Terms and Condition of Kyaikkhami

1. Definitions and interpretation

1.1 In these Kyaikkhami Terms and Conditions, unless the context otherwise requires, the following definitions shall apply:

"Counterfeit", in relation to the Seller’s Goods (as defined in the Terms of Use), shall mean a good:

(a) which bears a sign identical with, or similar to, a registered trade mark (wherever registered), and:

(i) the application of the sign to the good or the packaging thereto is an infringement of the registered trademark;

(ii) the good is proposed to be imported into the country where the good is delivered to or received by you, the Customer (as defined in the Terms of Use), and the application of the sign to the good of the packaging thereto would be an infringement of the registered trade mark; or

(iii) the sign has otherwise been used in relation to the good or the packaging thereto in such a way as to infringe the registered trade mark; and

(b) where the sign borne on the good or the packaging thereto is identical with, or so nearly resembling, the registered trade mark as to be calculated to deceive; and

(c) the sign borne on the good or the packaging thereto is applied without the express or implied consent of the proprietor of the registered trade mark, and to falsely represent the good to be the genuine good of the proprietor or a licensee of the registered trade mark.

“Guaranteed Delivery Badge” means the icon applied to the Product Details Page of selected Kyaikkhami Goods to indicate that the Kyaikkhami Guarantee is available for this Kyaikkhami Good. The Guaranteed Delivery Badge is represented by the following icons:

“Fast Refund” shall mean a refund of a returned item to you, initiated at the point when you deliver the returned item back to Kyaikkhami Shop.

(a) Kyaikkhami Shop reserves the right to decide in its sole and absolute discretion, on a per item basis, if Fast Refunds will be available or not.

(b) Factors that determine Fast Refund availability, include but not limited to:

• Item price and type

• Payment type

• Purchase and refund history

(c) Kyaikkhami Shop reserves the right to change the factors that determine Fast Refund availability in its sole and absolute discretion from time to time.

"Kyaikkhami Terms" means these terms and conditions, as amended by Kyaikkhami Shop in its sole and absolute discretion from time to time.

"Order Detail Page" means the page where a user can review information regarding its Order for the relevant goods available on the Platform.

“Delivery Detail Page” means the page where a user can review delivery information regarding its Order for the relevant goods purchased from the Platform.

"Product Details Page" means the product details page of the relevant goods available on the Platform.

"Terms of Use" means the terms and conditions governing your use of the Platform and which are set out at the "Terms of use" section above.

2. Service Terms

2.1 These Kyaikkhami Terms shall apply to your purchase of Kyaikkhami Goods. Such Kyaikkhami Goods can be identified from the "Kyaikkhami" badge on the Seller's listing of the goods.

2.2 By purchasing Kyaikkhami Goods, you agree to be bound by these Kyaikkhami Terms, as amended from time to time, in addition to the Terms of Use for the Platform, which are incorporated by reference into these Kyaikkhami Terms.

2.3 For the avoidance of doubt, capitalised terms used and not defined herein have the same meaning as given to such terms in the Terms of Use.

2.4 In the event of a conflict between the provisions of these Kyaikkhami Terms and the Terms of Use, the provisions of the Kyaikkhami Terms shall prevail.

3. Representation and warranty

3.1 Kyaikkhami Shop represents and warrants that the Kyaikkhami Goods are not Counterfeit.

3.2 Save as provided in this Clause 3.1 and in the Terms of Use, Kyaikkhami Shop expressly excludes any guarantee, representation, warranty, condition, term or undertaking of any kind.

3.3 Notwithstanding anything to the contrary in the Terms of Use, your sole and exclusive remedy for Kyaikkhami Shop's breach of the representation and warranty given in Clause 3.1 shall be limited to this Clause 3.3.

(a) If you believe that the Kyaikkhami Goods which you have purchased do not conform to the representation and warranty given in Clause 3.1, you must make a refund claim in accordance with the procedure, and subject to the exceptions and limitations, set out in the Return Policy (as defined in the Terms of Use), within fifteen (15) days of the date on which you received the Kyaikkhami Goods.

(b) Following your refund claim, you will be provided with a template refund claim form (“Claim Form”), within which you should state the reasons for your belief that Kyaikkhami Goods which you have purchased does not conform to the representation and warranty given in Clause 3.1.

(c) You shall return the Kyaikkhami Good to Kyaikkhami Shop in accordance with Kyaikkhami Shop’s instructions. Once Kyaikkhami Shop receives the Kyaikkhami Good, Kyaikkhami Shop shall refund you the full purchase price of the Kyaikkhami Good within a reasonable period.

(d) Following the return of the Kyaikkhami Good to Kyaikkhami Shop, Kyaikkhami Shop shall verify your Claim Form. For the purposes of facilitating such verification, you shall use your best endeavors to fully cooperate with Kyaikkhami Shop. In the event that Kyaikkhami Shop determines, in its sole and absolute discretion, that the Kyaikkhami Good does not conform to the representation and warranty given in Clause 3.1:

(i) Kyaikkhami Shop shall issue a store credit voucher or rebate coupon equivalent in value to the full purchase price of the Kyaikkhami Good to your Kyaikkhami Shop account; and

(ii) you shall thereafter have no further claim against Kyaikkhami Shop, and you shall release and hold harmless Kyaikkhami Shop from any and all liability arising out of or in connection with your purchase of the Kyaikkhami Good.

