This Limited Warranty and Return Policy (“Policy”) constitutes part of the Terms of Use which governs your rights and obligations when you shop with us. This Policy is issued by Florida Limited Liability Company KEYVAULT SOLUTIONS LLC (“keyvault,” “Company,” “we,” “us,” or “our”) to you, a consumer or other buyer who makes a purchase directly from us or from an authorized reseller (and includes a “gift recipient” (defined below) of a device or other product that we make or sell (the “Product”). This Policy only covers you, the original purchaser or original gift recipient, and this Policy, or any of its terms, cannot be assigned or transferred to any subsequent purchaser or user (and any attempt to do so is void), and this Policy, or any of its terms, is not valid for any keyvault products purchased from any source other than keyvault (via our website or any other way that keyvault allows you to purchase directly from keyvault) or a keyvault-authorized reseller. (For purposes of this Policy, a “gift recipient” is an individual who receives a new Product as a gift from the original purchaser. Proof of purchase of a covered Product, including order number for the applicable Product, may be required as a condition of coverage under this Policy.)
Unless specifically identified, all terms of use under this policy shall be applicable to all customers shopping with us. By placing an order with us or with an authorized reseller, you are deemed to have read and fully understood the terms of use contained herein.
With respect to any permitted cancellations or returns, you agree and understand that a failure by you to follow the applicable procedure described below may result in our having to reject a requested cancellation, return, exchange, or refund.
You agree that you have read and understand these POLICY, AND IF YOU NEED YOU HAVE USED A HELP OF LEGAL COUNSEL TO UNDERSTAND IT.
This Policy contains a mandatory arbitration provision that requires that you agree that any dispute between you and keyvault regarding your use of the product and service will be resolved by binding, individual arbitration and that you waive your right to participate in a lawsuit, a class action lawsuit or class-wide arbitration. For further information, please review section 07 related to “arbitration” below.
01. Cancellation of Orders Prior to Shipment
a. You may cancel your order and request a full refund of the Product at any time before shipment.
b. Order Cancellation Request Process. To cancel your order prior to the shipment of the Product, contact the keyvault support team at support@keyvault.info. After processing your cancellation request, we will notify you of your eligibility to receive a refund, and we will issue a refund via your original method of payment within ten (10) business days of our notice of your eligibility. Please realize that, during this process, you may need to submit certain additional information needed by us to process your request.
02. Returns & Refund/Exchange Request After Product Has Shipped (Applicable to US/Canada)
a. Returns Within 30 business Days of Shipping Date. If you are not completely satisfied with the Product, you can request to return the Product for a refund within thirty (30) calendar days of the original shipping date to you. Please note that you may request a return only if your Product is in “like new” condition and in the original packaging.
b. Return Request Process. To return a Product, contact the keyvault support team at support@keyvault.info to request a return merchandise authorization (RMA), which will include shipping instructions. All returns must be shipped in the original packaging, including all original accessories and packaging materials. Please note that, to receive the RMA, you will need to provide proof of purchase and any other relevant information we may need to process your return request. Once we have determined that your Product is covered by our Policy, we will send you the RMA and shipping instructions, and we will cover the U.S. domestic shipping costs.
keyvault is not responsible for packages lost in transit without the RMA and/or proof of tracking.
c. Refunds or Replacements. Once we have received your returned item, we will inspect the item to confirm it is eligible for return. If we determine the returned item is eligible, then we will email to notify you that you will receive a replacement item or a refund credited to the original payment method, depending upon whether you have requested a replacement or refund. Replacement items or refunds will be processed within ten (10) business days of receipt of the returned item.
d. Returns for Broken, Defective, or Missing Products. In the unlikely event a Product you ordered is broken, defective, or missing upon delivery to you, you can request to return a Product for refund or exchange, but, if we determined that the damages were caused by you (including your improper use, neglect, or accident), we reserve the right, in our sole and final discretion, to refuse a replacement or refund or to reduce the refund amount (proportionate to the Product’s decrease in value due to the damages you caused).
e. Ordinary Wear and Tear or Damages Caused by Your Improper Use or Accidents Not Covered. This Policy does not cover ordinary wear and tear or damage caused by improper use, neglect or accidents, subject to the terms of keyvault’s Limited Hardware Warranty. If you return an item that is in damaged condition, has signs of abuse, or is not in like-new condition, we reserve the right, all in our sole and final discretion, to refuse a replacement or refund or to reduce the refund amount (proportionate to the Product’s decrease in value due to the damages you caused).
