DELIVERY, WARRANTY, AND RETURN POLICY

Last Update: February 2024
This document outlines the terms and conditions governing the delivery, warranty, and return policy ("Policy") of Hardwares (“Hardware”), purchased online by individuals or businesses (“Purchaser”) through the Kmall platform ("Kmall", the “Supplier”).
By purchasing any of the Hardwares available in the website, you acknowledge, read and understand the present Policy related to your purchase.
Your acceptance of all the related documents such as Terms and Conditions, Privacy and Cookies Policy, this Policy and all other documents related to the Hardware being purchased by you are essential to ensure a seamless and satisfactory experience with the Hardwares.
  1. 1.
    General Provisions
The General Terms and Conditions shall apply in conjunction with this Policy, along with the Privacy and Cookie Policy which are complementary parts of the present document in conjunction with all applicable terms, and conditions you have agreed to in purchasing the Hardware.
  1. 2.
    Shipping Method
Our courier partner is UPS Gulf LLC (Dubai Branch), with business operations on the 25th Floor, Al Moosa Tower 2, Sheikh Zayed Road, Dubai, UAE (“Courier”). The Courier will provide the Delivery Service for the fulfillment of your purchase and is able to ship to the physical address within the given locations upon checkout, under the following conditions:
● Purchaser is aware our courier partner may vary based on delivery location.
● Supplier shall update Purchaser upon dispatch of their Hardware.
  1. 3.
    Process of Shipping and Delivery Fees
Purchases of any Hardware are delivered by courier only, there is no alternate method of receiving the purchased Hardware. Therefore, all such purchases are subject to applicable conditions and transportation fees (“Delivery Fees”), which vary on the location of the Purchasing and the Purchaser agrees once the order is placed. The process of Shipping and related Fees follow the conditions outlined below:
● Deliveries can be expected within ninety (90) working days (Monday to Friday), from the end of pre-sale.
● Delivery Fees are subject to variation based on the location you are receiving your order.
● The applicable Delivery Fees will be calculated automatically upon checkout when you purchase on the website based on the location where the Hardware is requested to be delivered.
● Delivery Fees are solely paid by the Purchaser.
● Multiple shipments may lead to multiple charges appearing on the monthly statement of the Purchaser. The charges can be found during the checkout process.
  1. 4.
    Delivering Restrictions and Applicable Laws and Regulations
We strictly adhere to the Laws of the United Arab Emirates and do not engage in any transactions or offer services or Hardwares to any countries under the sanctions of OFAC (Office of Foreign Assets Control), EU and UN.
Purchaser acknowledges and accepts that if his/her/they country became object of international sanctions after buying the hardware, but before the delivering, herefore, we are not liable for any loss or damages that originated from those changes.
  1. 5.
    Delivery of Hardware
The Purchaser shall not refuse to receive Hardware. Any refusal to complete the Hardware receiving process, originating from the conduct of the Purchaser constitutes a breach of this Policy, therefore, the Purchaser is not entitled either to not receive the item nor any refund.
All delivery shall operate between 9 am to 6 pm, local time, Monday to Friday, subject to any unforeseen delays or public holidays, for which the Supplier shall not be held responsible.
  1. 6.
    Notifications of Delivery
Should it be permitted by the selected Courier to deliver to your destination, you may receive regular updates on your order status through the given Courier’s tracking services.
Supplier will confirm your order via email upon receiving the payment. The delivery of the purchased Hardware will be concluded within 90 working days, subject to the location of the delivery.
  1. 7.
    Payment & Delivery
If the Purchaser wants to change any detail on the delivering order, it is necessary to access the UPS portal using the due link delivered to your email address and proceed with the change in accordance with the UPS delivery policies.
Purchasers might bear any additional costs to have the goods delivered to a different location if applicable under the terms and conditions established by each UPS. Likewise, the Purchaser will not receive a refund for the previous Delivery Fees.
  1. 8.
    Delivery Information
The Hardware purchased will be delivered to the delivery address specified in your order. Please ensure that you provide the correct delivery details and contact information to ensure there is no delay in the delivery due to misinformation.
The Supplier reserves the right to charge the Purchaser with additional fees for any additional delivery attempts, missed shipment, shipping returned or rejection of goods, or any other fees incurred due to incorrect delivery information due to the Purchaser's incorrect inputs on the delivery information.
  1. 9.
    Customs, Duties, and Taxes
Price at checkout do not include all customs, duties, taxes, and any kind of additional fees related to the purchasing of the goods. Should these additional fees not be paid and the Hardware returned to the Supplier, the Supplier shall not be responsible for issuing a refund and the Purchaser will be required to pay the consequential Delivery Fees and any additional fees required for re-shipment.
  1. 10.
    Payment Confirmation
Once the payment is made, the confirmation notice will be sent to the client via email within 24 hours after the order is placed. It is the Purchaser’s responsibility to provide an updated email address or phone number to receive the payment confirmation.
  1. 11.
    Packaging
Supplier shall properly prepare, secure, and package the Hardware in a manner suitable for shipment to provide adequate protection against damage in transit.
  1. 12.
    Warranty and Exclusions
All Hardware includes a standard warranty for two years (the “Warranty Period”) provided by the Supplier. Claims on the standard warranty might vary depending on the jurisdiction where the Purchaser is located.
For an additional cost, the Supplier provides extended warranty plans, available to the Purchasers for their Hardware regulated by their own terms and conditions (Extended Warranty Plans).
The Extended Warranty Plans on your Hardware depends on the package you have purchased. Damage caused by shipping will be covered only to the extent provided in the terms and conditions governing each individual plan.