(e) In the event that Kyaikkhami Shop determines, in its sole and absolute discretion, that the Kyaikkhami Good does conform to the representation and warranty given in Clause 3.1, you shall have no further claim against Kyaikkhami Shop, and you shall release and hold harmless Kyaikkhami Shop from any and all liability arising out of or in connection with your purchase of the Kyaikkhami Good.

(f) Kyaikkhami Shop’s determination pursuant to this Clause 3.3 shall, save in the case of manifest error, be final and binding on you.

(g) If you fail to make a refund claim within fifteen (15) days of the date on which you received the Kyaikkhami Goods, as set out in Clause 3.3(a), you are deemed to have accepted the Kyaikkhami Goods as conforming to the representation and warranty given in Clause 3.1.

4. Availability of Kyaikkhami Guarantee

4.1 Kyaikkhami Shop may offer guarantees for delivery of selected Kyaikkhami Goods within specified dates (the “Kyaikkhami Guarantee”). Availability of the Kyaikkhami Guarantee for Kyaikkhami Goods shall be indicated by the appearance of the Guaranteed Delivery Badge on the Product Details Page. For the avoidance of doubt, where the Guaranteed Delivery Badge does not appear, the Kyaikkhami Guarantee is not available.

4.2 The dates for delivery of Kyaikkhami Goods pursuant to the Kyaikkhami Guarantee shall be reflected on the Order Detail Page and the Delivery Detail Page. You acknowledge and agree that any timelines or dates shown for delivery on the Kyaikkhami Shop Platform in respect of the Kyaikkhami Guarantee, save for the dates indicated on the Order Detail Page and the Delivery Detail page, are only indicative estimates, and you shall not hold Kyaikkhami Shop directly or indirectly liable for any losses arising out of or in connection with any reliance that you place on such estimates.

5. Terms and Conditions of the Kyaikkhami Guarantee

5.1 Subject to the availability of the Kyaikkhami Guarantee as set out in Clause 4 and the terms and conditions of the Kyaikkhami Guarantee as set out in this Clause 5, you shall receive payment for the amount specified in the Product Details Page as compensation where Kyaikkhami Shop, its affiliates or third party logistic carrier delivers the Kyaikkhami Goods to you after the latest date, or after the timeframe, specified in the Kyaikkhami Guarantee section of the Order Detail Page and the Delivery Detail Page (“Compensation”). Save for the Compensation, you hereby agree that you shall not have, and hereby waive and relinquish, any other rights or claims in respect of the Kyaikkhami Guarantee not being fulfilled.

5.2 You shall be entitled to Compensation for each Order you place through the Platform, regardless of the number of Kyaikkhami Goods which are placed pursuant to such Order, or the number of Kyaikkhami Goods which are delivered to you after the latest date, or after the timeframe, specified in the Kyaikkhami Guarantee section of the Order Detail Page and the Delivery Detail Page. To illustrate, if you purchase two Kyaikkhami Goods under one Order, and Kyaikkhami Shop, its affiliates or its designated third party logistic carrier is unable to fulfil the Kyaikkhami Guarantee, you shall be entitled to receive Compensation of the amount specified in the Product Details page.

5.3 Where Compensation is paid to your Kyaikkhami Shop account through a Voucher or a Promo Coupon is issued to your Kyaikkhami Shop Wallet, Kyaikkhami Shop reserves the right to impose restrictions or limitations to the use of the Voucher or Promo Coupon, including but not limited to, expiration dates, transfer of the Voucher or Promo Code to other users, or restrictions to use with Products, or categories or classes of Products, as specified by Kyaikkhami Shop at its sole and absolute discretion. For the avoidance of doubt, Compensation made via Voucher or Promo Coupon cannot be exchange or redeemed for cash.

5.4 Notwithstanding that the Kyaikkhami Guarantee has been made available for the Kyaikkhami Good you select, you hereby agree to waive your right to Compensation where any of the following take place:

(a) Delivery address for the Kyaikkhami Good is incorrect or incomplete;

(b) You refuse to accept, or fail to make payment for, the Kyaikkhami Good, for any reason whatsoever;

(c) You fail to make payment for the Kyaikkhami Good in order to be eligible for the Kyaikkhami Guarantee, before the date and time set out in the Order Detail Page;

(d) You request any amendments to the time of delivery, delivery address or mode of delivery after the Order has been made;

(e) You fail to adhere to any of the delivery instructions issued by Kyaikkhami Shop, its affiliates or third party logistic carrier including where you or your representative are not present to receive the Kyaikkhami Good when Kyaikkhami Shop, its affiliates, or third party logistic carrier attempts delivery, or any of the instructions you issue to Kyaikkhami Shop, its affiliates or our third party logistic carrier for delivery cannot be reasonably fulfilled;

(f) You specify for delivery of the Kyaikkhami Good to be made to a collection point;

(g) Delivery cannot be made to your address for reasons due directly or indirectly to an event or failure which is beyond Kyaikkhami Shop’s reasonable control, including acts of God, natural disasters, war, rebellion, revolution, contamination, pollution, acts or threats of terrorism, or riots; or

(h) Delivery of the Kyaikkhami Good cannot be made to the delivery address you specify in the Order Detail Page and the Delivery Detail Page for any other reason.