03. Returns & Refund/Exchange Request After Product Has Shipped (Applicable to EU/UK): 30 Calendar Days Refund for Unopened and Unused Goods; Right of Withdrawal
The following is keyvault’s policy regarding the return of a Product after it has shipped. (See below for Products covered by our limited warranty.)
a. We offer a 30 calendar days refund policy for an unopened and unused Product.
b. For EU/UK customers only, you need to exercise the extra “Right of Withdrawal” within 14 calendar days of the delivery to you of the Product by sending an email to support@keyvault.info with the information set forth below in the separate section regarding Right of Withdrawal. You will then have 14 calendar days from the date you notified keyvault as indicated below of your exercise of the Right of Withdrawal to return the Product. If you attempt to notify keyvault of your exercise of the Right of Withdrawal after the initial 14 calendar days withdrawal period, you will not be able to request a refund for any original delivery costs incurred by you and you will also be responsible to pay the direct cost of returning the Product to us at a designated address. For more detail, see section Right of Withdrawal.
c. For all customers (including EU/UK customers who have not exercised their Right of Withdrawal as discussed above and below), there is a 30 calendar days refund period for any Product commencing from the delivery date if the Product returned to us is unused and in like-new condition. You must request your 30 calendar days refund of the Product by sending an email to support@keyvault.info. Shipping costs of the Product are not eligible for refund, and you will also be responsible to pay the direct cost of returning the Product to us at a designated address. However, this 30 calendar days refund policy does not apply to Products that reflect wear and tear or to any Product damaged or malfunctioning due to improper use. Depending on the condition of your returned Product, the amount of your refund may be reduced in proportion to the diminished value.
04. Right of Withdrawal (Applicable to EU/UK)
As set forth above, EU/UK customers have a “Right of Withdrawal.” The following is more detail concerning such Right of Withdrawal.
a. You have a Right of Withdrawal with respect to your order for any Product for a 14 calendar days withdrawal period that begins on the delivery date.
b. To exercise the Right of Withdrawal, you must notify us of your decision to withdraw from your order by electronically filling out the Notice of Withdrawal Form and by emailing a copy to support@keyvault.info.
c. To meet the withdrawal deadline, you must exercise your Right of Withdrawal before the 14-day withdrawal period expires. Once you have timely notified us of your exercise of your Right of Withdrawal, you will then have 14 calendar days from the date you notified us to return the Product.
d. If you have properly exercised your Right of Withdrawal as set forth in this Policy and have timely returned the Product to our designated address in the same condition as it was delivered to you, we will reimburse to you all payments that we have received from you, including the original shipping fee (with the exception of any upgrading shipping fees that have been selected by you) no later than 14 calendar days from the day on which we were notified of your decision to withdraw from your order. We will process the reimbursement using the same means of payment used for the initial transaction, unless you have expressly agreed otherwise. We may withhold reimbursement until we have received the Product or until you have provided sufficient evidence of returning the Product to us, whichever is the earliest.
e. You will be responsible to pay the direct cost of return shipment of the Product to our designated address, including but not limited to shipping charges and custom duties and other types of levies, if any.
f. You agree and acknowledge that the Right of Withdrawal is not unlimited and shall not be applicable to the following: (a) a Product purchased by you with any customization or personalization; (b) a Product that exhibits or reflects normal wear and tear; (c) a Product not suitable for return due to health protection or hygiene reasons, or any Product that was unsealed after delivery; (d) any other type of purchased items that are not covered by the Right of Withdrawal under any applicable laws and regulations.
