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Cancellation, Replacement, and Refund Policy – Kush One Platform

Effective Date: __ / __ / 20__
Last Updated: __ / __ / 20__

Article 1: Scope of the Policy

This Policy governs order cancellation, product returns, replacements, and refunds for transactions conducted through the Kush One platform.

It forms an integral supplement to the General Terms of Use and the purchase, seller, payment, shipping, and complaints policies.

Article 2: General Principles

Cancellation, replacement, and refund requests are handled according to the nature and condition of the Product, the stage of order fulfillment, and the Seller’s published terms, without prejudice to any mandatory right provided by law.

The Seller may not impose terms that exclude liability for fraud, material defect, or non-conformity of the Product with the description or agreed specifications.

Article 3: Platform Responsibility

As a general rule, Kush One acts as an electronic intermediary between the Seller and the Buyer and does not bear the cost of a refund or replacement from its own funds unless it is the seller in the transaction or an express obligation on it is established.

The Platform may manage the request, hold funds, request evidence, coordinate with the parties, and take an operational decision on release of amounts in accordance with its policies.

Article 4: Cancellation Before Acceptance

The Buyer may cancel an order without charge before it is accepted by the Seller, unless an actual cost that was previously disclosed has already been charged.

Any amount paid shall be returned by the approved method after deduction of non-refundable financial fees, where such fees are published and imposed by an independent service provider.

Article 5: Cancellation After Acceptance

After an order is accepted, it may be cancelled:

  1. With the Seller’s consent.
  2. Where the Product is unavailable.
  3. Where the price or terms are changed without the Buyer’s consent.
  4. Where performance is impossible or a material delivery deadline is exceeded.
  5. Where the Product is shown to violate the law or Platform policies.

Actual costs incurred by the Seller may be deducted if cancellation is at the Buyer’s request and without Seller breach, provided such costs are proven and disclosed.

Article 6: Cancellation After Shipping

An order may not be cancelled after shipping except under the return terms set out in this Policy.

The Buyer bears shipping and return costs if cancellation is merely a change of mind, where return is permitted and there is no Seller breach.

Article 7: Accepted Grounds for Return

The Buyer may request a return, replacement, or refund if:

  1. The Product is not delivered.
  2. A different Product arrives.
  3. The Product differs materially from its description or specifications.
  4. It arrives damaged or incomplete.
  5. A material defect is established.
  6. An agreed part or accessory is missing.
  7. The Product is shown to be counterfeit, unlawful, or of unknown origin.
  8. The Seller or the Platform acknowledges the validity of the request.

Article 8: Reporting Periods

The Buyer must report:

  1. Apparent damage or shortage within twenty-four (24) hours of receipt.
  2. Apparent error or non-conformity within three (3) business days.
  3. A latent defect upon discovery and within the warranty period or the statutory period.

The right is not lost due to delay if the Seller is shown to have deliberately concealed the defect or if it could not be discovered by ordinary inspection.

Article 9: Conditions for Accepting a Return

Where practicable, acceptance of a return requires:

  1. Submission of the request within the specified period.
  2. Attachment of the order number and invoice.
  3. Statement of the reason for return and submission of evidence.
  4. Return of the Product with its accessories and documents.
  5. No destruction, alteration, or misuse of the Product.
  6. Reasonable care of the Product until handover.

A return may not be refused merely because packaging was opened if opening was necessary for ordinary inspection, unless the nature of the Product prohibits that for health or technical reasons.

Article 10: Products Not Returnable for Change of Mind Alone

The following products are not returnable merely for a change of mind, unless defective or non-conforming:

  1. Custom-made products.
  2. Products specially imported for the Buyer.
  3. Production lines and factories whose manufacture or preparation has commenced.
  4. Products that have been installed or commissioned.
  5. Opened or used medical consumables.
  6. Sterile products after their packaging has been opened.
  7. Used software and digital licenses.
  8. Perishable products.
  9. Products whose condition has changed due to the Buyer.
  10. Used equipment whose condition and defects were disclosed.

Article 11: Used and Refurbished Equipment

Used or refurbished equipment may not be returned for a defect clearly disclosed before purchase.

Return is permitted if a material undisclosed defect is established, or if the actual condition differs from the inspection report or approved description.

Article 12: Production Lines and Special Orders

Production lines, small factories, and custom-made or specially imported products are subject to a special contract or quotation specifying:

  1. Manufacturing and performance stages.
  2. Deposit installments.
  3. Cancellation terms.
  4. Costs of work performed.
  5. Acceptance tests.
  6. Installation and commissioning.
  7. Refund cases.

Deposits or actual costs are not refundable after performance has commenced, except upon Seller breach or pursuant to a written agreement.

Article 13: Replacement

A Product may be replaced if defective or non-conforming, where a suitable alternative is available.

The alternative must be:

  1. Consistent with the order and specifications.
  2. New, unless the original Product was used or refurbished.
  3. Equal in value or subject to an agreed financial settlement.
  4. Free of the defect giving rise to the complaint.

If replacement is not possible within a reasonable time, the Buyer may request a refund.

Article 14: Repair

The parties may agree to repair the Product instead of replacement or return if the defect is repairable without material diminution of value or performance.

The Seller bears repair and transport costs if the defect falls within its responsibility or warranty.

If the defect recurs or repair is not possible within a reasonable time, the Buyer may request replacement or a refund.