5.5 You acknowledge and agree that Kyaikkhami Shop has the sole and absolute right to determine if any of the circumstances set out in Clause 5.4 have taken place. You agree that you shall not dispute any of Kyaikkhami Shop’s determinations in this regard.

5.6 Kyaikkhami Shop reserves the right not to issue Compensation to you at its sole discretion and with no reference or notice made to you, for any reason whatsoever.

6. Fast Refunds

Kyaikkhami may offer Fast Refunds for selected Kyaikkhami Goods. However, the availability of Fast Refunds is decided on a per item basis by Kyaikkhami Shop in its sole and absolute discretion.

7. Use and disclosure of data

You agree that Kyaikkhami Shop shall be entitled to use or disclose any information or data disclosed by you in accordance with Kyaikkhami Shop’s Privacy Policy. You are entitled to withdraw such consent in the procedure as prescribed by Kyaikkhami Shop from time to time.

8. Miscellaneous

8.1 You shall be bound by and shall fully observe and comply with these Kyaikkhami Terms, all Service Terms, Terms of Use, Privacy Policy as well as such other terms and conditions as may be agreed or accepted by you. The rights and protections conferred on Kyaikkhami Shop under these Kyaikkhami Terms shall be additional to the rights and protections conferred on Kyaikkhami Shop under the Service Terms, Terms of Use, Privacy Policy as well as such other terms and conditions as may be agreed or accepted by you.

8.2 Any clause in these Kyaikkhami Terms, all Service Terms, Terms of Use, Privacy Policy as well as such other terms and conditions as may be agreed or accepted by you, that is invalid, unenforceable or illegal shall be enforced as nearly as possible in accordance with its terms, but shall otherwise be deemed severed and shall not affect the enforceability of any other clauses, which clauses shall continue to be valid and enforceable to the fullest extent permitted by law.

8.3 Kyaikkhami Shop reserves the right to alter, modify, add to or otherwise vary these Kyaikkhami Terms from time to time, and in such manner as Kyaikkhami Shop deems appropriate. You shall be bound by the terms and conditions so amended. In any event, if you continue to use the Service after such notice, you shall be deemed to have accepted the amendments.

Kyaikkhami Shop Care Service Contract

This Service Contract is a legal agreement between you and Kyaikkhami Shop Limited, which governs the provision of the Services by us in respect of Product(s). By purchasing a Product, you acknowledge and agree to be bound by this Service Contract.

Your purchase of the Services extends the manufacturer’s coverage for a twelve (12) month or twenty-four (24) period (based on your selection, and as specified on the Product listing page) commencing upon the expiry of the manufacturer’s warranty.

The Services are subject at all times to the following exclusions and conditions:

a) we have the sole option to repair or replace your Product with like kind, quality and specifications provided;

i. the total aggregate costs of repairs for each Product shall not exceed the Purchase Price of the Product; and

ii. the cost of a one-time replacement product shall not exceed the Purchase Price of the Product;

b) in the event that it is more economical to replace your Product instead of repairing it, the original Product shall be replaced with a similar product. Due to technological advances, the replacement Product may be of lower retail value than the original Product or it may be a Refurbished Product. If the original Product is replaced, the Services will cease from the date of replacement; and

c) Repairs or replacements of the Product is limited to products purchased domestically and products which are for personal use.

d) Products that have been used for commercial or other non-personal use shall be excluded from this Service Contract.

If a Product is covered by a manufacturer’s warranty period, the manufacturer’s warranty shall take precedence over this Service Contract, and the Services provided under this Service Contract shall not cover or replace the manufacturer’s warranty whatsoever.

On-site repair is available for bulky Products only, which are non Carry-in Products. Where we are unable to repair your Products on-site, they will be transported to our authorized repair center for repair, at no extra cost to you. Carry-in Products, which are Products such as Mobile Devices, laptops, tablets, small and kitchen appliances shall be delivered by you to our authorized repair center, and no shipping or transportation costs (if any) you incur will be reimbursed by Kyaikkhami Shop.

LIMITATIONS OF LIABILITY

Coverage will not, under any circumstances, extend to any loss or injury to a person or loss or damage to property or any incidental, contingent, special or any direct or indirect loss and consequential damages including but not limiting to losses incurred due to any delay in rendering service related to this Service Contract and loss of use during the period that Your Product is at an authorized repair center, and/or while awaiting repair.

ACCIDENTAL DAMAGE

If you purchase the Services for a Mobile Device, you are entitled to the following Accidental Damage benefits:

a) You are entitled to make one (1) claim for repair services under Accidental Damage, provided that the total aggregate costs of repairs for each Mobile Device shall not exceed the Purchase Price of such Mobile Device, following which we shall have the sole discretion to repair or replace the Product if you submit a Valid Claim

b) Accidental Damage coverage will be effective after seven (7) days from the Mobile Device delivery date until the expiry of twelfth (12) months from effective date, as the case may be.

c) Claims in relation to Accidental Damage must be submitted to us within two (2) working days of the incident causing the Accidental Damage.

GENERAL EXCLUSIONS FROM COVERAGE:

Kyaikkhami Shop will not be liable under the Service Contract if you do not submit the Product to an authorized repair center for repair for Carry-in Products or if you do not raise a service request with the Kyaikkhami Shop Care call center for bulky, non-Carry-in Products, before

(a) the expiry of the Service Contract; and/ or

(b) in the case of Accidental Damage (for Mobile Device) only, if a breakdown report or a Valid Claim has not been submitted within two (2) working days of the breakdown incident.

