Welcome to www.kaial.com, a website (â€œSiteâ€) owned by Kaial Beauty Equipment Trading LLC (â€œKAIALâ€, â€œWeâ€, â€œUsâ€, or â€œOurâ€).
Selling prices are fixed by the price list in force, as indicated on our Site at the time of the purchase.
Sales taxes and other applicable charges are included as part of the total invoiced cost. These charges are included as part of the Customerâ€™s balance with the understanding and agreement that the Customer is responsible for the total invoiced cost.
KAIAL reserves the right to change prices at any time.
We accept the following payment methods/options:
- credit/debit card;
- cash on delivery; or
- in installments, if your order qualifies for this option.
In order to authorize credit/debit card payments or payment in installments, we may be required to create an account for you with our third-party payment processors, including accepting their standard terms and conditions and submitting your details to them on your behalf. You hereby authorize us to do so and we shall not be liable to you for any damage or loss you may incur as a result.
We may remove or add payment methods/options at any time at our sole discretion.
Our acceptance of your order will take place when we notify you of our acceptance in writing (e.g. by email or mobile messaging). If we are unable to accept your order, we will inform you of this in writing or through a call and will not charge you for the product.
You may cancel your order immediately prior to shipping for any reason.
We may cancel your order(s) if:
- you do not make the corresponding payment when it is due,
- you do not provide us the necessary information to fulfill your order,
- you do not allow the delivery of your order; or
- if we are not able to fulfill your order due to any reason including but not limited to unavailability of products or issues encountered with our delivery partners.
The expected delivery date will be notified to you at the time of your order acceptance confirmation.
If the delivery of your order is delayed by an event outside of our control, we will contact you as soon as possible to inform you of the expected delay and take all steps necessary to get your order delivered as quickly as possible.
If no one is available at your address to take delivery and the products cannot be left on your premises, we will notify you of how to rearrange delivery or collect the product;
If you do not collect the product from us as arranged or if, after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot, we will contact you for further instructions. If despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection, we will cancel your order.
ID Requirement Upon Delivery. We may, at our sole discretion, make any inquiry we deem necessary to verify your identity and/or ownership of your financial instruments by requesting that you provide us with further information or documentation, including, but not limited to requesting a form of identification and/or credit card. If we are unable to verify or authenticate any information you provide, we have the right to refuse delivery and cancel the order.
The costs of delivery will be as displayed to you on our Site and your invoice.
Title to Products
A product will be considered owned by you and your responsibility from the time we deliver the product to the delivery address and you have paid for the product.
We will issue an electronic invoice for your purchase and send such an invoice to the email address you provided to us.
Returns of Resalable Products
The return of products (excluding electrical items and shears) may be requested within 5 days of purchase with an original receipt. Merchandise must be in unused, in original unbroken packaging and must include all tags. Electrical items and shears may be requested within 2 days of purchase
Returned resalable products with original receipt will be refunded or exchanged.
Returns must not exceed AED 1,000 and must include an original receipt.
Product returns will not be accepted after 5 days from the delivery date and electrical items and shears will not be accepted after 2 days from the invoice date.
Makeup brushes, combs, brushes, and hair extensions are not returnable and all sales of such products are final. (Cosmetics may be returned if unopened.)
Returns will not be accepted for unsellable products. Unsellable products include, but would not be limited to, products that have been used or damaged by you or are not in the same condition as you received them and/or products with tampered or missing serial numbers.
Damaged and Non-Conforming Products
Returns are allowed for damaged products received by you and products shipped by error to you. Such products can be returned within five (5) business days from the date of reception by the customer. In the case of a damaged product, we will refund or replace the product at the discretion of the customer upon proof of damage and verification by an authorized KAIAL representative.
Returned equipment must be in the original carton and unused condition. Equipment return requests must be submitted within 5 days of invoice. The Customer is responsible for all freight costs associated with this type of return.
You may contact us through email, social media, or live chat on the Site, or by calling our call center on [XXXXX] to arrange a return.
We will refund to you the product amount (excluding the amount paid for the original shipping fees) in full, plus the cost of return [and you may pay the costs of return shipping].
We will issue a refund to you depending on the method you used for payment, as follows:
- if you paid by cash on delivery, we will issue an issue a credit to your account;
- if you paid by credit/debit card, you can choose to have a refund by credit/debit card or have a credit on your account.
Your refund will be initiated once your product is received back in our customer fulfillment center and inspected by our team, and the final refund will be received by you as follows:
- if the refund is to your credit/debit card, within thirty (30) days from the day on which we receive the product back in our customer fulfillment center;
- if your refund is as a credit on your account, you will receive the refund immediately after your product is received back in our customer fulfillment center and inspected by our team; or
- if you have canceled your order before shipping, an automated refund will be provided back to you.
Warranties, Representations & Undertakings
You warrant, represent, and undertake that:
- you shall fully comply and will at all times continue to fully comply with all applicable laws, statutes, and regulations, including, without limitation, all privacy laws and content regulation;
- you have full power and authority to enter into these Terms of Sale, and make payment in accordance with these Terms of Sale; and
- you are authorized to act on behalf of the professional salon registered with us.
Our services are provided to you on an â€œas isâ€ basis without representations, warranties, or conditions of any kind. We disclaim all warranties, conditions, and representations of any kind, whether express, implied or collateral, including, but not limited to, all conditions, representations or warranties of merchantability, of fitness for a particular or general-purpose, of non-infringement, of compatibility or that our services are secure or error-free or will operate without interruption or will be provided in a timely or proper manner or at all.
