Terms & Conditions
Kanz Kollective (“Kanz Kollective”, “we”, or “us”) provides its services to you subject to the Terms and Conditions detailed herein (“Terms”), governing the relationship between Kanz Kollective and the Buyer and Seller (Buyer and Seller, together, the “Users”).
The Users as well as any visitors to the Site acknowledge that these terms and conditions have been declared and communicated to them by Kanz Kollective, and that they have been thoroughly acquainted with and comprehend them adequately. The Users further acknowledge not to violate any laws, rights, or agreements related to any party involved.
1 GENERAL TERMS
If any of the conditions in these Terms are deemed invalid, void, or for any reason unenforceable, the Users agree that the relevant court should endeavor to give effect to the Users' intentions as reflected in the provision, and the unenforceable condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition. Headings are for reference purposes only and do not limit the scope or extent of such section. The failure of Kanz Kollective to act with respect to a breach by the Users or others does not waive its right to act with respect to subsequent or similar breaches. Kanz Kollective does not guarantee to take action against all breaches of these Terms. Except as otherwise expressly provided in these Terms, there shall be no third-party beneficiaries to these Terms. These Terms constitute the entire agreement between the Users and Kanz Kollective.
Kanz Kollective reserves the right to amend, modify, or otherwise change these Terms at its sole discretion from time to time. Any such amendments, modifications, or changes will be effective immediately upon posting on Kanz Kollective’ website (“Site”) or through other means of communication deemed appropriate by Kanz Kollective, including, but not limited to email, and notifications posted on the Site. Users are encouraged to review these Terms regularly to stay informed of any changes made to these Terms. Continued use of the Site after any amendments, modifications, or changes to these Terms constitutes acceptance of those changes. It is the responsibility of Users to ensure that the contact information provided to Kanz Kollective is accurate and up to date to receive such communications. Users acknowledge and agree that it is their responsibility to review these Terms periodically and to be aware of any amendments, modifications, or changes. Kanz Kollective reserves the right to refuse service to anyone for any reason at any time.
1.1 Description of Service
On its Site, Kanz Kollective allows Sellers to list their luxury products (“Items”) for sale and for Buyers to purchase those products for an advertised fixed price (the "Services"). In certain transactions facilitated through the Site, Kanz Kollective may acquire flash title to an Item sold to the Buyer, whereby such title will pass from the Seller to Kanz Kollective immediately before the same title is transferred from Kanz Kollective to the Buyer at the point of sale (“Flash Title Structure”). For all other transactions involving an Item, Kanz Kollective acts as a mere platform provider, where it does not acquire title to the Items sold and where Kanz Kollective’ role is limited to facilitating the transaction in accordance with these Terms (“Facilitator Structure”).
Whether Kanz Kollective applies the Flash Title Structure or the Facilitator Structure, it is entirely to its own discretion.
Additionally, Kanz Kollective reserves the right to sell directly to Buyers on its Site from its own inventory of products it purchases separately (“Inventory”). “Items” and “Inventory” may be collectively referred to as “products” in these Terms and shall include both in such cases. Individual references to “Items” or “Inventory” shall only apply to one or the other, as the case may be.
1.2 Survival of Terms
Notwithstanding any other provisions of these Terms, or any general legal principles to the contrary, any provision of these Terms that imposes or contemplates continuing obligations on a party will survive the expiration or termination of these Terms.
In the event that any provision of these Terms is deemed unenforceable or invalid by a court of competent jurisdiction, such provision shall be modified or severed to the extent necessary to render it enforceable and valid, while preserving the intent of the parties as closely as possible. The validity and enforceability of the remaining provisions of these Terms shall not be affected thereby and shall remain in full force and effect.
1.4 Governing Laws and Disputes
These Terms are governed by and construed in accordance with laws of the UAE.
Users hereby agree that any dispute arising out of or in connection with these Terms or any purchase, including any question regarding its existence, validity or termination and any dispute regarding non-contractual obligations arising out of or in connection with them, shall be referred to and finally resolved by the Courts of Abu Dhabi.
In the event of any discrepancy or inconsistency between translations of these Terms in different languages, the English version of these Terms, which can be found at www.Kanz Kollective.com, shall take precedence over any other translated versions. All parties hereby acknowledge and agree to abide by the English version as the authoritative and controlling version of these Terms in the event of any dispute.
1.5 Force Majeure
In case of force majeure, Kanz Kollective is not obliged to fulfill its obligations under these Terms. In that case Kanz Kollective may either suspend its obligations, or the Services, for the duration of the state of force majeure or definitively repudiate these Terms.
Events of force majeure are all circumstances external to Kanz Kollective’ will and control that render the respect of Kanz Kollective’ obligations completely or partly impossible. Such events include, but are not limited to, strikes, fire, pandemics, epidemics, unavailability of locations, disruption of energy supplies or telecommunication networks or communication systems and/or the temporary downtime of the Site, inability to process payment or other third-party obligations.
2 WEBSITE USE
2.1 License and Site Access
These Terms are applicable to Users of Kanz Kollective’ Site. Kanz Kollective reserves the right to terminate access to the Site in the event of any violation on part by a User, or if there are valid reasons to believe that a User has violated these Terms.