Any repair and/or service by unauthorized service center will render this Service Contract to be null and void.

EXCLUSIONS FROM COVERAGE:

1. Save for where you are entitled to benefits under “Accidental Damage”, or as specified in the Service Contract, negligence of any kind, omission or default.

2. Liability arising out of implied warranties of merchantability, implied warranties of fitness, and strict liability.

3. Liability to anyone other than the Service Contract holder, as the case may be, except if you notify us of a transfer of a Service Contract per the terms below.

4. Any acts of fraud, or other dishonest or criminal acts.

5. Property and/or product liability insurance.

6. Products that are still covered by the manufacturer’s/dealer’s original written warranty, or the Service Contract holder’s dealer warranty, repairer’s warranty, or any other warranties in effect.

7. Any defects that are subject to recall by the manufacturer / dealer.

8. Non-operating and cosmetic items, paint, or product finish, accessories used in or with the eligible product unless covered under a separate Service Contract, cables, cords, add-on options incorporated in a product for which options are not essential to the basic function of the Product for which the Service Contract was purchased.

9. Software (including operating system and any stored data), defects resulting directly from software installation and or removal, computer virus, virus prevention, and other peripherals.

10. Routine maintenance, cleaning, adjustments or software updates.

11. abuse, theft, sand, corrosion, excessive heat, battery leakage, Acts of God, commercial usage, power outages or surges, , inadequate or improper voltage or current (fluctuation of electrical power, lightning, static electricity), improper environment (including lack of proper temperature or humidity). Unauthorized modifications made to the Product and/or problems/defects arising from such unauthorized modifications; altered serial/IMEI numbers; failure to follow manufacturers’ instructions on installation, operation or maintenance; repairs performed by non-authorized repairer; any items not affecting the function of the Product; image burn.

12. Costs of express service charges, transportation damage, removal or reinstallation unless specifically included in the Service Contract.

13. Problems or defects not covered under the original manufacturer’s/dealer’s original written warranty or any other warranties in effect unless otherwise stated, unless otherwise specified in the Service Contract, including but not limited to where you are entitled to Accidental Damage benefits.

14. Failure to follow manufacturer’s recommended instructions for installation, operation, routine care maintenance, inspection, cleaning, external adjustments etc. including problems cause by a device that is not the Product, including equipment/accessories that are not produced by original equipment manufacturer, whether or not purchased at the same time as the Product.

15. Damage due to organic infestation (from internal and/or external sources).

16. Deterioration or spoilage of any food stored due to defect of refrigerator.

17. Water leakage due to blockage of drainpipe under normal use.

18. Commercial use (multi-user organizations), public rental, use for profit or communal use.

19. Any diagnosis where no defect has been found or noted.

20. Consumables including but not limited to batteries, bulbs, compact discs, digital tapes, stylus, toner and ink cartridges.

21. External faults such as rust, wiring, electrical connection or plumbing, piping, fitting, realigning of signal receivers (poor receptions), and consequential loss of any kind.

22. Normal wear and tear, scratching, chewing, spilled liquids, corrosion, animal and insect infestation, fungi, wet or dry rot, or bacteria, misuse, neglect and abuse.

23. Repairs necessitated by improper maintenance, accidental, intentional physical damage, damage by sand or water, unless otherwise specified in the Service Contract including but not limited to where you are entitled to Accidental Damage benefits.

For Service request – Call our Service Hotline +66 970258418.

When the Product failure occurs due to an electrical or mechanical defect or accidental damage, you may call the Kyaikkhami Shop Care Support Hotline +66 70258418 to report the failure. This hotline is available Monday to Friday 9 a.m. to 6 p.m. in [insert country], and 8:30 a.m. – 5:30 p.m. in Thailand and Myanmar excluding local public holidays of each country.

Our experienced customer service representatives will be ready to guide you through the Service process. To expedite Service, please ensure that you have your Service Contract details readily available before placing the call. If the Product failure is not reported to us prior to repair/replacement, the repair/replacement cost shall not be approved.

To validate coverage, please ensure you keep all the proof of purchase, such as sales receipts.

CANCELLATION

This Service Contract can be cancelled within fourteen (14) days of the Product order date at a full refund of paid service fee provided that no Valid Claim has taken place. If a Valid Claim has taken place, no refund will be provided upon cancellation.

CONTRACT TERMINATION

This Service Contract will terminate automatically: (i) upon expiry of the term of this Service Contract, (ii) when total aggregate repair costs have exceeded the Product Purchase Price, (iii) upon replacement of the Product if beyond economical repair or (iv) upon written notification of termination of this Service Contract within fourteen (14) days of original purchase of this Service Contract, whichever is earlier.

TRANSFER OF SERVICE CONTRACT TO SECOND OWNER

If you sell or transfer your Product to another consumer within the term of this Service Contract, you must call Kyaikkhami Shop Care Support Hotline within fourteen (14) days from the date of the sale or transfer of the Product to another consumer, in order to transfer this Service Contract. It is also important to report your new address in the event you change your residential address and take the Product(s) with you.

GENERAL

This Service Contract is not an insurance contract, insurance policy or guarantee. This Service Contract is not a guarantee or promise relating to the nature of the material, workmanship or performance of your Product.

