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WEBSITE TERMS AND CONDITIONS
1.1. Damas Jewellery LLC (collectively "Damas", "we", "us", "our") is based in Dubai, United Arab Emirates which owns and operates the Internet website at www.damasjewellery.com (the “Website”). By accessing and using the Website, you are expressly consenting to the terms and conditions outlined on this page that are effective as of the date and time you use or access the Website (the “Terms”). Please read the Terms carefully before accessing or using the information and services available through this Website.
1.2. These Terms will constitute a legal agreement between “you” (the user of this Website) and Damas. If you do not agree to, or cannot comply with, the Terms, please kindly refrain from using this Website.
1.3. These Terms may be modified from time to time without notice to you and you should therefore regularly review these Terms for any such modifications. If you do not agree to any change to the Terms then you must immediately stop using the Website.
1.4. Damas reserves the right, in its discretion, to change or modify all or any part of these Terms at any time, effective immediately upon notice published on the Website. If at any time the Terms are no longer acceptable to you, you should immediately cease use of the Website.
2.1. To use some of the services or features on the Website you will need to register. When you register you are required to provide information about yourself that is true, accurate, current, and complete in all respects. Should any of your registration information change, please notify us immediately at the following e-mail address firstname.lastname@example.org. We may also change registration requirements from time to time.
2.2. The account password you provide should be unique and kept secure, and you must notify us immediately of any breach of security or unauthorized use of your account. Although we will not be liable for your losses caused by any unauthorized use of your account, you may be liable for our losses or others due to such unauthorized use.
3. ELIGIBILITY TO PURCHASE
3.1. The purchase of our products through the Website is strictly limited to parties who can lawfully enter into and form contracts on the Internet in accordance with the laws of United Arab Emirates.
3.2. In order to make purchases on the Website you will be required to provide your personal details. In particular, you must provide your real name, phone number, e-mail address and other requested information as indicated. Furthermore, you will be required to provide payment details that you represent and warrant are both valid and correct and you confirm that you are the person referred to in the billing information provided.
4.1. We offer products for sale that are in stock and available for dispatch. Occasionally however, we may be waiting for shipments from our suppliers. Please be aware that we may be unable to deliver selected products due to production problems or quality check issues identified when we receive a product from our supplier. In these circumstances we will notify you by email and refund any payment made by you within thirty days of being advised that products become unavailable.
4.2. Sometimes, high demand causes us to run out of certain products. If we don't have a product that you have ordered in stock, we'll notify you by email immediately.
5. PRICING POLICY
5.1. Prices shown for our products on the Website are in AED and are exclusive of taxes. These prices are subject to change at any time in our sole discretion.
6. ACCEPTANCE OF YOUR ORDER
6.1. Once you have placed your order, you will receive an email acknowledging the details of your order. This email is not an acceptance of your order, just a confirmation that we have received your order.
6.2. Acceptance of the order and completion of the contract between you and Damas will be perfected when we dispatch the products to you at which time you will receive a second email containing you tracking number, and confirming that your order has been dispatched. The sale contract is therefore concluded in the United Arab Emirates. Neither our third party payment processor nor our nominated courier has the authority to accept an order on behalf of Damas.
6.3. We reserve the right not to accept or fulfil your order in the event, that we are unable to obtain authorization for payment, that shipping restrictions apply to a particular product, that the product ordered is out of stock or does not satisfy our quality control standards and is withdrawn, or that you do not meet the eligibility criteria set-out within these Terms. Furthermore, we may refuse to process your order for any reason or refuse service to anyone at any time at our sole discretion. We will not be liable to you or any third party in this respect.
6.4. Though we make every effort to make sure details on our Website are accurate, we may from time to time discover an error in the pricing of products. If we discover an error in the pricing of a product in your order, we will let you know as soon as possible. We shall be under no obligation to accept or fulfil an order for a product that was advertised at an incorrect price and reserve the right to cancel such an order that has been accepted or is in transit. If you order a product that is priced incorrectly for any reason, we will email or telephone you to inform you that we have not accepted your order and/or that the relevant part of your order has been cancelled. If you have already paid for the products, we shall refund the full amount as soon as we are able. In the event that products are recalled in transit, we will process your refund once the products have been returned to us.