Exclusions
Except to the extent prohibited by law, the following are not covered by this warranty: defects which relate to (i) normal aging of the Hardware, such as discoloration or stretching; (ii) damage caused by misuse, accident (which, depending on the specific Hardware, may consist of accidental physical impact, exposure to liquid, food or other contaminants, etc.), neglect, improper or unauthorized repair or other modification, tampering, or use with unsuitable hardware, software, services or third party’s Hardwares; (iii) consumable parts, such as batteries, the performance of which normally diminishes over time, unless such failure has occurred due to a defect in materials or workmanship; (iv) cosmetic damage, such as scratches, nicks, and dents, unless caused by Supplier; (v) use not in accordance with the Hardware documentation; (vi) used or resold Hardwares, except with respect to covered Refurbished Hardwares (as defined below) purchased or supplied directly from Supplier or an authorized retailer or reseller; (vii) Hardwares purchased from sources (including non-authorized online auctions) other than Supplier or authorized retailers or resellers; (viii) non-Supplier Hardwares; (ix) use in violation of any laws in effect where the Hardware is used; (x) a Hardware not currently running the latest version of Supplier-issued software; (xi) features or performance parameters pertaining to any software or services beyond the Warranted Functionality; or (xii) any support services or software provided in connection with the Hardware.
This Warranty does not include any specific guarantees that the Hardware will be error-free or, regarding uptime or continued availability of data security features of software or online accounts, that any software, firmware or online sites will function uninterrupted or error-free.
This limited Warranty is void if a Hardware is returned with removed, damaged or tampered labels or any alterations that are not part of the normal and intended use of the Hardware, including the unauthorized removal of any component or external cover. This Warranty does not cover data or assets loss; it is your responsibility to regularly back up your data and secure your device from unauthorized access to your device. Any damages or costs related to data/assets loss, data recovery, removal and installation are not recoverable under this Warranty.
  1. 13.
    Limitation of Liability
Except to the extent prohibited by law and regardless of whether Supplier was advised of the possibility of such damages, Supplier does not assume any liability for any special, indirect, incidental, punitive or consequential damages of any kind whatsoever arising from or in connection with a Hardware or this Warranty including but not limited to loss of profits or revenues, loss of data, loss of assets, use of the Hardware or any associated equipment, cost of any replacement goods or substitute equipment, or loss of use during the period that the Hardware is being replaced or repaired and Supplier’s liability for any claim arising out of or related to this Warranty shall not exceed the price paid by you for the Hardware, regardless of the form of action, whether in contract, tort (including negligence), strict Hardware liability or any other cause of action or legal or equitable theory.
  1. 14.
    Force Majeure
Supplier shall bear no liability under or be deemed to be in breach of this Policy for any delays or any kind of failures in fulfilling its obligations under this Policy which are consequences from a Force Majeure event.
  1. 15.
    Returns and Replacement
The returning policy on eligibility will be governed by the following clauses:
● Only Hardwares that are unused, unopened, and in their original packaging are eligible for return, for the following reasons:
● The Hardware must be in the same condition as when it was received by the Customer.
● If the Hardware has been opened, we will determine whether it’s eligible for return under our sole discretion.
● If you find a defect after opening or using the Hardware, it won’t be eligible for return. Instead, the manufacturer’s repair or replacement warranty will cover it.
Timeframe:
● Purchaser shall initiate the returning claim and process up to fourteen (14) days from the date when the hardware was delivered to the Purchaser, according to the present terms and conditions, and applicable laws and regulations.
● After the specified timeframe, returns will not be accepted besides the applicable Warranties and Extended Warranty Plans.
Return Procedure:
● To initiate a return of the Hardware for repair or replacement, raise a ticket online at support.lyotechlabs.com under the dedicated section ‘Return Merchandize Authorization (‘RMA’), including full details of your request.
● You are responsible for the cost of shipping the Hardware back to the Supplier unless the return is due to our error or a defective Hardware.
Inspection and Approval:
● Once we receive the returned Hardware, our team will inspect it to ensure it meets the eligibility criteria mentioned above.
● If the Hardware passes the inspection, we will process the return and issue a refund according to our refund policy.
  1. 16.
    Replacement and Reimbursement
● Only replacement applied in case of wrongworking Hardwares and in accordance with these terms and conditions.
● The Purchaser agree that reimbursement is not applicable, as the structure of rewards and the participation of Platform members does not allow reimbursement
● Damaged or Defective Hardwares: If you receive a damaged or defective Hardware, please contact our customer support immediately to initiate the return and refund process. We may require photographic evidence or other documentation to assess the damage or defect before proceeding with the return and refund.
  1. 17.
    Hardware Availability
The Supplier will supply all Hardwares ordered in conformity with this Policy. Shortages in the dispatching of orders shall be informed to the related Purchaser via the registered email. Nonetheless, the Supplier is responsible for the availability of any Hardwares.
  1. 18.
    Delivery Delays
All delivery time estimations given by the Supplier are for mere indication purposes. They do not constitute any guarantees or promises for the completion of delivery within these times.
  1. 19.
    Missed and Damaged Orders
If you do not receive your order, or your order is damaged in transit, the Purchaser shall contact our support team at [email protected].
  1. 20.
    Contact Us
Should you have any inquiries or require further clarification concerning these terms and policies, contact [email protected].
  1. 21.
    Applicable Law and Dispute Resolution
These Terms and their interpretation shall be governed by the laws of the British Virgin Islands. For any disputes that cannot be amicably resolved, the courts of the British Virgin Islands shall have the exclusive jurisdiction to resolve the dispute.
  1. 22.
    Cancellation
Purchasers can cancel orders of purchased Hardware that have not entered the shipping process. However, the cancellation of an order shall be made within twenty four (24) hours from the time of the order confirmation.