For contract verification purposes, you may be required by our customer service representative to present your Service Contract to expedite the service of your Product. As such, we recommend that you place these documents in a safe place.

DEFINITIONS:

• Accidental Damage means at a definable time and place Your Product stops working normally and its usability or its safety is affected due to an unforeseen and unintentional event. This includes:

(i) Screen Damage: Loss of functionality, cracking or breaking of the screen limited to parts needed to fix a cracked or broken screen and back glass such as glass /plastic screen, LCD and sensors fixed to the screen; and

(ii) Other Damage: Loss of functionality, including liquid damage caused by unintentional spills in or on the Product and any physical damage that can occur other than Screen Damage.

• Act of God refers to natural disaster, fire, flood, war, invasion, act of foreign enemy, hostilities or warlike operations, civil war, civil commotion.

• Mobile Device means a mobile phone that performs many of the functions of a computer, typically having a touchscreen interface, Internet access, and an operating system capable of running downloaded applications (“Smartphone”), or a wireless portable personal computer with a touchscreen interface that does not have a permanently attached keyboard (“Tablet”) that You purchase from Kyaikkhami Shop and is covered by the Services.

• Product means a product listed for sale on Kyaikkhami Shop and covered by the Services under this Service Contract.

• Purchase Price means the price, without any retailer discount or shipping cost, of the Product covered under this Service Contract

• Refurbished means the product is in very good condition. There will be signs of use such as scratches but will not include deep scratches and no significant signs of heavy wear and tear. This will not affect the functions of the Smartphone.

• Service(s) means arranging for the repair or replacement of the Product pursuant to this Service Contract.

• Valid Claim means repair or one-time replacement of the Product.

• We, Us and Our refers to Kyaikkhami Shop Limited (“Kyaikkhami Shop”), the provider of the Services under this Service Contract.

• You and Your refer to consumers who purchase Products and cover by the Services under this Service Contract.

Terms & Conditions of Delivery Services (“Delivery Terms”)

07 April 2022

We are using Kerry Express at the moment in Thailand.

1. Definitions & Interpretation

Unless otherwise defined, the definitions and provisions in respect of interpretation set out in Schedule 1 will apply to these Delivery Terms.

2. Delivery Services Engagement

2.1 Your Agreement: You agree to be bound by these Delivery Terms, as well as any guidelines, notices, operating rules, policies and instructions, pertaining to the Delivery of Goods purchased by you on the Platform. We may revise these Delivery Terms, or any guidelines, notices, operating rules, policies and instructions at any time, and you are deemed to be aware of and bound by such changes upon their publication on the Platform. Your continued use of the Delivery services after the effective date of these Delivery Terms, or any revision to these Delivery Terms or any guidelines, notices, operating rules, policies and instructions, constitutes your acceptance and agreement to be bound by such terms.

2.2 Scope of Delivery: These Delivery Terms apply to the following services which we may provide in respect of the Goods purchased by you on the Platform (collectively, the “Delivery”), including: (i) doorstep delivery; (ii) delivery to Collection Points; and (iii) pick up or collection of returns.

2.3 Service-specific Policies and Restrictions: We may publish policies and rules governing any of the Delivery on the Platform at any time. By continuing to use a Delivery service, you agree to be bound by the policies and rules relating to the Delivery services. We may, at our discretion, restrict the shipping routes and destinations for the Delivery from time to time, provided that, we will use commercially reasonable efforts to complete the Delivery in respect of any Parcels which are in our custody or possession at the time of introduction or change of such restrictions.

3. Delivery of Goods

3.1 Address: Delivery of the Goods shall be made to the address you specify in your Order, but not necessarily to the named receiver personally. We will make no more than 2 delivery attempts to the address specified in the Order.

3.2 Shipping Fees: Shipping fees shall be as set out in the Order. Unless otherwise specified, the shipping fees shall be based on the chargeable weight and dimensions of the Goods as specified by the Seller as at the time of the listing of the Goods on the Platform, and calculated according to the shipping fee rate card published by us from time to time.

3.3 Tracking: You may track the status of the Delivery at the ‘Track My Order’ page of the Platform.

3.4 Delivery Timeframe: Delivery of the Goods is subject to various factors, including the availability of the Goods and timeliness of the Seller’s dispatch of the Goods. We will take reasonable commercial efforts to deliver the Goods according to our regular delivery schedules. All Delivery timeframes given are estimates only and do not form a part of these Delivery Terms. We shall not be liable for any delay in the Delivery howsoever caused.

3.5 Deemed Receipt: In the event you do not receive the Goods by the projected Delivery date, you must inform Kyaikkhami Shop within 3 days after such projected Delivery date through the available modes of contact on the Platform. If Kyaikkhami Shop does not hear from you within 3 days from such projected Delivery date, you shall be deemed to have received the Goods.

3.6 Failure to Take Delivery: If you refuse or fail to take Delivery of the Goods (otherwise than by reason of any cause beyond your reasonable control or the Seller’s fault), or to pay the full amount of the Cash-on-Delivery for the Order, then without prejudice to any other right or remedy available to Seller, the Order and Delivery may be cancelled.

4. Payment

4.1 General: You may pay for the Shipping Fee using any of the payment methods prescribed by Kyaikkhami Shop and/or LEL from time to time. When you place an Order, actual payment of the Shipping Fee payable to LEL, will be only charged upon Seller’s acceptance of your Order. Where cash-on-delivery is selected, you agree and allow us to collect payments from you on behalf of the Seller.

