Terms & Conditions

By accessing, registering and/or continuing to use or access our Platform including our mobile application, you are agreeing to be bound by these Terms and Conditions and other the legal documents with immediate effect. Your continued use of the Platform following any such change constitutes your agreement to these Terms and Conditions and legal documents as so modified.

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

If you do not agree with any of these terms, you are prohibited from using or accessing this Platform. The materials contained in this webPlatform are protected by applicable copyright and trademark laws.

1. DEFINITIONS

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

“Kleyl Services” means the use of any services, information, details, etc. that are available on the our Platform.

“Goods/Services” means any Goods or Services available for sale or supply on the our Platform.

“Seller” means any licensed entity including its employees or any other permitted users that uses, registers and access the our Platform to sell Goods/Services to the Buyer.

“Platform” or “Platform” means this web Platform, www.kleyl.com and the mobile application.

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

“you” or “your” means any person who purchases Goods from the Seller on the our Platform.

2. ONLINE PLATFORM

Kleyl allows third party sellers to list and sell their products at it’s Platform. Kleyl facilitates transactions that are carried out on the marketplace. It is neither the buyer nor the seller of the seller's items. Accordingly, the contract formed at the completion of a sale for these third party products is solely between buyer and seller. It is not a party to this contract nor assumes any responsibility arising out of or in connection with it nor is it the seller's agent. The seller is responsible for the sale of the products and for dealing with any buyer claims or any other issue arising out of or in connection with the contract between the buyer and seller.

3. ELECTRONIC COMMUNICATIONS

We shall communicate with you electronically in a variety of ways including but not limited to e-mail, text, whats-app, notifications through our app or such other modes of communication. When you use any of our Platform, you are communicating with us electronically. Thus, when you communicate with us electronically, you agree with all the legal requirement as may be mandatory pursuant to the Applicable Laws specifically required for the different modes of communication.

4. NO ENDORSEMENT

You may not publicly represent or imply that Kleyl, or any of its member institutions, is participating in, or has sponsored, approved, or endorsed the manner or purpose of your use or reproduction of the any Service. Kleyl, or any of its member institutions, shall be entitled to prosecute, to the fullest extent of the law, any use of our Platform in a manner that falsifies, misrepresents, disparages, or fraudulently uses our Platform.

5. RIGHT TO SUGGESTION

We have the right to recommend products and services that might be of interest to you, which can be identified on the basis of your search preferences, past orders and our experience. You have the discretionary right to avoid any such recommendations.

6. ACCESSING THE PLATFORM; USERNAMES AND INTERACTIVE TOOLS

In order to access certain portions and features of the Platform, you may have to create a “username” and complete an account registration process. If you do so, you agree to provide accurate, current, and complete information about yourself as prompted by the Platform's registration forms. You also agree to update your account information in a prompt manner in order to keep it true, accurate, current and complete. You agree that all information you provide to register with this Platform or otherwise, including but not limited to through the use of any interactive features on the Platform, is governed by our Privacy Policy, (which is hereby incorporated herein by reference), and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

You are responsible for maintaining the confidentiality of your account password and username, and are fully responsible for all activities that occur under your password or username. Please immediately notify the Administrator for any unauthorized use of your password or username or any other breach of security.

Kleyl reserves the right, at its sole discretion for any reason or no reason at any time and from time to time and with or without notice to you, to modify or discontinue, temporarily or permanently, the Platform (or any part thereof) or to terminate your username and account and/or your access to the Platform (or any part thereof). Under no circumstances shall Kleyl be liable for any loss, damage, liability, or expense incurred or suffered which is claimed to result from your use of the Platform or Materials made available on the Platform, including without limitation, any fault, error, omission, interruption, or delay with respect thereto.

7. INTELLECTUAL PROPERTY RIGHTS

The Platform and its entire contents, features and functionality (including but not limited to all Posts, information, software, text, displays, images, video and audio, graphics and the design, selection and arrangement thereof), are owned by Kleyl, its member institutions, business partners, service providers, licensors, users or other providers of such material and are protected by international copyright, trademark, patent, trade secret or other intellectual property or proprietary rights laws.