Nothing in these Terms of Sale shall limit or exclude a partyâ€™s liability:
- for fraud, including fraudulent misrepresentation, perpetrated by that party;
- for death or personal injury caused by the negligence of that party; or
- for any other liability that cannot be limited or excluded under applicable law.
In no event will we, our subsidiaries and affiliates, and our and their directors, officers, agents, employees, suppliers, subcontractors or licensors be liable, whether based on an action or claim in contract, tort, negligence, breach of statutory duty or otherwise arising out of or in relation to these Terms of Sale for loss of profits, loss of data or information, business interruption or other pecuniary loss or for any special, indirect, incidental or consequential damages, even if we, our affiliates, directors, officers, agents, employees, licensors, subcontractors or suppliers have been advised of the possibility of such damages.
In addition, to the extent permitted by applicable law, we (including our subsidiaries and affiliates and our and their directors, officers, agents, employee, suppliers, subcontractors or licensors) are not liable, and you agree not to hold us responsible, for any damages or losses resulting directly or indirectly from:
- supplying the products late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it or making payment as required;
- damages that may result from the unauthorized repair of the product;
- loss of any saved/stored data in products that are either repaired or replaced;
- reliance by you on the content or other information provided on the Site with respect to the product you order;
- your use of or your inability to use the ordered product;
- delays or disruptions to our Site or our services;
- viruses or other malicious software obtained from the use of the ordered product;
- damage to your hardware device from the use of your ordered product; or
- your loss of or inability to do business or similar as a result of our inability to deliver the product to you.
Subject to clauses above, the total liability (including legal fees) applicable to us, our parent company, subsidiaries and affiliates, and our and their directors, officers, agents, employees, suppliers, subcontractors, or licensors, to you, whether based on an action or claim in contract, negligence or breach of statutory duty or otherwise, arising out of or in relation to these Terms of Sale shall be limited to the lesser of, a) the price the product sold for on our Site and its original and return shipping costs; or b) AED 300.
You agree to indemnify and hold us, our parent company, subsidiaries, and affiliates, and our and their directors, officers, agents, employee, suppliers, subcontractors, or licensors harmless from and against any losses, damages, and expenses (including legal fees and attorneyâ€™s fees) arising out of or relating to:
- any claims or demands made by any third party due to or arising out of your use of the Site and our services;
- your violation of any of provisions of these Terms of Sale, including, without limitation, any of the warranties, representations, and undertakings; or
- your violation of any applicable laws.
These Terms of Sale and any non-contractual rights or obligations arising out of or in connection with it shall be governed by and construed in accordance with the laws of Dubai.
If you are not satisfied with any products that you have purchased using our Site, you should contact us through email, social media, or live chat on the Site, or by calling our call center on +971 50 969 4107.
If you are unable to resolve your issue within forty-five (45) days of your notification of this issue, any disputes or claims arising out of or in connection with these Terms of Sale, including any non-contractual rights or obligations arising out of or in connection with these Terms of Sale shall be referred to and finally resolved by arbitration under the Arbitration Rules of the DIFC. The seat, or legal place, of arbitration shall be Dubai International Financial Centre. The language to be used in the arbitration shall be English.
Third Party Rights
A person who is not a party to these Terms of Sale has no right to enforce any of its term.
Relationship of the Parties
Nothing contained in these Terms of Sales will be deemed or construed by the parties or any third party to create the relationship of partnership or joint venture between the parties, it being understood that the parties will at all times remain independent parties contracting for services.
The parties will do and execute or arrange for the doing and executing of each necessary act, document and anything reasonably within its power to implement and give effect to these Terms of Sale to its full extent, including, without limitation, assisting each other in complying with applicable law.
These Terms of Sale will be binding upon and ensure to the benefit of the parties and their respective successors and permitted assigns. You agree that you will not assign or transfer these Terms of Sale or any of your rights or obligations under these Terms of Sale, whether directly or indirectly, without first obtaining our prior written consent, such consent not to be unreasonably withheld.
These Terms of Sale and the documents referred to or incorporated herein by reference contain the entire agreement between the parties with respect to the subject matter and supersede all prior agreements, negotiations and representations, written or oral, relating to its subject matter. Except as provided in these Terms of Sale and the documents referred to or incorporated into these Terms of Sale by reference, there are no conditions, representations, warranties, undertakings or agreements between the parties whether direct, indirect, collateral, express or implied.
These Terms of Sale cannot be modified, varied, amended or supplemented in any way by you. We reserve the right to modify, vary, amend or supplement these Terms of Sale at any time and from time to time. We will post the current version of these Terms of Sale on the Site and each such change will be effective upon posting on the Site or upon the date designated by us as the â€œeffective dateâ€ (if any). Your continued use of the Site and our services following any such change constitutes your agreement to be bound by and its acceptance of these Terms of Sale as so modified.
If any provision of these Terms of Sale is determined by any court of competent jurisdiction to be invalid, illegal or unenforceable, that provision will be severed from these Terms of Sale and the remaining provisions will continue in full force and effect so long as the economic or legal substance of the transactions contemplated hereby is not affected in any manner materially adverse to either of the parties.
Neither party will be liable for any loss or damage or for any delay or failure in performance due to acts beyond the control of such party whether or not such acts could reasonably be anticipated (including acts of God, legislative, judicial or regulatory acts of any provincial or the federal government, court or regulatory authority, acts of any of our subcontractors or any third party providers of goods or services to us, labour disruptions, blackouts, embargoes).
Any waiver by us of any of the provisions of these Terms of Sale will not constitute a waiver of any other provision (whether similar or not), nor will any such waiver constitute a continuing waiver of that particular provision, unless expressly provided by us in writing.
All provisions that either expressly or by their nature survive, will survive suspension or termination of your membership of the Site.