4.2 Payment Methods: You agree that you are subject to the applicable user agreement of your payment method, which may be published on the Platform. You may not claim against Seller, LEL or Kyaikkhami Shop for any failure, disruption or error in connection with your chosen payment method, except where such error is due to fraud or misconduct by the Seller, LEL or Kyaikkhami Shop.

4.3 Invoicing: If you require an electronic invoice/receipt for the Delivery, please contact us through the authorized channels of communication on the Platform – namely, the Live Chat function.

4.4 Failure to Pay: If you fail to make or complete any payment pursuant to the terms and conditions of the payment method elected, or payment is cancelled for any reason whatsoever, without prejudice to any other right or remedy available to us, we are entitled to cancel or suspend Delivery of the Goods until the Goods price and the Shipping Fee per the Order is paid in full.

4.5 Claims:

(a) Subject to the applicable terms and conditions and policies on the Platform and our acceptance of the claim at our sole discretion, refunds of Shipping Fee may be made in the following cases:

- Failed Delivery

- Returns

- Loss and damage of Goods during the Delivery

- Undeliverable Goods

(b) Claims are limited to one per Delivery. Any refund of Shipping Fee made pursuant to such Claim shall be full and final settlement for our liability in respect of the Delivery.

(c) All refunds of Shipping Fees shall be processed, to the person who made the original payment via an approved payment method or through the Kyaikkhami Shop Wallet (as deemed appropriate by us from time to time). The processing of refunds may take time, and we offer no guarantee of any nature for the timeliness of the refunds reaching your account. We reserve the right to modify the mechanism of processing refunds at any time without notice.

(d) You may only raise a claim pursuant to this section through the authorized channels of communication on the Platform – namely, the Live Chat function. We reserve the right to reject any claims raised through other channels of communication.

5. Taxes

5.1 You shall be responsible for all applicable taxes payable in respect of the Shipping Fee.

5.2 If you are required under the applicable law to deduct or withhold any tax imposed on any amount payable to us, you shall make such withholding as required and pay the net amount to us. Unless you provide us with the original withholding tax certificate, you agree that you will not be entitled to any refund of withholding tax credit.

6. Undeliverable Goods

6.1 Undeliverable Goods: We reserve the right to cancel the Order and Delivery without prior notice to you if the Goods are deemed undeliverable in the following circumstances (“Undeliverable Goods”):

(a) the customs declaration is not in compliance with the applicable customs regulations, or the applicable duties and taxes on the Goods have not been paid in full;

(b) it contains counterfeit goods, or illegal items such as ivory or narcotics;

(c) it contains goods which require special handling or which are subject to transportation restrictions, such as refrigerated food, animals (whether live or not), animal body parts or biological parts, restricted plants, bullion, currency, gem stones; weapons, explosives and ammunition, or human remains;

(d) it is classified as hazardous material, dangerous goods, prohibited or restricted articles by IATA (International Air Transport Association), ICAO (International Civil Aviation Organization), ADR (European Road Transport Regulation on dangerous goods) or other relevant organization;

(e) delivery of the Goods to you will result in an actual or potential breach of any sanction as set forth by the United Nations or any other applicable international organization, the country of origin, country of destination and any transit country;

(f) the receipt of the Goods is subject to a legal or regulatory requirement or condition which the named receiver in the Order or the person purporting to take actual receipt of the Goods during delivery, in our reasonable discretion, does not comply with; and

(g) its address is incorrect or not properly marked.

6.2 Inspection: We may inspect the Goods (including the opening of any sealed package or parcel), and we shall not be responsible for any delay or damage caused as a result of such inspection, provided that we shall take reasonable care in inspecting the Goods.

6.3 Indemnity: You shall indemnify us and Kyaikkhami Shop against any loss, damage, fines and expenses, in connection with any Order containing Undeliverable Goods.

6.4 Disposal: We may, without notice to you and without any liability to you, abandon, store or dispose of any Undeliverable Goods in any manner we deem appropriate.

7. Returns

7.1 Return Policy: All returns must be done in accordance with the instructions set out in the Return Policy on the Platform. We are not obliged to handle any return unless the Return Policy has been complied with.

7.2 Property: When refunded, the non-conforming Goods or parts thereof shall become Seller’s property and upon request such Goods, Parcel or parts thereof must be shipped back to Seller. Unless otherwise stated in the Return Policy, you agree that we are authorized to collect the Goods to be returned to the Seller from you.

8. Termination

8.1 Cancellation By You: If the Goods have already been dispatched by the Seller, you may not cancel the Order and Delivery. If you do not wish to accept the Goods in the Order, you may initiate a return in accordance with the Return Policy.

8.2 Cancellation by Seller: Without prejudice to any other right of termination, we may, on our accord or acting at Kyaikkhami Shop’s or the Seller’s direction, stop or suspend any Delivery (whether dispatched or otherwise) by notifying you, if:

(a) the Goods under the Order being unavailable for any reason;

(b) you are in breach of an obligation under these Delivery Terms, or any applicable terms or policies in respect of your use of the Platform or with respect to the Order;

(c) we are made aware of your insolvency or bankruptcy.