Users shall not be permitted to violate or attempt to violate the procedures and regulations applicable to the Site’s protection. Such procedures and regulations include but are not limited to:
(a) Access to data that is not intended for the particular User or logging into a server or an account that the User is not authorized to access.
(b) Attempt to conduct any sort of test or survey to detect any vulnerability in a system or network used by Kanz Kollective, or for violating or documenting the integrity of the applicable procedures, without an official authorization from the Kanz Kollective.
(c) Attempt to interfere with or disrupt the provided service to any User, host, or network. Such attempts include but are not limited to placing a virus on the website, overloading or overwhelming the website, sending promotional messages or ads, flooding it with emails, or even crashing it.
(d) Send unsolicited emails to the Site including advertisements of services or products, forging any TCP/IP or any part of the address details in any email, or sending newsletters.
(e) Use Kanz Kollective’ Site by any means to send emails relating to the website, on its behalf, or by referring to it, or assuming its identity in order to defame the Kanz Kollective, its website or any person, or announce any false news or information and attribute them to Kanz Kollective.
Violators of the rules of usage, system or network will be subject to civil and criminal liability. Cases of such violations shall be investigated, and the person involved shall be legally prosecuted.
2.2 Account Registration
In consideration of the Users’ use of the Site, Users represent that they are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the UAE or other applicable jurisdiction.
Users also agree to provide true, accurate, current and complete information about themselves as prompted by the Site's registration form and warrant the accuracy of such information. Users are responsible for keeping their personal information up to date on the Site and to promptly update any information provided upon registration on the Site where it becomes inaccurate or untrue. Kanz Kollective is not responsible for any loss, damage or claims for compensation arising from the User’s failure to provide accurate and up to date information.
If the Users provide any information that is or becomes untrue, inaccurate, not current or incomplete, or Kanz Kollective has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Kanz Kollective reserves the right to suspend or terminate the Users’ account and refuse any and all current or future use of the Site, or any portion thereof. If the Users use the Site, they are responsible for maintaining the confidentiality of their account and password, and for restricting access to their computer.
Users agree to accept responsibility for all activities that occur under their account or password. Users remain liable for all costs, fees, charges and other amounts and any loss or damage caused to Kanz Kollective as a result of any unauthorized use of the Site including but not limited to the amounts payable to Kanz Kollective as a result of a successful online transaction.
Users agree to notify Kanz Kollective immediately of any unauthorized use of their account or any other breach of security. Kanz Kollective reserves the right to refuse service, terminate accounts, or remove or edit content in its sole discretion.
Any false or misleading information provided by the User will not negate any obligation the User has to Kanz Kollective.
2.3 Electronic Communications
Kanz Kollective accepts payment forms it lists on its Site. When Users use the Site or send emails to Kanz Kollective, they are communicating with Kanz Kollective electronically. Users consent to receive communications from Kanz Kollective electronically. Kanz Kollective will communicate with the Users by email or by posting notices on the Site. Users agree that all agreements, notices, disclosures and other communications that Kanz Kollective provide electronically satisfy any legal requirement that such communications be in writing.
2.4 Disclaimer of Warranty
All content, products, and services on the Site, or obtained from a website to which the Site is linked (a "Linked Site") are provided to you "as is" without warranty of any kind either express or implied including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose, title, non-infringement, security or accuracy.
Kanz Kollective does not endorse and is not responsible for:
(a) the accuracy or reliability of any opinion, advice or statement made through the Site by any party other than Kanz Kollective.
(b) any content provided on Linked Sites.
(c) the capabilities or reliability of any product or service obtained from a Linked Site; or
(d) any technical or human errors that arise from software, tech, IT (Information Technology), bug, malware, virus attack, hack, not limited to these unforeseen situations which may or may not result in inaccurate content, pricing and original retail price, description, etc.
2.5 Limitation of Liability
If you are dissatisfied with any portion of the Site, or with any provision of these terms, your sole and exclusive remedy is to discontinue using the Site. Under no circumstances shall we be liable to any User or any third party on account of that User's use of the Site.
For transactions under the Facilitator Structure, and subject to Clause 3, users expressly understand and agree that Kanz Kollective’ Site acts as a platform and is not involved directly in contracts between the Users. Consequently, Kanz Kollective, and its subsidiaries, affiliates, parents, joint ventures officers, employees, agents, partners and licensors cannot be sued or held liable concerning product details, specifications, or ownership issues, any direct, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, inaccurate pricing due to human error, technical error or bug, software glitches etc., damages for loss of profits, goodwill, use, data or other intangible losses (even if Kanz Kollective has been advised of the possibility of such damages), resulting from use of the Site, content or any related services.
Kanz Kollective will not be held accountable for any special, incidental, direct, indirect, consequential damages or any potential loss of profits to the Users. To the extent permissible under applicable law, this covers a broad spectrum of damages, including loss of profit and financial losses, regardless of their nature.
Users undertake to refrain from using any form of hacking tools or programs, such as Hackers, Robots, Spiders, Scrapers, etc., to access the Site, for any reason whatsoever. Additionally, Users undertake to comply with all provisions of laws pertaining to cybercrime as per UAE federal law.
Users undertake to refrain from any activities that might negatively affect the infrastructure of the Site, hinder user access, or limit access to certain user categories in any way whatsoever.
