Welcome to Khyva’s Terms and Conditions. These Terms and conditions apply to the use of www.Khyva.com. By accessing, browsing or placing an order, you agree to be bound by these terms. If you do not agree to the terms stated below, you should not use this site (www.khyva.com)
Welcome to KHYVA.
Anywhere the word “KHYVA”, “We”, “Us” or “Our” is used in this document; it will be referring to the company and the services provided by KHYVA. Please read this terms and conditions carefully. By using www.khyva.com or ordering products from this website, herein referred to as the “Site”, you agree to be bound by all of the terms and conditions of this agreement. If you do not agree to this Terms and Conditions, the best thing is to stop using this site.
2.1 Fees and Payment Terms
a) All prices quoted on this website are inclusive of UK taxes (VAT) at the current rate (20%). For orders placed outside of the European Community it is your responsibility to claim any tax back.
b) Any customs or import duties levied once the product reaches your destination country will be your responsibility as we have no control over these charges and cannot predict them.
a) KHYVA only accept credit card and debit card payments. You must provide KHYVA with valid payment information in connection with your orders.
b) By providing us with your payment information, you agree that (i) KHYVA is authorized to immediately invoice your account for all fees and charges due and payable to KHYVA hereunder, (ii) KHYVA is authorized to share any payment information and instructions required to complete the payment transactions with our third-party payment service providers (e.g., credit card transaction processing, merchant settlement, and related services).
c) You agree to immediately notify KHYVA of any change in your payment information.
2.1.3 Change in pricing
KHYVA reserves the right at any time to change its prices and billing methods. If payment cannot be charged to your payment card or your payment is returned for any reason, we reserve the right to either suspend or terminate your access to the unpaid-for services.
2.1.4 Currency conversion
If you are shopping from outside the United Kingdom, place your order and your credit card company will convert the transaction to your own currency.
2.2.1 Order Acceptance
a) Any order you submit to KHYVA constitutes an offer to purchase.
b) If you do not receive a message from KHYVA confirming receipt of your order, please contact our Customer Service department before re-entering your order. The confirmation of receipt of your order does not constitute our acceptance of your order.
c) KHYVA is only deemed to have accepted your order once the products you ordered have been shipped.
2.2.2 Confirmation of order
Once your order has been placed, the summary order details will be displayed. You should print or save this page for your records.
2.2.3 Order processing
a) Before your order can be processed, KHYVA will request some personal information from you during checkout. These may include name, shipping address, telephone number and financial information including credit card number and expiration date.
b) This information is for billing purposes only and to fulfill your orders. If we have trouble processing your order, we will use this information to contact you.
c) We require that you review and consent to our Terms and Conditions before placing order.
2.2.4 Order Issues
Although we strive to accept all valid orders, KHYVA reserves the right to deny any order for any reason, including if: (i) we discover an error in pricing and/or other information about the Product or receive insufficient or erroneous billing, payment, and/or shipping information, (ii) we suspect an order has been placed using stolen payment card information or otherwise appears to be connected to fraud, or (iii) the ordered item(s) or service is unavailable due to discontinuance or otherwise. We may also refuse any order that is connected with a previous payment dispute.
2.2.5 Order Cancellation and Refunds
220.127.116.11 Order Cancellation policy
a) Orders can only be cancelled before it is dispatched for delivery. You can notify us by email at [email protected]
b) KHYVA reserves the right, if any product is discontinued or otherwise becomes unavailable to (i) cancel your order and provide you a refund for the amount paid for the Product (ii) substitute the product with a similar product or (iii) issue you a pro-rata refund.
2.3 Refund Policy
KHYVA does not issue refunds once the order has been successfully shipped. However, there may be exceptional cases where a refund may be appropriate. These include:
i. Items with damaged, missing parts or not in its original condition for reasons due to manufacturer’s error
ii. Items that do not meet the standards on receive
iii. Items that are not delivered within 30 days from the date of purchase
Note: The rights to return the products will not apply if the product has been used or not in its original condition. You can request a refund by emailing KHYVA support at [email protected]
2.3.1 Shipping for refunds
a) All returns must be shipped directly to KHYVA;
b) You are responsible for the return shipping cost(s) as well as resending the parcel, and it is non-refundable;
c) Depending on your location, the time it may take for the product to get to us may differ;
d) While shipping the item, ensure that the package is wrapped securely. And for your protection, we recommend that you consider using a trackable shipping company.
e) KHYVA cannot assure you that we will get the returned items, and cannot accept any liability for goods loss in transit.
f) If you have any inquiries or require assistance resolving a query, please contact our support team at [email protected]
2.3.2 Refund payments
KHYVA aims to handle your returns within 7 business days of receiving the goods. Upon receipt of the items and your refund is approved, it will take about 30 days for the original credit/debit card used to be credited.
2. 3.3 Late Or Missing Refund (If Applicable)
If you are yet to receive a refund after 30 days, you should ensure to check your bank account. Then, you should;
a) Contact your card issuer, though it may take a while before the refund is formally uploaded.
b) Contact your financial institution. There is usually some processing time before a refund is posted.
c) If after all these you are yet to receive the refund, please contact us at [email protected]
3.1.1 To purchase items from KHYVA, you must first register with us and then follow the set out ordering procedures on the relevant order page.
3.1.2 Your Account is for you only and on no account should you share your account details (username and password) with any other person or with multiple users on a network.
3.1.3 We may suspend or cancel your registration immediately at our reasonable discretion or if you breach any of your obligations under these terms and conditions.
3.2 Buying from our website
3.2.1 Details of the prices for the Products and the procedures for payment and delivery are displayed on or through our website. The price of any Product is the price in use at the time and date of your order.