8.3 Termination of Use of Platform: We reserve the right to cancel any Delivery or terminate the provision of any further Delivery to you if you terminate your use of the Platform, or if your use of the Platform is terminated or refused by Kyaikkhami Shop for any reason whatsoever.

9. Risk of the Goods

9.1 Risk of damage to or loss of the Goods shall pass to you at the time of your actual or deemed receipt of the Goods (whether or not you have the legal right to receive such Goods).

9.2 You agree that you will not accept the Delivery of Goods which do not form part of your Order. If there is any claim, process or proceeding required by us, Kyaikkhami Shop or the Seller to recover wrongfully received Goods from you, all loss and expense associated with such claim, process or proceeding will be borne by you.

10. Notices

All notices and communications from us or Kyaikkhami Shop shall be by way of the official channels of contact available on the Platform only, namely through the Kyaikkhami Shop APP, Live Chat or an authorized email from our Customer Care officers. If required to perform the Delivery of the Goods, you agree that we may also contact you through the contact details provided in the Order.

11. Access to Tools

11.1 Access to Tools or Services: We may provide you with access to tools or services to track or manage the Delivery of the Goods. Where access to such tools or services are provided to you, you agree that you shall use the tools and services only for the purpose of tracking or managing the Delivery of the Goods, and shall abide by any other terms of use which may be prescribed by us from time to time.

11.2 Unauthorized Access: You are responsible for the management of access to your Platform account and the access to the tools or services for the tracking or management of the Delivery of your goods. You may not dispute any action carried out under the access of your Platform account or your access of the tools or services provided by us, unless we have been given advance written notice of unauthorized access.

11.3 Intellectual Property Rights: The provision of any Delivery, or the grant of access to any tools or services associated with such Delivery, to you does not confer you with any ownership, license or other right to the intellectual property rights in such tool or service.

11.4 Disclaimer: The tools and services provided by us for the tracking and management of the Delivery of the Goods are provided on an “as is” basis, and we make no representation or warranty of any kind that such tools or services will be available, uninterrupted, error-free or free of harmful components, or that any material or data which you access or use will be secure or accurate. Any link found on any tool or service provided by us is for your convenience only too provide further information; we take no responsibility for the content found on any external link.

12. Data Privacy and Protection

You agree that the terms of the Privacy Policy published on the Platform shall apply to any Personal Data you provide to us in relation to your use of our Delivery. You agree that all rights and obligations in the Privacy Policy published on the Platform (as may be updated from time to time) shall be enforceable as if incorporated in these Delivery Terms.

13. General

13.1 Sub-contracting: We may delegate or sub-contract any part of the Delivery to our third party service providers on terms as we deem appropriate.

13.2 No Waiver: Our failure or delay in enforcing any part of these Delivery Terms shall not constitute a waiver of our rights hereunder.

13.3 Severability: If at any time any provision of these Delivery Terms is or becomes illegal, invalid or unenforceable in any respect, the legality, validity and enforceability of the remaining provisions of these Delivery Terms shall not be affected or impaired, and shall continue in force as if such illegal, invalid or unenforceable provision was severed from these Delivery Terms.

13.4 Third Parties: A person who is not a party to these Delivery Terms shall have no right to enforce these Delivery Terms, regardless of whether such person or entity has been identified by name, as a member of a class or as answering a particular description.

13.5 Assignment: You may not assign your rights under these Delivery Terms without our prior written consent. We may assign its rights under these Delivery Terms to any third party.

13.6 Correction of errors: Any typographical, clerical or other error or omission in any acceptance, invoice or other document on your part shall be subject to correction without any liability on your part.

13.7 Language: In the event that these Delivery Terms are translated in any language other than English, the English language version of these Delivery Terms shall prevail.

13.8 Entire Agreement: These Delivery Terms shall constitute the entire agreement between you and us relating to the subject matter hereof and supersedes and replaces in full all prior understandings, communications and agreements with respect to the subject matter hereof.

13.9 Conclusive Communications: You acknowledge and agree that any records (including records of any telephone conversations relating to the Delivery, if any) maintained by Kyaikkhami Shop, Seller or its service providers relating to or in connection with the Delivery shall be binding and conclusive on you for all purposes whatsoever, and shall be conclusive evidence of any information and/or data transmitted between Kyaikkhami Shop, you and us You hereby agree that all such records are admissible in evidence, and you shall not challenge or dispute the admissibility, reliability, accuracy or the authenticity of such records on the basis that such records are in electronic form or are the output of a computer system, and you hereby waive any of your rights, if any, to so object.

13.10 Governing Law: The Delivery Terms shall be governed by, and construed in accordance with the laws of Thailand and you hereby submit to the exclusive jurisdiction of the Court of Thailand.

Club point Terms of Use

Update on: 07 April 2022

1. Club point are digital reward points that Kyaikkhami Shop issues to you for your continued engagement on the Kyaikkhami Shop Platform. Kyaikkhami Shop issues Club point to you solely for use on the Kyaikkhami Shop Platform in accordance with these Club point Terms of Use (hereinafter “Terms” or “Terms of Use”). By participating in engagement activities on the Kyaikkhami Shop Platform, including obtaining Club point in any manner, you confirm that you have read, understood and agreed to these Terms, which constitutes a legally binding agreement between you and Kyaikkhami Shop under applicable law.

