss of data, business interruption, loss of goodwill or failure to realise anticipated savings, in each case whether direct or indirect; or
  2. any direct, indirect, incidental, special, consequential or exemplary damages, even if a party has been advised of the possibility of such damages.

 

10.2 In addition to the foregoing, neither we nor any of our affiliates or licensors or authorized third party providers will be responsible (directly or indirectly) for any compensation, reimbursement, or damages arising in connection with:

  1. Any delay or failure of the delivery of your order;
  2. Any delay in the refund in case of cancellation of your order;
  3. Improper remedy of the defect of the Goods taken by you or any unauthorized service center / third party;
  4. Any alteration of the Goods without any prior agreement with us;
  5. Goods altered by you or any unauthorized service center / third party;
  6. Any defect in the Goods caused by your improper use;
  7. Any installation done by you or any unauthorized service center / third party that caused damage or defect to the ordered Goods.
  8. Your failure to adhere or comply with the instructions of the Goods including our policies;
  9. For any defect, damage, etc. in certain Goods that arises after the expiry of the warranty period mentioned in Clause 8.1 above;

 

10.3 Notwithstanding the provisions of this Terms and Conditions, if we are found to be liable by competent court, then we and our affiliates, licensors and third-party providers' aggregate liability will be limited to the lesser of: (a) the price you paid for the Goods purchased that gave rise to the claim during the 12 months' preceding the claim; or (b) AED 300.00

 

  1. Miscellaneous

 

11.1 Modifications the Terms and Conditions. We reserve our right to modify this Terms and Conditions at any time by posting a revised version on the Kyveli Site. By continuing to use the Kyveli Services after the effective date of any modifications to the Terms and Conditions, you agree to be bound by the modified terms.

 

11.2 Force Majeure. We and our affiliates will not be liable for any delay or failure to perform any obligation under the Terms and Conditions where the delay or failure results from any cause beyond our reasonable control, including acts of God, labor disputes or other industrial disturbances, systemic electrical, telecommunications, or other utility failures, earthquake, storms or other elements of nature, blockages, embargoes, riots, acts or orders of government, acts of terrorism, or war.

 

11.3 Notice. To send us notice under the Terms and Conditions, you must contact us as follows: (i) by telephone to +971 529106111; or (ii) by personal delivery, overnight courier or registered or certified mail to c/o Kyveli, 18th Floor, Suite1815, Business Bay, The Burlington Bay, Dubai, United Arab Emirates.

                                                                                                                   

11.4 No Waivers. Our failure to enforce any of the provisions of this Terms and Conditions will not constitute a present or future waiver of such provision nor limit our right to enforce such provision later. We reserve our right to waive any provision embodied in this Terms and Conditions and any waiver made by us shall only be effective if in writing.

 

11.5 Severability. If any portion of Terms and Conditions is held to be invalid or unenforceable, the remaining portions of Terms and Conditions will remain in full force and effect. Any invalid or unenforceable portions will be interpreted to effect and intent of the original portion. If such construction is not possible, the invalid or unenforceable portion will be severed from Terms and Conditions, but the rest of Terms and Conditions will remain in full force and effect.

 

11.6 Governing Law. Any disputes or claims arising out of or in connection with this Terms and Conditions, including but not limited to conclusion, execution, breach, performance, invalidity thereof, are governed by and construed in accordance with, the law of Dubai and United Arab Emirates. You irrevocably agree that the courts of Dubai (excluding DIFC Court) have exclusive jurisdiction to settle all such disputes or claims in relation to this Terms and Conditions and any issues that may arise hereunder.

 

11.7 Entire Agreement. The Terms and Conditions including any policy and/or instruction that we may set or amend from time to time is the entire Terms and Conditions between the parties and supersedes all prior or contemporaneous representations, understandings, agreements, or communications between the parties, whether written or verbal.