Kleyl respects the intellectual property of others. If you believe that your intellectual property rights have been used in a way that gives rise to concerns of infringement, please contact us immediately.

8. USE OF THE PLATFORM

You may use the Platform lawfully for browsing and purchase purposes. You may post reviews, comments, feedback, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions or other information. However, you are prohibited from posting the following:

• Anything that violates any Applicable Law or encourage or provide instructions to another to do so.
• Anything that defames, abuses, harasses, stalk, threatens, or otherwise violates the legal rights (such as rights of privacy and publicity) of others.
• Posts any infringing, obscene, indecent, or unlawful material or information.
• Misrepresents your identity.
• Transmits, or procure the sending of, any advertising or promotional material.
• Anything that may result in defamation, without prior communication with Kleyl.

You represent and warrant that:

• You own or control all rights in and to your comments, reviews, recommendations, feedback, suggestions and you are responsible for them.
• All of your posts do and will comply with these Terms and Conditions.

Kleyl, in its sole discretion has the right to review, reject, or remove any and all posts at any time for any or no reason whatsoever with or without notice to you.

You agree to indemnify Kleyl for all claims brought by a third party against Kleyl arising out of or in connection with the content, posts and materials you supply except to the extent that any liability arises from our failure to properly remove the content when it is notified of the illegal nature of the content arising out of or on the grounds of, or originating from the content that you have communicated to us. Kleyl has the right but not the obligation to monitor and edit or remove any activity or content. Kleyl takes no responsibility and assumes no liability for any content posted by you or any third party.

9. KLEYL’S LIABILITY

Kleyl will ensure providing uninterrupted Service to its users. However, if the situation is beyond our reasonable control, Kleyl shall, except for ensuring smooth transition, it disclaims any and all liabilities arising to its users as a result of loss of profit, anticipated savings, indirect and consequential losses, merchantability, fitness for any purpose and the like.

Accordingly, Kleyl disclaims any liability arising out of losses resulting from any delay or failure to comply with our delivery dates under those circumstances. This condition does not affect your legal right to have goods sent or services provided within a reasonable time or to receive a refund if goods or services ordered cannot be supplied within a reasonable time owing to a cause beyond our reasonable control.

10. AMENDMENTS

Kleyl has the discretionary right to modify and amend these Terms and Conditions and its Platform without any notice or liability to you.

Kleyl may or may not notify you of any such amendment. Hence, you are expected to read these Terms and Conditions regularly for efficient utilisation of ourPlatform.

11. YOUR ORDER

11.1 You may purchase the Goods/Servicesby placing and completing the order form provided on ourPlatform. 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.

 

11.2 Each Goods/Services in your order shall be sold by the Sellers who are registered to access the Kleyl Services on the ourPlatform. The actual contract of sale therefore is directly between you and the Seller. 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 Seller's content or listing and/or Seller's ability and necessary authority to sell the Goods.

11.3 Order acceptance

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

11.4 Order cancellation

• You are only entitled to cancel your order if your cancellation has been received by Kleyl, immediately prior to the shipping of the Goods/Services ordered for any reason.
• We reserve our right to cancel your order in case of the following:
  • You did not provide the information, details or documents required for the completion or delivery of the Goods/Services you order;
  • You did not make the payment of the Goods/servicesupon confirming your order;
  • You did not allow us to deliver the Goods to you after three (3) delivery attempts;
  • Due to any pricing and/or promotional voucher code errors.
  • Goods/Services are not available with the Seller or are found to be defective before shipment.

11.5 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.

12. DELIVERY OF YOUR ORDER

12.1 The Goods/Services will be delivered to the address which you provided in your order.

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

12.3 In case of any failure or delay in delivering the Goods/Services 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 subject to clause 11 above.

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

Shipping

While shipping is the responsibility of the Seller, we guarantee transparency of the delivery fees, custom and import duties. Shipping time and costs, Custom and import duties might vary from the Seller to Seller and can depend on your and Seller’s locations. To see exact delivery time and applicable charges refer to My Order page where such will be calculated for your convenience.