2. Club point have no cash or monetary value and Club point shall not be exchanged for currency in any form. Under no circumstances shall Club point be purchased, resold or transferred by, or to, Users, for monetary value or otherwise. Save for where expressly permitted by Kyaikkhami Shop, Club point shall not be regarded, construed, implied, or used as valuable or exchangeable instruments under any circumstance.

3. Club point expire three (3) months after they are credited to your Kyaikkhami Shop user account. Expiration dates are rounded up to the final day of the month which Club point expire. To illustrate, if a Club points is credited to your Kyaikkhami Shop user account on 15 June 2020 it shall expire on 30 September 2020. Kyaikkhami Shop reserves the right to alter the expiration date of any Club point issued to you at its sole discretion, and without prior notice to you. You acknowledge and agree that Kyaikkhami Shop shall not be liable for any losses that you, or any third party, incur as a result of an alteration of the expiration date of Club point.

4. The quantity and availability of Club point issued to you when you participate in engagement activities on the Kyaikkhami Shop Platform shall be determined by Kyaikkhami Shop at its sole discretion. You can check your Club point balance and redemptions history in your Kyaikkhami Shop user account. Your Club point balance and redemption history as set out in your Kyaikkhami Shop user account shall serve as a conclusive evidence of the same.

5. Club point may be exchanged for (a) electronic voucher(s) for Users to obtain discounts or other benefits on products listed on Kyaikkhami Shop Platform (“Voucher”), (b) free products and/or services as offered by Kyaikkhami Shop, (c) participation in promotional events and/or user engagement tools and mechanics on Kyaikkhami Shop Platform, and/or (d) any other products, rewards, services, electronic or physical vouchers, as Kyaikkhami Shop may announce or notify to you from time to time (collectively “Club points Rewards”). The exchange of Club point for Club points Rewards may be subject to further terms and conditions specific to a promotional scheme, program or activity. The issuance of Club point by Kyaikkhami Shop to you shall NOT be constituted, considered, construed, or implied as a reservation of any promotional products or services on Kyaikkhami Shop Platform made by Kyaikkhami Shop in your favour.

6. Kyaikkhami Shop determines the quantity of Club point required for an exchange for Club points Rewards. This quantity of Club point may change from time to time as announced or notified by Kyaikkhami Shop, and without any prior notice, to you.

7. Any Club point issued to any User shall be exchanged for Club points Rewards only during the time period specified by Kyaikkhami Shop, subject to the availability of the applicable Club points Reward. The time period during which a User may exchange Club point for Club points rewards may be specified or amended by Kyaikkhami Shop at any time, included after the initial launch of the promotional scheme, program or activity which allows you to exchange Club point for Club points Rewards.

8. Club point Rewards

8.1. Any Club point Rewards redeemed and accumulated by a User from Club point are subject to Terms & Conditions for Voucher, and shall only be usable or claimable for discounts on Products offered for sale on the Kyaikkhami Shop platform only during the period and under the conditions specified by Kyaikkhami Shop and/or Kyaikkhami Shop’s partner.

8.2. Any Club point Rewards which have not been claimed or used during such period shall lapse and become void and of no further use.

8.3. Any Club point Rewards are non-transferable, non-refundable and cannot be exchanged for cash.

8.4. Club point Rewards are available in limited number and shall be available on a first-come first-serve basis and while stock lasts unless otherwise specified by Kyaikkhami Shop either in Specific Rules or elsewhere.

8.5. Kyaikkhami Shop reserves the right to cancel any Club point Rewards awarded to a User or Orders placed in connection with any Club point Rewards that were obtained under or as a result of Club point Redemption at its sole discretion and without prior notice including the case that where Kyaikkhami Shop determines in its sole and absolute discretion that such User has breached any terms including but not limited to Engagement Tools Terms, the Terms of Use, Privacy Policy and/or the Terms & Conditions of Sale.

8.6. Users shall be responsible for all relevant taxes and other charges which may be imposed by any taxing authority in relation to any amount payable under this Program. If Kyaikkhami Shop is required under the law to deduct or withhold any sum as taxes imposed on or in respect of any amount due or payable to the User, Kyaikkhami Shop reserves the right to make such withholding as required and pay the net amount to the User.

8.7. In the event that the Order relating to Club point is canceled or Product is returned by the User, the User will not receive any Club points refund but will receive only of the amount actually paid.

8.8. Expired Club point cannot be used, refunded and redeemed in any event.

9. Kyaikkhami Shop reserves the right to cancel or void any Club points issued to a User, any orders placed in connection with any Club points, including where used in conjunction with a Voucher, or any orders for products placed in connection with any Club points, where it determines or reasonably believes that such User has breached any provision under any terms and conditions applied to Users on Kyaikkhami Shop Platform, including but not limited to any specific game rules, the Terms of Use; the Terms & Conditions of Sale; and Platform Engagement Tool Terms and Conditions. For the avoidance of doubt, Kyaikkhami Shop may reject a User’s request to redeem Club points where Kyaikkhami Shop reasonably believes that that the redemption transaction may be suspicious, illegal, involves any criminal activity or involves Club point that have been obtained through dishonest or fraudulent means or abusive behavior of the Users.

10. All concerns relating to Club points should be directed to Kyaikkhami Shop Customer Care through the following: You agree that any claims in relation to Club point a shall be made within one (1) month of the issuance date and we may require relevant evidence which may include your personal information to support your claim.