05. Returns & Refund/Exchange Request After Product Has Shipped (Applicable to Other Territories)
As discussed above, this Policy applies only to Products purchased within the United States/Canada and EU/UK. If you are located outside of these territories and would like to request a return, please contact the keyvault support team at support@keyvault.info for assistance.
06. Warranty
The following is keyvault’s limited warranty policy (the “Warranty”) in the unlikely event there are any defects in a Product.
a. This Warranty covers defects in the Product for one (1) year or any statutory warranty period as provided under applicable laws, whichever is longer, commencing from the delivery date of the Product (“Warranty Period”). keyvault warrants that during the Warranty Period, the Product will be free from defects in materials and workmanship, and, under normal intended use, the Product will function substantially in accordance with Product documentation, instructions, or technical specifications.
b. Please note that our Warranty does not cover the following: (a) normal wear and tear; (b) defects or malfunctions caused by use that is not in conformity with Product documentation, instructions, or technical specifications; (c) damage or failure due to improper or abnormal use, accident, abuse, theft, vandalism, neglect, corrosion, collision, disasters (e.g., fire, rain, flood, wind, lightning, freezing or any other natural disasters or acts of God of any kind), discoloration of paint or plastic (or any other changes in cosmetic appearance that do not affect performance of the Product), electrical wiring, power reduction or fluctuation, power failure, introduction of foreign objects, exposure to fluids/liquids/moisture or extreme humidity, or modifications of any kind to the Product that are not expressly authorized by keyvault; (d) commercial use of the Product (e.g., use for personal or financial gain or use for commercial exploitation); (e) software and software functionality; (f) any warranty that the use of the Product will be uninterrupted or error-free; (g) damage or loss of access as a result of termination or suspension of your account or any applicable subscription; (h) damage caused by improper or incorrectly performed maintenance or repair; (i) use of Product with parts or accessories from third parties, or with parts or accessories not originally intended for or compatible with the Product; (j) a Product that has been resold or stolen, or that the Company reasonably believes to be resold, stolen, counterfeit, or purchased from an authorized reseller.
c. When covered defects are determined by us to have been existing upon delivery of the applicable Product, we will, on a case-by-case basis, offer you the following option(s): (a) to repair or replace the Product without any additional charge; or (b) if we determine the repair or replacement becomes difficult or financially unreasonable for us, we may refund a portion of the price while allowing you to keep the Product, or refund your full payment for a return of the Product.
d. In the case of refund of full payment of the Product, you must bear in mind that: (a) warranty shall only be extended to the original purchaser who directly purchased the Product or to the original gift recipient; (b) a full refund to the original purchaser (including a gift recipient) will include the original shipping cost, excluding any upgraded shipping fees that may have been selected by the original purchaser; (c) keyvault may provide, in its sole discretion, a pre-paid return shipping label or it may choose to reimburse you for return shipping costs to the designated address; (d) a refund will be processed within 30 calendar days after we have received the Product at our designated address and have confirmed that the Product has a covered defect. The refund will be credited to your original payment method or to other bank details that you specify if the Company has the ability to refund to these details.
e. Again, our Warranty applies only to defects that exist at the time of delivery. Thus, our Warranty is void if any of the following has occurred: (a) the firmware of the Product has been flashed or the Product is rooted (including being “jailbroken” or otherwise modified); (b) the body of the Product has been opened or any foreign objects have been introduced in an attempt to fix the Product; (c) any parts of the Product have been modified, removed, customized, or swapped; (d) the Product has been used in a way that it is not originally intended to be used; (e) the Product is continued to be used once a fault or error has occurred and such use has caused more damage.