Processing time is referred to the time used to accept your order and transfer it to a Seller for fulfilling the shipment. Usually it takes up to 24 hours to process your order.

Shipping time depends on the shipping method selected. Some of the Sellers might offer Standard or Express delivery which you can choose as per your own preference.

Shipping costs vary from the product to product which depends on the country the product ships from and a provider that executes the delivery. In some cases, you might be eligible for free delivery if the product ships from the same country of your location and if it is secured by a Seller.

Custom and import duties, if any, will be calculated for you during the check out so you will have a transparency of the charges so you can avoid unpleasant surprises on arrival of your order.

Shipment status will show you on which stage your order is at the moment.

You will be receiving email notification when the status of your shipment is being changed.

Please note that in case of placing the order from different Sellers you might have separate shipment numbers which will refer to particular items.

You will be able to find such information during the check out as well as in your email once the order has been processed. We are making sure that all the charges are transparent!

13. RETURN, CANCELLATION OR REPLACEMENT OF THE ORDERED GOODS

13.1 Cancellation

• Pursuant to Clause 11.4(a) above, you may only cancel your order if your request for cancellation has been received by Kleyl, immediately prior to the shipping of your order for any reason.
• 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 the funds shall remain on third party payment platform for a couple of hours before it is credited back to you.

13.2 Return, Refund or replacement Goods

For your smooth and pleasant experiences with Kleyl we offer flexible refunds and returns policy. When you return an item, you may see different return options depending on the Seller, item, or reason for return.

Return Procedure

In order to proceed with the return follow these steps:

• Visit My Orders page
• Click on the item you wish to return.
• Click on Return the Item
• Fill in the form with the Reason of Return. Add additional comments if needed.
• Click on Process Request

After you submit the request and if your return is approved,you will receive a confirmation with a ticket number via email with the instructions. You will be able to choose from Arrange Pickup or Ship by Myself depending on the product. If you choose Ship By Myself option make sure to use providers that offer the tracking of your shipment. Please note that you will be responsible for the shipment fees which might be a subject for refund based on the reason of the return and final examination.

Return Policy

• All returns are the subject to prior approval. Unauthorized returns may be refused or disregarded. In case of unauthorized returns all the costs and loss are the sole responsibility of the Customer.
• Returns with refund for the reason of damaged or wrong items, except for the furniture, shall be submitted not later than 3 days after receiving the shipment.
• Returns with exchange for the reason of an other desired color or size of the same item shall be submitted not later than 14 days after receiving the shipment. Customer will be responsible for additional shipping costs.
• Returns with exchange for the reason of an other desired item or a credit to Kleyl wallet shall be submitted not later than 14 days after receiving the shipment. Customer will be responsible for additional shipping costs.
• In all cases, return of Furniture, shall be done immediately at the time of delivery, failing which the said furniture shall be deemed to be accepted in full
• All the returned items have to be sent in the original packaging with all the original tags and labels. Absence of such might result in disregarding your request.
• All returned items will be examined by us for a subject of previous use and damage. Any unqualified returns will be returned to the customer at the customer's expense.
• All the sales of discounted items are final. No returns for refund, exchange or credit will be processed.
• Some of the items might have a Special Return Policy. Please refer to the Item’s Page for more details. If it is not specified the standard returns terms & conditions will apply.
• Gift Cards cannot be returned or exchanged for cash.
• All approved returns shall be refunded by way of credit in Kleyl Wallet.Cancellation charges, may apply.
• Points shall be credited to your account on each purchase. A minimum of 10,000 points will have to be earned to avail AED 50 discount.
• For the credit to reflect on the Kleyl wallet it might take up to 7 business days after the return is processed.
• In all cases, you are entitled to return, replace or exchange your received Goods only in the following cases:
  • You have received a wrong order/Goods;
  • There was a defect or damage in the Goods upon delivery;
  • You have received the Goods materially different from the description listed and/or provided on the ourPlatform;
  • You did not open or use the Goods;
  • You received the Goods but they do not meet the agreed specification (i.e. wrong size, color, etc.) stipulated or listed on the ourPlatform;
  • Any other circumstances which may be prescribed on ourPlatform from time to time.
• In all events, returns shall be approved after reviewing of warranties and applicable policies,

14. PRICE

14.1 The price of the Goods/Services shall be the price stipulated / listed on the ourPlatform at the time you place your order on the ourPlatform.