2.6 Indemnity
Users agree to defend, indemnify on demand and hold Kanz Kollective and its affiliates, parents, subsidiaries and joint ventures and each of Kanz Kollective’ or their respective officers, directors, agents, employees, partners, content providers, service providers, suppliers and licensors harmless from any and all claims, demands, liabilities, costs, losses (including without limitation consequential and indirect losses) and expenses (including reasonable attorneys' fees), or arising out of or related to: (i) their breach of these Terms, or their violation of any law or the rights of a third party; (ii) your use of or reliance on the Site or any services, content, functions, information, materials or products available through the Site; (iii) your purchase or use of any products through the Site; (iv) your placement or transmission of any message, content, information, software or other materials through the Site.
2.7 Trademarks
The trademarks, logos and service marks ("Marks") displayed on the Site are the property of Kanz Kollective and other parties. Users are prohibited from using any Marks for any purpose including but not limited to use as metatags on other pages or sites on the World Wide Web without the written permission of Kanz Kollective or such third party which may own the Marks. All information and content including any software programs available on or through the Site ("Content") may be protected by copyright. Users are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works or using any Content available on or through the Site for commercial or public purposes.
Kanz Kollective is not associated with the brands that it sells, which are a registered trademark of the respective brand owners and not of Kanz Kollective.
2.8 Third-Party Intellectual Property Rights
Kanz Kollective respects the intellectual property of others and asks Users to do the same. Kanz Kollective may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of Users who may be infringing the intellectual property of a third party.
3 BUYER TERMS
This section constitutes a binding agreement between the User (hereafter within these Buyer Terms "Buyer") and Kanz Kollective. Kanz Kollective is in no way associated with the brands that are sold on its Site. These buyers’ terms apply to products advertised for a fixed price and includes all Items sold under either the Flash Title Structure or the Facilitator Structure, as well as all Inventory.
3.1 Purchase Terms
Buyer wishes to purchase certain products as may be displayed and described on Kanz Kollective’ Site. It is Kanz Kollective’ sole discretion to display or remove the displayed product depending on its availability or non-availability. Kanz Kollective is not liable to inform or alert the Buyer before removing or adding such a product. Kanz Kollective wishes to sell the Item on behalf of a Seller, subject to Buyer agreeing the following Buying terms:
(a) Buyer acknowledges that Kanz Kollective’ authentication process is in-house and independent of any brand association of any kind or nature. Brands mentioned on the Site are not involved in the authentication of the product being sold and none of the brand owners, Kanz Kollective or Sellers assume or own any responsibility for any product purchased through the Site.
(b) As a courtesy to the Buyer, Kanz Kollective may or may not provide descriptions and condition description of the product on the Site and through other direct or indirect, online or offline means of communications. Buyer should note that descriptions of the products are not warranties and that each product is sold ‘as is.
(c) Buyer canceling an order must contact Kanz Kollective via the platforms specified on its Site.
(d) The methods of payment for a purchased product as accepted by Kanz Kollective are communicated via the Site.
All product prices are exclusive of VAT, duties and any other taxes unless stated otherwise.
3.2 Product Availability and Descriptions
The products listed on the Site are subject to availability and may be limited in quantity. Kanz Kollective aims to ensure that product descriptions, images, and specifications provided on the Site are accurate and up to date. However, Kanz Kollective does not warrant that such information is error-free, complete, or current.
Kanz Kollective actively manages its inventory of products to reflect real-time availability of products on the Site. However, discrepancies may occur due to unforeseen circumstances such as inventory damage, theft, or system errors.
In the event that a product becomes unavailable due to such unforeseen circumstances after purchase, Kanz Kollective will notify the Buyer and provide options for a refund or substitution in accordance with the Terms provided herein. Kanz Kollective reserves the right to modify or delist any products on the Site without prior notice.
3.3 Payment
If the Buyer chooses to purchase any of the products listed on the Site, the Buyer agrees to pay the fees designated for the product selected and in accordance with these Terms and any additional payment terms or policies located on the Site. Payments are all processed through the platforms specified on the Site. Kanz Kollective may change the payment processing options from time to time. The Buyer’s continued use of the Site serves as acceptance of the use of any future payment processor.
Kanz Kollective reserves the right to refuse any order the Buyer places on the Site. Kanz Kollective may, in its sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same credit card or Account, and/or orders that use the same billing address. In the event that Kanz Kollective makes a change to or cancels an order, Kanz Kollective may attempt to notify the Buyer by contacting the e-mail and/or phone number provided at the time the order was made. Kanz Kollective reserves the right to limit or prohibit any orders.
The Buyer agrees to provide current, complete and accurate purchase and account information for all purchases made through the Site. The Buyer agrees to promptly update billing and other information, including their email address and payment processing information, so that Kanz Kollective can complete their transactions and contact the Buyer as needed.
The Buyer’s card issuer agreement governs the use of the Buyer’s designated card in connection with the Site, and the Buyer must refer to that agreement and not these Terms to determine their rights and liabilities as a cardholder.
Prices for products listed on the Site are determined based on factors including market demand and inventory management considerations. Pricing is subject to change without notice.
Payment for orders must be made in full at the time of purchase to secure the product(s).
3.4 Transfer of Title
The title to the products ordered is transferred to the Buyer the moment the product is dispatched to the Buyer (where the contract for the sale of the product is concluded), provided that the Buyer has made full payment of the product(s), (including product price, delivery charges if any and any other charges payable under these Terms, if any).
