Terms & Conditions

TERMS AND CONDITIONS

1. Acceptance of Terms:

  1. By accessing, browsing, or placing an order through Kamaya’s website, you acknowledge that you have read, understood, and agreed to be legally bound by these Terms & Conditions in their entirety.
  2. If you do not agree, you must immediately cease usage of this website and refrain from placing any orders.
  3. Continued use of the website or completion of a transaction shall constitute irrevocable acceptance of these Terms.

2. Language & Interpretation:

  1. These Terms are drafted and published in English. By transacting with Kamaya, you confirm that you possess sufficient understanding of the English language. Kamaya shall not be liable for any misinterpretation arising from language comprehension.

3. Entity & Brand Clarification:

  1. “Kamaya” is the abbreviated trading name of Kamaya LLC FZ, Dubai, United Arab Emirates.
  2. All transactions, obligations, and liabilities are undertaken exclusively by Kamaya LLC FZ.

4. Product Characteristics & Expectation Setting:

  1. Kamaya products are handcrafted, artisanal, and design led. As such:
    1. Variations in color, texture, finish, and fragrance intensity are inherent
    2. Minor inconsistencies do not constitute defects
    3. Fragrance perception is subjective and influenced by environmental conditions
    4. Customers expressly acknowledge that product experience may vary and accept this as part of the brand’s artisanal nature

5. Candle & Product Behaviour Disclaimer:

  1. Kamaya products are handcrafted and may exhibit natural variations and behavior inherent to the materials used.
  2. For candles, it is normal for wax to slightly contract, pull away from the container surface, or appear uneven or hollow, particularly due to temperature fluctuations, storage conditions, or environmental factors. Such occurrences are natural characteristics of wax-based products and do not constitute defects.
  3. For liquid-based products including room sprays, fragrance oils, and diffusers, minor leakage, sweating, or evaporation may occur due to temperature changes, pressure variations during transit, storage and handling conditions. Such instances, where not resulting in substantial product loss or damage, shall not be treated as defects or grounds for return.
  4. By purchasing, the customer acknowledges and accepts these inherent product characteristics.

6. Threeshold Protection:

  1. Only in cases of significant structural damage, major leakage, or functional impairment affecting usability, shall a product be considered for evaluation under the Returns Policy.

7. Order Acceptance & Commercial Discretion:

  1. Kamaya retains sole and final discretion, acting reasonably and in accordance with applicable law.
    1. Accept or decline any order without assigning reason
    2. Cancel orders in cases of pricing errors, stock issues, or risk indicators
    3. Limit quantities per customer or transaction
    4. Orders shall be deemed confirmed only upon successful receipt of payment

8. Pricing & Payment:

  1. All prices are displayed in AED unless otherwise stated
  2. Kamaya reserves the right to modify pricing at any time without notice
  3. Payment must be completed through approved channels prior to order confirmation

9. Delivery Obligation & Performance Completion:

  1. Kamaya shall use commercially reasonable efforts to ensure timely delivery. Notwithstanding the above:
    1. Upon occurrence of either:
      1. Successful delivery of the product; OR
      2. Issuance of a refund in accordance with Kamaya’s policy
    2. Kamaya shall be deemed to have fully performed and discharged all contractual obligations.

10. Transaction Finality & Claim Limitation:

  1. To the maximum extent permissible under UAE law, once delivery is completed or a refund has been issued:
    1. The transaction shall be deemed final, closed, and irrevocably settled
    2. No further claims, demands, compensation, or liabilities shall arise thereafter
    3. This clause is intended to establish commercial certainty and closure

11. Limitation of Liability:

  1. Maximum Liability Cap: To the fullest extent permitted under applicable law, Kamaya’s total aggregate liability, whether arising in contract, tort (including negligence), strict liability, or otherwise, shall be strictly limited to the amount actually paid by the customer for the specific product giving rise to the claim.
  2. Exclusion of Damages: Under no circumstances shall Kamaya be liable for any indirect, incidental, special, consequential, or punitive damages of any kind. This includes, without limitation:
    1. Loss of use, enjoyment, or expectation
    2. Loss of business, revenue, goodwill, or opportunity
    3. Emotional distress or dissatisfaction
    4. Any subjective or perception-based claims, including fragrance performance
  3. Product Performance & Environmental Factors: Kamaya shall not be liable for any variation in product performance arising from:
    1. Environmental conditions (temperature, humidity, storage)
    2. Individual perception or sensitivity
    3. Usage patterns or external factors beyond Kamaya’s control
  4. Misuse & Non-Compliance: Kamaya shall bear no liability whatsoever for any damage, loss, or injury arising from:
    1. Improper use
    2. Failure to follow safety instructions
    3. Use beyond intended purpose
    4. Handling, storage, or application inconsistent with provided guidance
  5. Third-Party & Delivery-Related Limitation: Kamaya shall not be liable for acts, omissions, or delays attributable to third-party service providers, including logistics, delivery partners, or payment processors.
  6. Condition Precedent to Claims: As a condition precedent to any claim:
    1. The customer must comply strictly with Kamaya’s Returns & Claims Policy
    2. Provide complete and verifiable evidence (including unboxing video where applicable)
    3. Raise the claim within the prescribed timeline
    4. Failure may result in rejection of the claim to the extent permitted under applicable law
  7. Exclusive Remedy: Where a claim is validly established, the customer’s sole and exclusive remedy shall be limited to:
    1. Replacement of the product; OR
    2. Refund of the purchase amount as determined solely by Kamaya.
  8. Transaction Closure Reinforcement: Upon completion of delivery or issuance of refund (where applicable), Kamaya shall be deemed to have fully and finally discharged all obligations, and no further liability shall arise.