7.1. Payment can be made by Visa, MasterCard and any other methods which may be clearly advertised on the Website from time to time. Once the transaction is complete, the payment will be debited and cleared from your account and you will then be redirected to the Website. You confirm that the credit/debit card that is being used is yours. All credit/debit card holders are subject to validation checks and authorization by the card issuer.
7.2. If the issuer of your credit/debit card refuses to authorize payment, we will not be liable for any delay or non-delivery.
7.3. We take reasonable care to make our Website secure. All credit/debit card transactions on the Website are processed using a third party platform: Mashreq Bank’s secure online payment gateway that encrypts your card details in a secure host environment. To help ensure that your shopping experience is safe, simple and secure our Website uses Secure Socket Layer (SSL) technology.
7.4. Furthermore, we take reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorized access to any data you provide us when accessing or ordering from the Website.
8. DELIVERY AND INSURANCE
8.1. We offer free shipping within United Arab Emirates.
8.2. Delivery times appearing on the Website are estimates and are to be used as a guide only and commence from the date of dispatch. In any event, we will deliver the goods to you within 30 days of the day on which we accept your order. Damas is not responsible and/or liable for any delays caused due to reasons out of our control, in which case we will contact you as soon as possible to let you know and we will take steps to minimize the effect of the delay.
8.3. We insure each purchase during the time it is in transit until it is delivered to your specified delivery address. We require a signature for any products delivered, at which point responsibility for your purchased products passes to you. If you have specified a recipient who is not you for delivery purposes (for example as a gift) then you accept that evidence of a signature by them (or at that delivery address) is evidence of delivery and fulfillment by Damas, and transfer of responsibility in the same way. The products are your responsibility from the time we deliver them to the address you gave us.
9. RETURNS AND EXCHANGES
9.1. Please refer to The Damas Promise for information on return or exchange of a product.
9.2. Please note that you should visit any of our stores in the United Arab Emirates with the original invoice to return or exchange a product.
10. USE OF WEBSITE CONTENT
10.1. All information, text, materials, graphics, products, product names, images, designs, tag lines, logos, button icons, images, video and audio clips, trade marks, trade names, service names (whether registered or not), advertisements, layout, arrangement, graphical user interface, look and feel, and control features of the Website (collectively, “Website Content”) is provided to you as a service to allow you and other users to browse our products and services.
10.2. You are only permitted to access and use this Website for your personal, non-commercial purposes, and you must not:
(a) modify, publish, transmit, transfer, sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the Website Content, in whole or in part, except as otherwise expressly permitted in these Terms;
(b) use this Website in violation of any applicable law or regulation;
(c) use this Website to transmit, distribute, store or destroy material, including without limitation Website Content, in a manner that will infringe the copyright, trade mark, trade secret or other intellectual property rights of Damas or others or violate the privacy, publicity or other personal rights of others;
(d) sell, modify or delete the Website Content or reproduce, display, publicly perform, distribute or otherwise use the Website Content in any way for any public or commercial purpose;
(e) access data not intended for you or logging into a server or account which you are not authorised to access;
(f) attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
(g) copy or adapt the HMTL code created to generate any Website Content or the pages making up the Website;
(h) use the Website Content impersonate or otherwise misrepresent your identity or affiliation with Damas or any other person or entity;
(i) use the Website Content to send unsolicited mail or email, make unsolicited phone calls or send unsolicited faxes regarding promotions and/or advertise of products or services;
(j) use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any activity being conducted on the Website, including without limitation, material that contains viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines or engines that are intended to damage detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information;
(k) attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the Website; or
(l) frame or link to any Website Content or information available from the Website.