Risk of damage or loss is transferred on actual delivery, or the first attempted delivery (whichever is earlier) to the Buyer or to somebody identified by the Buyer to carry or take possession of the product on the Buyer’s behalf. Once delivered to the Buyer, or to somebody identified by the Buyer to carry or take possession of the product on the Buyer’s behalf, that person assumes all risk in relation to the product. If a Buyer fails to accept delivery of a product for whatever reason, Kanz Kollective will, in addition to any other remedies available to them, be entitled to terminate the Buyer’s access to the Site.
3.5 Fulfillment, Handling and Delivery of products
The Buyer acknowledges and agrees that Kanz Kollective or one of its third-party fulfillment service providers acting on its behalf (each a “Fulfillment Provider”), may handle the delivery and fulfillment of the Buyer’s purchase, and that Kanz Kollective or such third party has the sole discretion as to the Fulfillment Provider it chooses to use.
Not all products can be delivered anywhere (due to limitations imposed on the products or by the destination). The Site will notify the Buyer if a product cannot be delivered to the Buyer’s specified address.
Delivery will be complete when the product is delivered to the address which the Buyer specifies when purchasing.
Different product(s) may be delivered on different dates. Unless otherwise stated, and subject to applicable laws, delivery dates given on purchase (or on the Site) are estimates only. Buyer’s initial request for the purchase of a product (“Order”) will be fulfilled by the delivery date set out in the confirmation provided by Kanz Kollective for the details of the Order (“Order Confirmation”). Delivery timeframes are affected by the Buyer’s delivery address and the delivery method selected. Kanz Kollective or third parties are unable to specify an exact delivery date and time.
The Buyer acknowledges and agrees that Kanz Kollective has no liability for any losses arising from delay in delivery to the extent that this is due to circumstances beyond its control.
If the Buyer receives notification of an unsuccessful attempted delivery, it is the responsibility of the Buyer to use the details provided to contact the delivery company to arrange re-delivery. Efforts will be made to deliver the Buyer's products(s) according to the details in the Order.
3.6 Order Acceptance and Confirmation
By placing an Order through the Site, the Buyer agrees to provide accurate and complete information necessary for order processing and delivery. All Orders are subject to acceptance and confirmation by Kanz Kollective.
Kanz Kollective reserves the right to refuse or cancel any Order for any reason, including but not limited to product availability, pricing errors, or suspicion of fraudulent activity. If an Order is canceled, Kanz Kollective will notify the Buyer and issue a refund in accordance with these Terms.
3.7 Limitation of Liability
Kanz Kollective does not warrant that product descriptions, titles, attributes, specifications, price or other content or any other information related to the products(s) are wholly accurate, complete, reliable, current, or error-free.
4 SELLER TERMS
This section constitutes a binding agreement between the User (hereafter within these Seller Terms "Seller") and Kanz Kollective for Items sold on Kanz Kollective’ Site for a fixed price and includes Items sold under either the Flash Title Structure or the Facilitator Structure. Kanz Kollective is in no way associated with the brands that are sold on its Site.
4.1 Estimated Market Price
The Seller agrees that Kanz Kollective, in its sole discretion, will determine the estimated market price for the Item, based on its appraisal evaluation of the Item together with its determination of the current market price for each specific Item in question (the "Estimated Market Price"). By agreeing to use the Site, the Seller is deemed to have accepted the Estimated Market Price. For the avoidance of doubt, Kanz Kollective reserves the right to refuse any item submitted by a Seller for sale for any reason at its sole discretion.
In the event that an Item remains unsold for 30 days, Kanz Kollective may suggest a price reduction, with notification sent to the Seller via the Site. The Seller’s consent is required for such price reduction. If the Item remains unsold (including where consent is not granted for a price reduction suggested by Kanz Kollective), the Seller may request the Item to be returned to them. Where the Seller requests an Item be returned within the Lock-in Period (i.e. 30 calendar days after the date it was listed on the Site), the Seller shall bear all costs associated with the return of the Item to them. Where the Seller requests an Item be returned to them outside of the Lock-in Period (i.e. more than 30 calendar days after the date it was listed on the Site), they may collect the Item from Kanz Kollective or request Kanz Kollective to deliver it to them (at Kanz Kollective’ expense save in respect of any customs duties and taxes charges incurred which will be borne by the Seller).
The Seller's home page on the Site will display the prices and payouts of the Items uploaded, including charges like shipping, insurance fees, and VAT, duties and any other taxes, depending on the country selected on the website.
Kanz Kollective reserves the right to modify the price of a Seller’s Item in its sole discretion where it is commercially advisable to do so. Kanz Kollective will endeavor to provide the Seller with notice of such change and may take certain actions with respect to such Item, including but not limited to, resolving the case collaboratively with the Seller or notifying the Seller of any cancellation or refund.
4.2 Selling Price and Appraisal
All Items sold on the Site will be appraised by Kanz Kollective. The Seller shall submit the relevant information and documentation required for the appraisal of the Items it intends to sell on the Site. Kanz Kollective will conduct an appraisal, taking into consideration, among other things, the current resale market value, rarity, quality, condition, category, brand, model, material, color of the Items, the historical sales performance of similar products on the Site, currency fluctuations and the opinion of our staff.