3.2.2 You agree that all information provided for the purpose of purchasing items from our website are correct, and that the credit or debit card, or any electronic cash, which you use is your own and that there are sufficient funds to cover the cost of any product purchased.
3.2.3 We reserve the right to obtain validation of your credit or debit card details before providing you with any goods or services.
3.3 Limitation of liability
3.3.1 In no event shall KHYVA, its employees, affiliates or suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data, usage interruption, arising out of or in any way connected with the use or performance of the product or the site, with the delay or inability to use the site or related services, the provision of or failure to provide services, or for any information, products, services and related graphics obtained through the site, or otherwise arising out of the use of the site, whether based on contract, tort, negligence, strict liability or otherwise, even if KHYVA or any of its suppliers have been advised of the possibility of damages.
3.3.2 If your states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. If you are not satisfied with any portion of momentcams.co.uk or their services, your sole and exclusive remedy is to discontinue using them.
3.4 Copyright, license, Limitation of use
Unless otherwise stated, all contents included on this site, such as text, graphics, logos, button icons, images, manuals, audios and videos are properties of KHYVA and is protected by copyright trademark and other laws that protect intellectual property and proprietary rights.
You are granted a non-transferable, non-exclusive limited license to KHYVA, and to use our website strictly in accordance with these terms. Nothing contained in the site shall be interpreted as conferring by implication or otherwise, any license, other than the above-mentioned, or right to any copyright, trademark, patent or other proprietary interest of the site or any third party.
3.4.3 Limitations on use
a) You consent to exclusively access the content for your private, non-commercial use. No part of its content will be downloaded, reproduced, copied, stored, transmitted, sold or shared without the prior notice of the copyright owner. This excludes the copying, downloading and/or printing of pages of the Site for personal, non-commercial home use.
b. You agree not to;
i. misuse the Website – ‘misuse’ includes, without limitation, using the KHYVA to:
o defame, harass, stalk, threaten, abuse or otherwise violate other people’s rights as defined by any applicable law;
o harm or interfere with the operation of other people’s computers and software in any respect, including, without limitation, by uploading, downloading or transmitting corrupt files or computer viruses;
o violate valid intellectual property, publicity or privacy rights, including, without limitation, by uploading, downloading or transmitting materials or software;
o transmit, post, or otherwise disclose trade secrets, or other confidential or protected proprietary material or information;
o direct bots, spiders, crawlers, avatars, intelligent agents or any other automated process at KHYVA’s computer systems or otherwise, create unreasonable load upon any of KHYVA’s computer hardware, network, storage, input/output or electronic control devices or infrastructure;
o transmit any information or software obtained through the Website, or copy, create, display, distribute, license, perform, publish, recreate, reproduce, sell, or transfer works deriving from the Website;
o cause to appear any pop-up, pop-under, exit windows, expanding buttons, banners, advertisement, or anything else which minimizes, covers, or otherwise inhibits the full display of the Website;
o Use the Website in any way which interferes with the normal operation of the Website;
o falsely use a password or personal identification number during logging into the Website, or misrepresent one’s identity or authority to act on behalf of another;
o behave in any manner that violates any of these Terms and Conditions.
ii. Interfere with or disrupt KHYVA’s Website, its servers or networks connected to the Website, including attempting to interfere with the access of any other user, host or network, including without limitation overloading, initiating, propagating, participating, directing or attempting any ‘denial-of-service’ attacks, ‘spamming’, ‘crashing’, ‘flooding’ or ‘mail bombing’ the Website;
c. Although KHYVA sells products globally. This Website (and its links and pointers) may refer to certain goods, products and/or services that are not available in your area. A reference to goods, products and/or services without limiting their geographical scope does not automatically imply that we offer or intend to offer the same in all locations.
3.5 Applicable law and jurisdiction
3.5.1 These terms and conditions and your use of our website is governed by and construed in accordance with English law. Disputes arising in connection with these terms and conditions shall be subject to the exclusive jurisdiction of the English court.
3.5.2 We do not warrant that items for sale on the Website are appropriate or available for use outside the United Kingdom. It is prohibited to access the Website from territories where its contents are illegal or unlawful. If you access this Website from locations outside the United Kingdom, you do so at your own risk and you are responsible for compliance with local laws.
3.6 Third Party Site
KHYVA may contain links to third party websites or online contents that are not under our control. These links are only provided for convenience, and we do not undertake any responsibility for such. A link to another website or service is not an endorsement of that site or service. No judgment or warranty is made with respect to such other services or sites. Your use of this third party website or service linked to by KHYVA is at your own risk.
3.7 Opt-Out Procedure
KHYVA wants to communicate with you only if you want to hear from us. If at any time you do not wish to receive communications from us, you may:
i. Use the opt-out link found in any email solicitation that you may receive.
ii. Choose to opt out, via sending your email address to: [email protected]
As a condition of use of www.khyva.com, you agree to hold KHYVA harmless and be indemnified from and against any and all liabilities, losses, claims, expenses (including attorney’s fees) and damages (whether direct or indirect) arising from or in connection with claims resulting from your use of this Website, including without limitation, any claims or losses alleging facts that if true, would constitute a breach by you of these terms and conditions.
3.9 Changes to the Terms and Conditions
KHYVA reserves the right in its sole discretion to edit or modify these terms and condition at any time. Changes made are effective as soon as they are posted. It is suggested you regularly check this page for any recent updates.
4 CONTACT US
4.1 Contact Us
If you have any questions regarding KHYVA, the terms and conditions or the site, please direct all comments and enquiries to: [email protected]