12. Product Safety & Usage Compliance:

  1. Kamaya provides safety and usage instructions across various touchpoints including product packaging, website content, inserts, and other communication channels.
  2. Customers are required to read, understand, and strictly adhere to all such instructions prior to and during use.
  3. Failure to follow safety instructions, whether or not reviewed by the customer, shall constitute misuse of the product and void any liability on the part of Kamaya.
  4. Kamaya shall not be responsible for any damage, loss, or injury resulting from non-compliance with product usage guidelines.

13. Product-wise Safety & Use Restrictions

  1. Kamaya products are designed exclusively for ambient home fragrance purposes i.e. “For ambient use only and not for personal or therapeutic application.”
  2. They are not intended for human application, consumption, or direct exposure. Under no circumstances should Kamaya products be:
    1. Applied to skin or body
    2. Ingested or consumed
    3. Used for therapeutic or medical purposes
    4. Directly inhaled in concentrated form
  3. All products must be used strictly in accordance with their intended environmental function. Any use beyond this scope shall be deemed misuse, and Kamaya shall bear no liability arising from such use.

14. Product-wise Safety Instructions (Refined Version):

  1. Candles
    1. Intended solely for ambient fragrance and illumination
    2. Do not inhale smoke or fumes directly
    3. Never leave unattended while lit
    4. Keep away from children, pets, and flammable materials
    5. Place on stable, heat-resistant surfaces only
    6. Do not burn beyond recommended duration
    7. Discontinue use when wax level is low
    8. Improper handling or unsafe burning practices shall be considered misuse
  2. Reed Diffusers
    1. Intended for passive ambient fragrance diffusion only
    2. Do not apply liquid to skin or body
    3. Do not ingest or inhale directly from the container
    4. Avoid contact with eyes, skin, and surfaces prone to damage
    5. Keep away from heat, flame, and direct sunlight
    6. Any direct or improper use shall be treated as misuse
  3. Room Sprays
    1. Intended for controlled ambient air fragrance only
    2. Do not spray on skin, face, or body
    3. Avoid direct inhalation at close range
    4. Do not ingest
    5. Use only in well-ventilated areas
    6. Keep away from open flames or heat sources
    7. Any deviation from intended use shall be considered misuse
  4. Fragrance Oils
    1. Intended for external ambient use only (diffusers, burners, etc.)
    2. Not suitable for direct skin application unless explicitly stated
    3. Do not ingest or inhale directly
    4. Avoid contact with eyes and sensitive surfaces
    5. Store securely away from children and pets
    6. Any deviation from intended use shall be considered misuse

  5. By purchasing and using Kamaya products, the customer acknowledges that all products are used at their own discretion and risk, and agrees that Kamaya shall not be liable for any consequences arising from improper, unintended, or negligent use.

15. Product Use, Risk & Assumption

  1. All products are used at the customer’s own discretion and risk. Customers assume full responsibility for:
    1. Safe handling of candles, oils, and diffusers
    2. Compliance with safety instructions
    3. Testing products for compatibility
  2. Kamaya shall not be liable for:
    1. Allergic reactions
    2. Fire or safety incidents
    3. Damage arising from misuse or improper storage

16. Returns & Refunds:

  1. Returns are governed exclusively by Kamaya’s Returns Policy. Kamaya retains sole and final discretion in:
    1. Determining eligibility
    2. Evaluating evidence
    3. Approving or rejecting claims

17. Fraud Prevention & Abuse Management (Hacking):

  1. Kamaya reserves the right to:
    1. Cancel orders
    2. Withhold services
    3. Block access in instances of:
      1. Suspected fraud
      2. Repeated return abuse
      3. Policy manipulation

18. Intellectual Property Protection:

  1. All elements of Kamaya’s business including:
    1. Product formulations
    2. Fragrance compositions
    3. Packaging designs
    4. Branding, visuals, and content are proprietary and protected
    5. Unauthorized reproduction, imitation, or derivative creation is strictly prohibited

19. Non-Circumvention & Non-Exploitation:

  1. Customers and third parties agree not to:
    1. Reverse-engineer or replicate Kamaya products
    2. Engage directly or indirectly with Kamaya’s vendors, manufacturers, or supply chain
    3. Use Kamaya’s product concepts for commercial gain
    4. Any breach shall be treated as a material violation

20. Force Majeure:

  1. Kamaya shall not be liable for delays or failure due to circumstances beyond reasonable control, including but not limited to logistics disruption, regulatory changes, or acts of nature, civil disturbances, or war.

21. Dispute Resolution:

  1. All disputes must first be formally raised via sales@kamayagrp.com . Parties shall attempt resolution in good faith prior to escalation.

22. Governing Law & Jurisdiction:

  1. These Terms shall be governed by UAE law. All disputes shall fall under the jurisdiction of Dubai courts.

23. Amendments:

  1. Kamaya reserves the right to amend these Terms at any time. Continued usage constitutes acceptance of revised Terms.
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