An appraisal report will be provided to the Seller upon completion of the appraisal process. Kanz Kollective and the Seller agree to maintain confidentiality of all information exchanged during the appraisal process.
Kanz Kollective reserves the right to set the selling price for each Item at its discretion, taking into consideration the appraisal report, market conditions, demand, and other relevant factors (“Selling Price”). The Selling Price may differ from the Estimated Market Price. The Seller acknowledges and agrees that Kanz Kollective has the sole discretion to adjust the Selling Price.
4.3 Seller Sends Items
Kanz Kollective is responsible for arranging the shipment of Items to Kanz Kollective’ warehouse at its own expense and using a reputable courier service. Kanz Kollective assumes no responsibility for the condition of the Items during transit. It is the Seller’s responsibility to ensure that the Items are properly packaged and protected for transit to minimize the risk of damage during shipment. Risk is transferred to Kanz Kollective once the Items are physically delivered and received at Kanz Kollective’ warehouse.
Upon delivery to Kanz Kollective’ warehouse, Kanz Kollective will exercise reasonable care in storing the Items to prevent damage or loss. Kanz Kollective will not be held liable for any damage or loss to the Items that occur before they are received and accepted at the warehouse.
Kanz Kollective reserves the right to refuse acceptance of any Items that are damaged upon arrival at the warehouse. In such cases, the Seller will be notified, and arrangements for the return of the damaged Items will be made at the Seller’s expense.
Once the Items are accepted and stored in the warehouse, Kanz Kollective will take reasonable measures to maintain their condition until they are sold or otherwise disposed of according to these Terms.
4.4 Kanz Kollective Authentication
Prior to making products available for purchase to the Buyers on Kanz Kollective’ Site, Kanz Kollective conducts an assessment of authenticity (“Authenticity Check”) of the products. By using the Site, Sellers acknowledge and agree that their Items will be subject to the Authenticity Check. If the Item does not pass the Authenticity Check, Kanz Kollective reserves the right to refuse making the Item available for purchase on its Site. Sellers understand and acknowledge that the Authentication Check is conducted in-house and is independent of any brand association or involvement pursuant to these Terms, specifically Clause 6.2. For the avoidance of any doubt, the Authentication Check performed by Kanz Kollective is part of the process of listing Items for sale on the Site and does not constitute a separate service. Kanz Kollective does not provide Buyers a guarantee of authenticity for Items sold on its Site.
Kanz Kollective shall have no liability in relation to the Authentication Check performed by it. Sellers acknowledge and agree to hold Kanz Kollective harmless from any claims, losses, or damages resulting from reliance on the Authentication Check, except in cases of willful misconduct or gross negligence on the part of Kanz Kollective.
4.5 Title to Items
4.5.1 Facilitator Structure
Upon successful completion of a transaction on the Site, and subject to Clause 3.3, title to certain Item(s) shall transfer directly from the Seller to the Buyer under the Facilitator Structure. Kanz Kollective does not assume any ownership rights or responsibilities over the title to the Items and is solely facilitating the transaction as an intermediary Site for Sellers and Buyers. Kanz Kollective acknowledges that it holds Items in its possession on behalf of the Seller until such time as title passes in accordance with this Clause.
4.5.2 Flash Title Structure
Upon successful completion of a transaction on the Site, and subject to Clause 3.3, title to certain Item(s) shall transfer from the Seller to Kanz Kollective first and immediately after from Kanz Kollective to the Buyer under the Flash Title Structure. Kanz Kollective acknowledges that it holds Items in its possession on behalf of the Seller until such time as title passes in accordance with this Clause.
4.6 Delivery of Items
Kanz Kollective does not confirm and ship the Item(s) until after having received approvals from Kanz Kollective’ third-party partner authentication services who verify the Buyer’s credit card details and account.
Kanz Kollective dispatches Orders from its warehouse and is responsible for courier costs. Kanz Kollective is not liable for delay in Orders because of customs clearances at destination.
Kanz Kollective may be unable to successfully deliver Items because of a mismatch in live inventory listings. In such cases, Kanz Kollective may cancel such Orders if an Item is unavailable, damaged or found in a poor condition, and make a full refund if the Order has been paid for. The placement of an Order does not guarantee delivery of an Item.
4.7 Holdback period
Upon successful payment for Items by the Buyer on the Site, Kanz Kollective agrees to hold the proceeds from such sale for a period of 14 business days before disbursing funds to the Seller. During this period, Kanz Kollective will monitor for any return requests or disputes initiated by the Buyer.
This period of holdback (“Holdback Period”) serves to allow sufficient time for the Buyer to initiate a return or dispute with respect to a received Item. In the event of a return request or dispute raised within this period, Kanz Kollective will aim to resolve the matter efficiently and fairly. If a valid return is initiated, Kanz Kollective will manage the return process and, if applicable, adjust the proceeds payable to the Seller to account for additional courier expenses incurred by Kanz Kollective.
The Seller will be promptly notified of any return requests or disputes during the Holdback Period. Kanz Kollective will maintain clear and transparent communication regarding the status of the transaction throughout the process.
After the expiration of the 14- business day Holdback Period, and in the absence of any return requests or disputes, Kanz Kollective will release the applicable proceeds net of any interest accrued or deemed to accrue on such amount to the Seller. The payment to the Seller will be processed according to the payment methods specified in these Terms.
