Information About Us
Kozmaty LLC (“Kozmaty”) owns, manages and maintains the kozmaty.com Website (“Site”). Throughout the site, the terms “we”, “us” and “our” refer to Kozmaty. The following are the terms of use that govern use of the Site (“Terms of Use”). By using the Site you expressly agree to be bound by these Terms of Use and the Kozmaty privacy policy and to follow these Terms of Use and all applicable laws and regulations governing use of the Site.
“Using” this Site includes, but is not limited to, registering an account, browsing web pages, articles, or any uses via mobile applications, mobile devices, personal computers, email, telephones or other electronic devices.
Kozmaty reserves the right to change these Terms of Use at any time, effective immediately upon posting on the Site. Please check this page of the Site periodically. We will note when there are updates to the Terms of Use at the bottom of the Terms of Use. If you violate these Terms of Use, Kozmaty may terminate your use of the Site, bar you from future use of the Site, and/or take appropriate legal action against you. Also, Kozmaty may in its sole discretion bar any Shopper or other user that in Kozmaty’s opinion presents an imminent risk of harm to Kozmaty or any website user. Any new features or tools which are added to the current store shall also be subject to the Terms of Service.
Site Operation
The United Arab Emirates “U.A.E” is our Country of Domicile. Kozmaty controls this Site from the U.A.E. Kozmaty makes no representation that this Site is appropriate for use in other locations. If you use this Site from other locations, you are responsible for ensuring compliance with local laws. You may not use, export or re-export any materials from this Site in violation of any applicable laws or regulations, including, but not limited to any U.A.E export laws and regulations.
Services and Related Fees
Kozmaty is not an auction house nor a bank, and does not offer auction or banking services. The Site is an online platform allowing for the sale and purchase of items between Kozmaty and Shoppers. The purpose is to provide shoppers with Kozmaty products online.
Membership for Shoppers on the Site is free. Kozmaty does not charge any fee for browsing and buying listed items on the Site. Kozmaty may choose to temporarily change the fees for our services for promotional events (for example, free shipping days) or new services, and such temporary changes are effective in accordance with their terms when we post them on the Site.
Delivery/Shipment Policy
Kozmaty will not sell or attempt to sell services or products to any of OFAC (Office of Foreign Assets Control) sanctions countries in accordance with the law of UAE.
Multiple shipments/delivery may result in multiple postings to the cardholder’s monthly statement.
Disputes with Kozmaty
If any dispute, claim, controversy or difference in respect of Kozmaty arises out of or in connection with or in relation to this Terms and Conditions (“Dispute”), including (without limitation) any question regarding the formation, existence, scope, performance, interpretation, validity or termination of this Terms and Conditions or this clause, or any question regarding the legal relationships established by this Terms and Conditions or the consequences of its nullity, then the parties shall first attempt amicably to settle the Dispute through good-faith negotiations over a period of thirty (30) calendar days commencing on the date that a party first sends to the other party a written notice of the Dispute.
In the event that a Dispute has not been settled amicably by the relevant parties by the end of such thirty (30) calendar day-period, the parties hereby agree that the Dispute shall be referred to and finally resolved by binding arbitration as set out below, under the Arbitration Rules of the Dubai International Financial Centre – London Court of International Arbitration (“LCIA”), which rules are deemed to be incorporated by reference into this clause. The number of arbitrators shall be one. The parties to the arbitration shall seek to agree on a sole arbitrator to be nominated to the LCIA court for appointment. If the parties to the arbitration fail to nominate a sole arbitrator within 30 days from the date of the service of the request upon the respondent (or such greater or lesser period as may be fixed by the LCIA Court), the sole arbitrator shall be appointed by the LCIA Court. The seat or legal place of the arbitration shall be Dubai International Financial Centre in Dubai, UAE. The arbitration proceedings shall be conducted in the English language and the award shall be in English. The foregoing provisions of this clause are without prejudice to the right of Kozmaty to seek interim relief at any time from any court of competent jurisdiction (whether or not an arbitrator has been appointed) and Kozmaty shall not be deemed to have breached this arbitration agreement or infringed the powers of the arbitrator for having done so.
Copyright Policy
Kozmaty may terminate the privileges of any user who uses this Site to unlawfully transmit copyrighted material without a license, express consent, valid defense or fair use exemption to do so. If you submit information to this Site, you warrant that the information does not infringe the copyrights or other rights of third parties.
Violation of Terms of Use
You understand and agree that in Kozmaty’s sole discretion, and without prior notice, Kozmaty may terminate your access to the Site, or exercise any other remedy available and remove any unauthorized user information, if Kozmaty believes that the information you provide has violated or is inconsistent with these Terms of Use, or violates the rights of Kozmaty, or any third party, or violates the law. You agree that monetary damages may not provide a sufficient remedy to Kozmaty for violations of these Terms of Use and you consent to injunctive or other equitable relief for such violations. Kozmaty may release user information about you if required by law or subpoena.
Advertising
Kozmaty will use multiple available platforms to advertise the products. These Platforms may use tracking in order to optimize advertising.
Communication
You agree that Kozmaty may communicate with you by email or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Applicable Law
The Laws of the United Arab Emirates shall govern the use of the Site and the Terms of Use, without regards to conflict of laws principles.
Multi-Currency Priced Transaction
Any charges imposed by the bank for transacting in a currency other than AED is the responsibility of the Shopper.
Purchases
Kozmaty accepts payment by Visa or Mastercard debit and credit cards in AED for its products and services. All online purchases are also governed by the terms and conditions of respective Merchant service providers. Please review respective Merchant service provider’s user agreement and privacy policy before entering any transaction. These Terms of Use supersede all other written and oral communications or agreements with regard to the subject matters discussed in these Terms of Use. A waiver or modification of these Terms of Use will only be effective if made in writing signed by an authorized officer of Kozmaty . All refunds will be made onto the original mode of payment.
If you make a payment for our products or services on our website, the details you are asked to submit will be provided directly to our payment provider via a secured connection.
The cardholder must retain a copy of transaction records and Merchant policies and rules.
Exchanges, Returns and Refunds
Requests can be made in one of the following ways:
Cancellation
Shoppers can cancel their orders within 1 hour of purchase and refunds will be made back to the original mode of payment. Please allow for up to 45 days for the refund transfer to be completed and note that amount refunded will be net of bank processing charges. After 1 hour of placing an order, Shoppers can only cancel the order before Kozmaty start processing their orders, which will be confirmed by email.