f. You must adhere to the following process in order to claim a return for replacement of the Product or a refund of your payment: (a) contact us by sending an email to support@keyvault.info that: identifies the Product by SKU number or order number, details the issue you have with the Product, details the steps you have taken to resolve the issue, and uploads or otherwise includes photos showing the problem with maximum size in the aggregate for the images of 10 MB; (b) understand that additional proof such as a technical report from a third-party qualified testing lab may be required; (c) understand that a prima facie assessment of whether or not the applicable Product has a covered defect will be conducted by us and will be based on the materials and information submitted by you; (d) if a covered defect is confirmed by us, a “return merchandise authorization” (RMA authorization) will be sent to you for you to return the Product to our designated address. Return of a Product will not be accepted without a prior RMA authorization issued by us; (e) promptly after receiving the returned Product, technical inspection will be carried out onsite during which we will determine if any covered defect existed upon delivery; (f) in our sole discretion, we will determine the outcome of the refund request by taking into account factors such as the condition and value of the returned Product and the significance of the defect to the use and performance of the Product as intended.
g. This Warranty does not apply to the following: (a) any keyvault product won by you through part of an activity or competition (e.g. lottery drawing) on our platform or any of our promotional channels; (b) any keyvault product provided to you as a gift unless you are a gift recipient as defined above; (c) any keyvault product that has its serial number removed or defaced; (d) any spare parts or accessories of a Product; (e) any used or pre-owned keyvault product.
07. Governing law, dispute resolution and arbitration
a. Governing law. These Policy and any dispute, controversy, or claim arising out of, in relation to, or in connection with these Policy, are governed by the laws of the U.S., without regard to conflict of law principles or case law that would result in the application of the Laws of another jurisdiction.
b. Scope. Any dispute, controversy, or claim arising out of, in relation to, or in connection with these Policy, including your access to use Product, shall be settled through binding arbitration administered by the American Arbitration Association (“AAA”), (a) in accordance with its Commercial Arbitration Rules, or (b) alternatively, should the AAA and the arbitrator determine that the AAA Consumer Arbitration Rules apply, in accordance with the Consumer Arbitration Rules.
c. Applicability. Notwithstanding the terms of Section 7.a, you and keyvault may each: (a) seek interim measures in relation to an arbitration under Section 7.a in the federal or local courts Florida, United States; and (b) in instances in which the Consumer Arbitration Rules would apply, bring individual actions in small claims court in Florida, United States as provided in the Consumer Arbitration Rules. In relation to clauses 7.a and 7.b above, you and keyvault each hereby irrevocably consent to personal and exclusive jurisdiction in the specified courts. Nothing in this Section bars either you or keyvault from bringing issues to the attention of federal, state, or local agencies.
d. Waiver of class or consolidated actions. You and keyvault agree that any Claim or dispute shall be arbitrated on an individual basis and shall not be combined or consolidated with a dispute involving Service provided to any other person or entity and shall not under any circumstances proceed as part of a class action. You and keyvault agree that the AAA Supplementary Rules for Multiple Case Filings shall not apply to any Claim or dispute. You understand and agree that by entering into these terms, you and keyvault are each waiving the right to a trial by jury or to participate in a class action.
e. Authority. Notwithstanding anything to the contrary in these Terms, this arbitration agreement and any arbitration conducted thereunder shall be governed exclusively by the Federal Arbitration Act, to the exclusion of any state or municipal law of arbitration. The arbitration shall be conducted before a single arbitrator. The arbitrator will have no authority to award punitive, consequential, or other damages not measured by the prevailing party’s actual damages. The place (legal seat) of arbitration shall be Florida, United States.
f. Opt-out provision. If you do not wish to resolve disputes by binding arbitration, you may opt-out of the provisions of this Section 7 within 30 days after the date that you agree to these Terms by sending a letter to keyvault inc., Attention: Legal Department-Arbitration Opt-Out, 7901 4th ST N STE 300, St. Petersburg, FL 33702, United States, that includes the following information: your full legal name, the email address associated with your account on the Service, and a statement that you wish to opt-out of arbitration (“Opt-Out Notice”). Once keyvault receives your Opt-Out Notice, this Section 7 on mandatory arbitration will be void, and any action arising out of these Terms will be resolved as set forth in Section 7.a. All other remaining provisions of these Terms will not be affected by your Opt-Out Notice.