Article 15: Full Refund

The Buyer is entitled to a full refund if:

  1. The Product is not delivered.
  2. The transaction is shown to be unlawful.
  3. The Product or an alternative cannot be supplied.
  4. The Product has a material defect.
  5. It differs materially from specifications.
  6. Repair or replacement is not possible.
  7. The Seller cancels the order for a reason not attributable to the Buyer.

The refund includes basic shipping costs if the reason for return is attributable to the Seller.

Article 16: Partial Refund

A partial refund may be agreed if:

  1. The Buyer retains the Product despite a limited shortage.
  2. The Buyer accepts a difference in specifications or condition.
  3. The Product loses part of its value due to use beyond what was needed for inspection.
  4. Return of some accessories is not possible.
  5. A usable part of a service has been performed.

The Buyer’s consent to the settlement must be documented.

Article 17: Return Costs

The Seller bears return costs where the reason is:

  • Defect.
  • Pre-delivery damage.
  • Non-conformity.
  • Delivery of an incorrect Product.
  • Breach of performance.

The Buyer bears the costs if the return is due to a lawful change of mind without Seller fault.

Article 18: Inspection of Returned Products

The Seller or the Platform may inspect the Product before approving replacement or refund.

In a technical dispute, the Product may be referred to an independent party. The inspection cost is borne by the party found responsible, unless the Platform decides otherwise for fair reasons.

Inspection may not be used to delay an established right without justification.

Article 19: Refund Method

Where possible, the amount is returned to the original payment method.

Bank transfer, e-wallet, or Platform credit may be used with the Buyer’s consent and in accordance with applicable financial laws and controls.

The Buyer may not be required to accept Platform credit instead of the amount due without consent.

Article 20: Refund Timeframe

Refund processing begins after approval of the request and receipt of the returned Product, or after it is established that delivery was impossible.

The Platform shall process the refund within seven (7) business days from completion of requirements, subject to the time needed by the bank or payment provider for the amount to appear in the Buyer’s account.

Article 21: Non-Refundable Fees

Fees for a service already performed, or costs borne by an independent party, are not refundable unless the reason for refund is a breach by the Seller or the Platform.

No fee may be deducted unless it was disclosed to the Buyer before completion of the order.

Article 22: Installment or Financed Payments

If the transaction was made through an independent financing party, refunds and termination of financing are subject to that party’s terms.

Acceptance of a Product return does not automatically terminate the financing contract. The Buyer must contact the relevant party.

Article 23: International Orders

International orders are subject to the agreed supply, shipping, customs, and insurance terms.

Customs duties and government charges are refundable only under the procedures of the competent authority.

The responsible party bears re-shipping, re-export, or clearance costs arising from the return.

Article 24: Refusal of a Request

A cancellation, replacement, or refund request may be refused if:

  1. It is submitted after the deadline without a legitimate excuse.
  2. The Buyer fails to provide sufficient evidence.
  3. The defect was disclosed and accepted before purchase.
  4. The damage resulted from misuse or unauthorized installation.
  5. The Product was altered without permission.
  6. The Product or accessories were lost due to the Buyer.
  7. Fraud or abuse of the Policy is established.
  8. The Product falls within a non-returnable category and no defect exists.

The Buyer must be notified of the reason for refusal.

Article 25: Abuse of the Policy

It is prohibited to:

  1. Submit false claims.
  2. Substitute the Product with another product.
  3. Deliberately damage the Product.
  4. Use the Product and then return it without a legitimate reason.
  5. Forge images or reports.
  6. Repeat unfounded claims.
  7. Collude between transaction parties.

Upon proven violation, the account may be suspended, losses recovered, and legal action taken.

Article 26: Request Submission Procedure

Cancellation, replacement, or refund requests are submitted through the approved channel and must include:

  1. Order number.
  2. Product name.
  3. Reason for the request.
  4. Requested remedy.
  5. Supporting images or recordings.
  6. Delivery document or inspection report.
  7. Contact details.

The requester must cooperate and provide any additional information required.

Article 27: Seller Non-Response

If the Seller does not respond within the specified period, the Platform may:

  1. Suspend the Seller’s entitlements.
  2. Decide the request based on available evidence.
  3. Refund the amount from held funds.
  4. Restrict or suspend the Seller’s store.
  5. Charge the Seller fees and costs arising from the breach.

Article 28: Dispute Settlement

The Platform will seek amicable settlement and may:

  • Request additional documents.
  • Hold the amount.
  • Appoint an inspection body.
  • Propose repair, replacement, or refund.
  • Allocate responsibility for shipping and inspection costs.

These procedures do not make the Platform a court, arbitrator, or guarantor of the parties’ obligations.

Article 29: Governing Law

This Policy is governed by the laws of the Republic of Sudan, without prejudice to any foreign law mandatorily applicable to an international transaction.

Disputes shall be settled amicably within thirty (30) days. If that is not possible, the competent Sudanese courts shall have jurisdiction, unless there is a written agreement on arbitration or another lawful mechanism.

Article 30: Amendment of the Policy

The Platform may amend this Policy for legal or operational reasons. Amendments will be published with their effective date.

Amendments do not apply retrospectively to confirmed orders if they diminish agreed rights, unless otherwise required by law.

Article 31: Contact

Requests and inquiries should be submitted through:

Kush Integrated Solutions Co. Ltd.
Kush One Platform

  • Refund Email: ______________
  • Complaints Email: _______________
  • Phone: ______________________________
  • Registered Address: __________________________
  • Business Hours: _____________________________

The periods stated in this Policy are contractual Platform periods and are subject to any longer mandatory period required by law. The electronic refund form should be linked to the order number, delivery date, product type, claim reason, and attached evidence.