Kanz Kollective reserves the right to modify the duration of the Holdback Period, and any changes will be communicated to the Seller via email.
4.8 Commission Structure and Deductibles
Kanz Kollective charges commission based on the Selling Price of Item(s). For completeness, ‘commission’ may also mean the price difference between the price at which Kanz Kollective acquires an Item and the Selling Price under the Flash Title Structure, and not only the commission it may charge in the Facilitator Structure.
By agreeing to sell on the Site, the Seller is deemed to agree to the commission applicable for selling the Item(s). The commission on Items submitted will be computed and charged as per the following structure:
(a) The commission is based on the fees that Kanz Kollective charges to process, hold and showcase the Seller’s Item(s) on the Site.
(b) The commission structure cannot be contested or questioned, and it is exclusive of VAT and other eventual import and admin charges associated with the sale of the Item(s).
(c) By selling with Kanz Kollective, the Seller acknowledges and agrees to the commission that is due to Kanz Kollective.
The commission may differ according to the category and the selling value of the Item(s). The specific commission amount for each Item will be communicated to the Seller through the Site.
The commission charged by Kanz Kollective for its Services includes deductions related to shipping, handling and courier services, insurances (where applicable) and appraisals. The specific amounts and details of these deductions will be transparently communicated to the Seller. The net proceeds, factoring in these agreed-upon deductions within the overall commission structure, will be disbursed to the Seller in accordance with the payment policy in these Terms. Any additional fees associated with these Services are encompassed within the overall commission, making them the responsibility of the Seller.
4.9 Payment to the Seller
Upon the completion of a successful transaction on the Site, the Seller acknowledges and agrees that Kanz Kollective will deduct the agreed-upon commission and deductibles (see above) from the total transaction amount. The net proceeds, after deducting the commission and deductibles, will be disbursed to the Seller in a timely manner. The payment method will be determined by Kanz Kollective, and any associated transaction fees shall be borne by the Seller.
4.10 Requirements for UAE Business Clients
UAE business clients must possess a valid trade license and comply with all relevant UAE laws to sell on the Site. By listing items, clients guarantee the authenticity and accuracy of product descriptions. Kanz Kollective reserves the right to remove listings and contact authorities if items are suspected to be counterfeit or stolen, and to take appropriate legal action to protect its interests.
5 APPRAISAL AND AUTHENTICATION
5.1 Appraisal
Kanz Kollective conducts in-house appraisal of products sold on its Site. Such appraisal encompasses comprehensive evaluation of the product(s) considering factors such as market value, condition, brand, category, and other relevant criteria.
For Items sold under the Facilitator Structure or Flash Title Structure, Sellers must submit necessary information and documentation regarding the Item(s) to be appraised. Kanz Kollective will prepare an appraisal report detailing the findings, valuation, and any pertinent information regarding the Item(s) for purposes of transparency. For the avoidance of any doubt, Kanz Kollective does not engage in the provision of independent appraisal services and only conducts such assessment as a precondition to listing on its Site. Appraisal by Kanz Kollective is a mandatory requirement of selling on Kanz Kollective’ Site.
Kanz Kollective and the Seller shall maintain the confidentiality of all information exchanged during the appraisal process. The appraisal report and any related documentation shall be handled with discretion to safeguard the Seller’s proprietary information.
Kanz Kollective will not be held liable for any indirect, consequential, or incidental damages arising from the appraisal services, except in cases of willful misconduct or gross negligence.
5.2 Authentication
Kanz Kollective conducts its Authentication Check as a precondition to listing a product on its Site. The Authentication Check encompasses an examination of the products(s), utilizing industry expertise to verify their authenticity and origin. Authentication by Kanz Kollective is a mandatory requirement of selling on Kanz Kollective’ Site.
The Authentication Check is conducted by using a variety of methods, which may vary depending on the category of the product. These methods include, but are not limited to:
(a) Original receipt or certificate of authenticity
(b) Serial number verification
(c) Date codes or manufacturing markings
(d) Hallmark details for precious metals
(e) Brand labels and logos
(f) Examination of hardware components
(g) Assessment of stitching quality
(h) Evaluation of decoration details
(i) Inspection of leather or fabric quality
(j) Assessment of craftsmanship
(k) Verification of stamping and packaging authenticity.
If the Seller submits an Item for sale on the Site, it will receive a “Pending Authentication” status automatically. Once the Item has been received by Kanz Kollective and passed through the quality check and Authentication Check, the Item will be released of Pending Authentication status and will be made available to Buyers on the Site for purchase.
The Seller warrants the Item(s) to be authentic. In the event that Kanz Kollective determines, in its sole discretion, the Item(s) to be counterfeit, the Seller agrees to pay back any payout for the Item (including holding and processing as applicable), and shipping fees for return of Item. The Seller acknowledges and agrees that failure to comply with these requirements may result in additional actions by Kanz Kollective, including but not limited to suspension or termination of the Seller's account in addition to any and all legal rights of recourse Kanz Kollective may have against the Seller.
Kanz Kollective reserves the right to dispose of or destroy Items that are found to be inauthentic, as per UAE regulations. Kanz Kollective will inform the Seller of any rejections due to counterfeit.
Kanz Kollective will not be held liable for any indirect, consequential, or incidental damages arising from the Authentication Check, except in cases of willful misconduct or gross negligence.