g. Venue. Subject to the remainder of this Section regarding mandatory arbitration, you and keyvault irrevocably submit to the personal and exclusive jurisdiction of the state courts and federal courts located within Florida, United States for resolution of any lawsuit or court proceeding under these Terms. With respect to the foregoing courts, you and keyvault hereby irrevocably and unconditionally waive, and agree not to assert, (a) any claim that they are not personally subject to the jurisdiction of such courts for any reason, and (b) that (i) the suit, action or proceeding in such courts is brought in an inconvenient forum, (ii) the venue of such suit, action or proceeding is improper, or (iii) these Terms may not be enforced in or by such courts.
h. Notice of arbitration process. Any User who intends to seek arbitration must first send a written notice of the dispute to keyvault by certified U.S. mail or by overnight carrier (signature required): keyvault inc., 7901 4th ST N STE 300, St. Petersburg, FL 33702, United States. The Notice of Arbitration must include the following information: (i) describe the nature and basis of the Claim or dispute and (ii) set forth the specific relief sought (“Demand”). The parties will make good faith efforts to resolve the Claim directly, but if the parties do not reach an agreement within 30 calendar days after the Notice of Arbitration was received, you or the Company may commence an arbitration proceeding. All arbitration proceedings between the parties will be confidential unless otherwise, otherwise agreed by both parties in writing.
i. Costs and fees. To the fullest extent permitted under applicable law, the arbitrator shall award to the prevailing party, if any, as determined by the arbitrator, all of its costs and fees. “Costs and fees” mean all reasonable pre-award expenses of the arbitration, including the arbitrator’s fees, AAA administrative fees, travel expenses, out-of-pocket expenses such as copying and telephone, court costs, witness fees, and attorneys’ fees.
j. Injunctive relief. Nothing in this Section 7 will prevent either party from seeking interim injunctive relief against the other party, subject to Section 7.b.
k. Enforceability. If any part or parts of this Section 7 on dispute resolution and arbitration are found under law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of this Section on arbitration shall continue in full force and effect.
l. Confidentiality. Except as may be required either by law (including applicable securities laws) or to enforce any award rendered by the arbitrator or seek relief pursuant to Sections 7.a or 7.b above, neither a party to these Terms, nor an arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both parties.
08. Miscellaneous
a. General terms. These Policy is the entire and exclusive understanding and agreement between you and keyvault regarding Product return. No amendment to or waiver of these Policy shall be valid unless in writing and signed by an authorized representative of keyvault. You may not assign or transfer these Policy or your rights under these Policy, in whole or in part, by operation of law or otherwise, without our prior written consent, and any attempt by you to do so if void. We may assign these Terms at any time without notice or consent. Failure to require performance of any provision will not affect our right to require performance at any other time after that, nor will a waiver by us of any breach or default of these Policy, or any provision of these Policy, be a waiver of any subsequent breach or default or a waiver of the provision itself.
b. Term; termination. These Policy become binding on you on the date you accept these Policy or first use the Product and/or the Service and shall continue so long as you have an account with us or continue to use the Product and the Service, unless earlier terminated in accordance with these Policy.
If you violate any provision of these Policy, you are no longer authorized to use the Product and the Service. In addition, keyvault may, at its sole discretion for any reason or no reason, and with or without notice: (i) terminate these, Policy; (ii) suspend, disable, or terminate your access to the Service; (iii) suspend, disable, or delete your keyvault account (or any part thereof).
c. Severability. The provisions of these Policy are intended to be interpreted in a manner that makes them valid, legal, and enforceable. If any provision is found to be partially or wholly invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified or restricted to the extent and in the manner necessary to render it valid, legal, and enforceable and the remainder of these Policy shall continue in full force and effect.
09. Contact Information
Florida Limited Liability Company KEYVAULT SOLUTIONS LLC, Document number: L24000063369, located at 7901 4th ST N STE 300, St. Petersburg, FL 33702, United States, is the entity responsible for the collection, use, and disclosure of information under this Limited Warranty and Return Policy. If you have any questions, comments, or concerns about our processing activities, please email us at support@keyvault.info.