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

15. PAYMENT

15.1 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 on the ourPlatform. 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.

15.2 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 Kleyl Terms and Conditions,it 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.

15.3 We do accept payment by the following methods – in addition of any other method that we may state on the ourPlatform;

Credit or debit card;

15.4 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.

16. DEFECT OR DAMAGE TO YOUR ORDERED GOODS

16.1 We shall not provide any warranty for any of the Goods ordered on the OurPlatform. The warranty on the Goods purchased shall only be provided and directly covered by the Sellers registered on the ourPlatform and such warranty including its details shall be expressly stated on the respective Seller’s listing on the ourPlatform.

16.2 If a Warranty is offered directly by the Seller, if applicable in terms and duration, this information will be mentioned in the description of the product on the webPlatform, then the Seller may be contacted directly via the Communication Center on the webPlatform. You acknowledge that the actual contract of sale is directly between you and the Seller. Thus, we shall not be responsible for any warranty claims and you indemnify and hold us harmless against any of such claims, damages, compensation and any other claims that may arise out of such warranty obligation.

17. WARRANTIES, GUARANTEES AND UNDERTAKINGS

17.1 You warrant, guarantee and undertake the following:

• 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;
• 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;
• In case you purchase the Goods/Services on behalf of a commercial entity, you have the full and legal authority to act on behalf of such entity;
• We are neither liable nor responsible for any loss, damage and/or claims arising from your use of any Goods/Services purchased or ordered;
• Provide us with any information and/or documentation that may be requested on ourPlatform for the continuance of your use and access of the Kleyl Services;
• Not to access any other person’s account unless authorized to do so nor use any personal information or details obtained from any other person by the use of the Kleyl Services.
• Immediately and promptly notify us by email if you suspected or believed that an unauthorized third party may be using your account on ourPlatform or if your account information is lost, stolen or exposed to any other breach of security;
• Provide us with the required information relating to the fulfilment of the Goods/Services you order;
• 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
• 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:
  • Your use of the Kleyl Services (including any activities under your account and use by your permitted users, employees and personnel);
  • 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;
  • Any material, information or Goods offered in your account onourPlatform including any claim involving alleged infringement or misappropriation of third-party rights or by the use, development, design, production, advertising or marketing; or
  • A dispute between you and Seller or any other person in relation to your purchased Goods/Servies.

17.2 Kleyl 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 Kleyl Services or the third-party content, including any warranty that the Kleyl 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.

18. LIABILITY

18.1 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:

• 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
• any direct, indirect, incidental, special , consequential or exemplary damages, even if a party has been advised of the possibility of such damages.

18.2 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:

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

19. CUSTOM DUTY

When ordering products from Kleyl for delivery outside of the UAE you may be subject to import duties and taxes, which are levied once the products are delivered at the destination. Any additional charges for customs clearance must be borne by you; we have no control over these charges.

20. MISCELLANEOUS

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

20.2 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.

20.3 Notice: To send us notice under the Terms and Conditions, you must contact us as follows:

• By telephone to +971 50 226 7018; or
• By personal delivery, overnight courier or registered or certified mail to Prime Tower, Marasi Drive St, Business Bay, Dubai, UAE.

20.4 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.

20.5 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.

20.6 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 laws of United Arab Emirates. You irrevocably agree that the courts of Dubai in United Arab Emirates,have exclusive jurisdiction to settle all such disputes or claims in relation to these Terms and Conditions and any issues that may arise hereunder.

20.7 Entire Agreement: These 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.

20.8 English version shall prevail: This webPlatform shall be translated to the language selected by you. Should there be any inconsistency or conflict between the English and translated version of the Agreement, the English version shall prevail.

20.9 Our Contact Details:

Address: Office: 3101, Prime Tower, Marasi Drive St, Business Bay, Dubai, UAE.
Email: [email protected]
Tel: +971 50 226 7018