6 RETURNS
Users are liable to read specific return terms and conditions and other policies related to returns (if any) and these Terms and be informed about the return and refund policies before initiating a return. These return terms apply to fixed price purchases.
6.1 Return by Buyer
This returns policy applies to all Buyers purchasing product(s) on the Site for a fixed price.
6.1.1 All Returns
All sales are final. Subject to Clause 7.1.2, no refunds or exchanges will be given.
This returns policy is in addition to, and does not affect, the separate legal right of cancellation that may be available in a specific jurisdiction.
6.1.2 Limited returns
If within 5 business days following delivery of a product to the Buyer (which may be extended at the sole discretion of Kanz Kollective), Kanz Kollective receives from the Buyer notice in writing, accompanied by the written opinion of a competent expert or authority (as determined by Kanz Kollective in its sole discretion), that the product as purchased is not as described on the Site or otherwise as represented by Kanz Kollective, then Kanz Kollective will endeavor to, within 14 business days of receipt of such notification, either refund to the Buyer the full amount paid by the Buyer to Kanz Kollective or will repair the product at the sole discretion of Kanz Kollective.
Kanz Kollective must be satisfied as to the validity of the claim, otherwise the product will be returned to the Buyer without any further action required to be taken by Kanz Kollective.
This subclause is subject to the Buyer returning the product purchased in the same condition and state of repair including the return of any certificates, documents, packaging and other materials provided by Kanz Kollective to the Buyer. Kanz Kollective shall not be liable to the Buyer for any direct or indirect loss or consequential loss or damage suffered or expense incurred by the Buyer for any mistake, error, misstatement or omission or otherwise in respect of the description of a product. The benefit of this condition shall not be assignable and shall rest solely and exclusively in the Buyer who shall be the person to whom the original invoice was made out by assignable in respect of the product when sold and who has since the sale retained uninterrupted and unencumbered ownership of the product. The benefit of this condition will expire 12 months following the invoice date for the product.
6.2 Return by Seller
6.2.1 Items Withdrawn by Seller
Kanz Kollective provides a 30 calendar days lock-in period for all Sellers (30 calendar days calculated from the date an Item is first listed on the Site), (the “Lock-in Period”). Should a Seller wish to withdraw their Item(s) during this period such Items may be withdrawn by Kanz Kollective and returned to the Seller. In accordance with Clause 4.1, the Seller shall bear all costs (including but not limited to, shipping, handling and courier services and/or insurances (where applicable)) associated with the return of the Item to them within the Lock-in Period in addition to a minimum charge of US$100.00 per Item which may be added by Kanz Kollective in its sole discretion.
For Items which are withdrawn by the Seller, and which are to be returned to the Seller after the completion of the Lock-in Period (i.e. a withdrawal request is received or processed after the Lock-in Period), the cost of return shipping charges will be covered by Kanz Kollective, however, for the avoidance of doubt, any handling, customs duties and taxes charges, insurances (if applicable) incurred will be borne by the Seller.
The reshipping fee of the Item(s) will be charged to the Seller if the shipment was returned to Kanz Kollective due to delivery failure, refusal or non-availability of the Seller.
If a Seller has elected to collect an Item directly from Kanz Kollective, and such Item is not collected within 14 days, Kanz Kollective reserves the right to relist them on its Site.
Kanz Kollective assumes no liability for holding charges, damages, or any confiscation by customs or the applicable clearance department due to refusal or failure to clear the shipment upon arrival at the destination provided.
6.3 Return from Kanz Kollective to Seller
6.3.1 Items that do not Pass Quality Check
Items that do not pass the quality check carried out by Kanz Kollective will be returned to the Seller. All costs for such returns, including return shipping, customs duties and taxes, and administrative fees, will be borne by the Seller. If contact cannot be established with the Seller within 30 days following the initial return notice, Kanz Kollective reserves the right to donate or dispose of the Item(s).
6.3.2 Items Returned by Buyer to Kanz Kollective
Upon receipt of the returned product(s) from the Buyer, Kanz Kollective acknowledges acceptance of the product(s) and undertakes a quality assurance check.
Under the Facilitator Structure, Kanz Kollective reserves the right to automatically relist the Item(s) on its Site if returned by the Buyer subject to the Seller’s approval. If the Seller decides to have the Item(s) returned to them, Kanz Kollective will cover return costs except if the Seller requests the Item(s) to be returned within the Lock-in Period (i.e. 30 calendar days of delivery to Kanz Kollective), in which case, the Seller will bear the costs of return.
Under the Flash Title Structure, Kanz Kollective reserves the right to retain ownership of the returned Items. As the holder of flash title, Kanz Kollective is not obligated to return the Items to the Seller. Instead, following receipt of the returned Item from the Buyer, Kanz Kollective may, at its discretion, choose to store, resell, or dispose of it, provided that it refunds the Seller in accordance with Clause 8.
7 REFUNDS
If the Buyer returns a product to Kanz Kollective pursuant to Clause 6.1, and upon inspection, the product meets the quality check requirements imposed by Kanz Kollective under these Terms, the Buyer shall be entitled to receive a refund equal to the Selling Price of the product returned, excluding any deductions or fees howsoever described applied to the refund at Kanz Kollective sole discretion. Refunds shall only be issued once the returned product is received by and deemed to be in the required condition by Kanz Kollective and Kanz Kollective reserves the right to refuse refunds for products that do not meet the return criteria outlined in these Terms.
If Kanz Kollective chooses to retain an Item in accordance with Clause 6.3.2, the Seller shall receive an amount equal to the Selling Price of the Item, net of any commission and deductions retained by Kanz Kollective and any fees incurred during the transaction.
Refunds are usually processed within 14 business days upon receipt and quality check of the returned product by Kanz Kollective. Kanz Kollective is not responsible for any delays in refund processing and the Buyer acknowledges and agrees that under no circumstances shall Kanz Kollective be liable to the Buyer or any third party on account of any delay in connection with a refund and in no event shall Kanz Kollective be liable to the Buyer or any such third party for any direct, indirect, punitive, exemplary, incidental, special or consequential damages or any damages whatsoever, including, without limitation, damages for loss of use or profits, arising out of or in any way connected with a refund.
The following applies to the method of refund which is determined by the Buyer’s payment method:
(a) Cash payment received by Kanz Kollective for products are refunded via online transfer to a bank account, with the Buyer bearing any associated bank fees.
(b) Credit card payments are refunded to the same credit card used at the point of sale and may take 7-14 business days for processing.
(c) Payments via bank transfers are refunded to the same bank account used at the point of sale and may take 7-14 business days for completion.
Refunds cover 100% of the Selling Price net of shipping costs, customs duties, taxes, and any other local fees paid by the Buyer.
In the event of an unsuccessful delivery (including refusal or non-availability of the relevant financial institution to which the refund is to be credited), any bank fees and/or charges, customs duties and taxes borne by Kanz Kollective will be deducted from the Buyer’s refund.
Kanz Kollective reserves the right to issue credit notes to the Buyer in satisfaction of a refund in its sole discretion (“Credit Note”). The following applies to all Credit Notes unless expressly notified to the refund recipient in writing:
(a) Credit Notes are issued only by Kanz Kollective’ Head Office in writing in its sole discretion.
(b) Credit Notes are not redeemable for cash and are non-refundable.
(c) All Credit Notes are valid for 12 months from the issue date. It is the Buyer’s responsibility to redeem the value placed on the Credit Note within that time frame. We are unable to extend Credit Notes beyond the expiry term.
(d) A Buyer who receives the Credit Note is responsible for the safety and use of the Credit Note.
(e) Amounts issued on a Credit Note are in AED or USD.
(f) Credit Note redemption can only be in AED or USD.
(g) Items purchased using a Credit Note are sold, subject to these Terms.
(h) If the Buyer’s purchase is greater than the value of the Credit Note, Kanz Kollective will require the Buyer to pay the additional amount.
(i) If the Buyer’s purchase is less than the value of the Credit Note, the credit note will be partially allocated to the purchase. The balance of the Credit Note will continue to be available for the Buyer’s use but must be fully redeemed within 12 months from the original date of issue of the Credit Note.
Buyers must provide proof of purchase for refund processing, such as order confirmation.
8 VALUE ADDED TAX (VAT) AND CUSTOMS
For the purposes of these Terms, Value Added Tax (“VAT”) means VAT as governed by Federal Decree-Law No. 8 of 2017 of the UAE. Taxes other than VAT (“Other Taxes”), means (i) any goods and services, sales, consumption or turnover tax and/or (ii) any imposition or levy of a like nature.
Sellers using the Site are responsible for determining their own VAT obligations, including, but not limited to, registration and reporting as required by UAE regulations.
8.1 Import and Administrative Charges
Kanz Kollective’ products are shipped from Dubai, UAE. All international deliveries from Kanz Kollective are subject to import and admin charges which are collected as follows:
(a) For GCC Countries (Bahrain, Kuwait, Oman, Qatar, Saudi Arabia): The import and admin charges are included in the product price and need not be paid at the time of delivery.
(b) For Rest of the World: Import and admin charges are not included in the product price and are to be paid by the buyer at the time of delivery.
8.2 Import and Export Regulations Regarding Tangible Property
The UAE and most foreign countries regulate the import and export of tangible property. This often involves a declaration of export for products leaving the country and an import declaration for products entering another country during customs clearance. Importing countries may levy duties, taxes, and/or restrictions on imported property. Many nations also prohibit or restrict the import/export of products containing ivory, tortoiseshell, whalebone, or materials from endangered species, requiring special licenses or permits for such transactions. Antiquities and cultural Items may be subject to regulation, including potential pre-emption rights or compulsory purchase by the exporting country. Sellers are responsible for ensuring lawful export of Items from their country of origin.
Kanz Kollective make no representation or warranty regarding the availability or issuance of valid import and export permits, or the exercise of pre-emption rights by governmental or regulatory authorities. Kanz Kollective accept no liability to the Seller, Buyer, or any third party in this regard.
9 LIABILITY
9.1 Kanz Kollective is not liable for delays or service interruptions caused by factors beyond our control, including but not limited to logistics failures or natural disasters.
9.2 Kanz Kollective’ liability is limited to the maximum extent permitted by law.
10 GOVERNING LAW
These Terms are governed by the laws of the Emirate of Dubai and the federal laws of the United Arab Emirates. Any disputes arising from or in relation to these Terms will be subject to the exclusive jurisdiction of the Dubai courts.