10.3. You shall not copy, store, redistribute or publish any Website Content without the express permission of Damas.
11. INTELLECTUAL PROPERTY
11.1. Except as otherwise expressly stated, Damas owns or is an approved licensee to the copyright and all other Intellectual Property contained in the Website and the Website Content, including but not limited to the "look and feel" of the Website, all HTML and other code contained in the Website, all text images or links, all product names and images, trade names, service names, tag lines, or logotype distinguished in form, text, or otherwise from surrounding text (e.g. all capital letters), (collectively, "Marks") are trademarks owned by or licensed to Damas unless otherwise noted. The Marks on the Website are variously protected by the laws of the United Arab Emirates and other countries. No use of any of these Marks may be made without the prior, written authorization of Damas. Any reproduction or redistribution of the Marks is prohibited and may result in civil and criminal penalties. Violators will be prosecuted to the fullest extent permissible under applicable law. Without limiting the foregoing, copying and use of the Marks to any other server, location or support for publication, reproduction or distribution is expressly prohibited.
“Intellectual Property” means all trademarks, patents, inventions (whether patentable or not), copyrights, moral rights, product designs, design rights, trade names, business names, service marks, logos, service names, trade secrets, domain names, database rights and any other intellectual property or proprietary rights (whether registered or unregistered) including rights in computer software and all registrations and applications to register any of the aforesaid items.
12. EXTERNAL LINKS AND PROMOTIONS
12.1. The Website may contain links to other websites on the Internet that are owned and operated by third parties (the “External Sites”). These links are provided solely as a convenience to you and not as an endorsement by Damas of the contents on such External Sites. You acknowledge that Damas is not responsible for the availability of, or the information and content of any External Site. You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links or the content located on such external Sites. If you decide to access linked third party websites, you do so at your own risk.
12.2. The Website may contain information on various sales promotions that Damas may run on its own or in conjunction with another party. All sales promotions are subject to further terms and conditions that you must comply with if you wish to enter into any sales promotion.
You agree to indemnify, defend and hold Damas and Associated Companies (as defined below) harmless from and against any and all claims, liability, suits, judgments, litigation costs, causes of action, demands, recoveries, damages (actual and consequential), fines, penalties, losses, costs and expenses (including attorneys’ fees) of any kind or nature incurred by Damas and/or Associated Companies arising from or in any way related to your use of this Website, including, by third parties as a result of your breach of these Terms or any other terms referenced herein, your violation of any law or the rights of a third party, or your use of this Website.
“Associated Companies” means any company, partnership or other entity controlled by, controlling or in common control with Damas or its parent or any subsidiary, including the management and directors of such entities. A person, company, partnership or other entity shall be deemed to control another person, company, partnership or other entity if the former person, company, partnership or other entity possesses, directly or indirectly, the power to direct, or cause the direction of, the management and policies of the other person, company partnership or other entity whether through the ownership of voting securities or partnership interests, representation on its board of directors or similar governing body, by contract or otherwise;
14. YOUR ACTIVITY AND Termination of YOUR Service
14.1. You use this Website at your sole risk. You agree that you will be personally responsible for your use of this Website and for all of your communication and activity on this Website.
14.2. You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which may be affixed to or contained within the Website.
14.3. You agree not to collect or harvest any personally identifiable information, including account names, from the Website, nor to use the communication systems (if any) provided by the Website for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Website with respect to any submissions made by them.
14.4. Damas reserves the right, in its sole discretion, to restrict, suspend or terminate your access to all or any part of the Website at any time for any reason without prior notice or liability. Damas may change, suspend or discontinue all or any aspect of the Website at any time, including the availability of any feature, database, or Website Content, without prior notice or liability. Notwithstanding such termination or suspension, you will continue to be subject to these Terms. Except as otherwise expressly stated in these Terms, Damas shall not be liable to you or to any third party for any modification, termination, suspension or discontinuation of the Website.
15. DISCLAIMERS OF WARRANTIES; LIMITATIONS OF LIABILITY
15.1. The Website and the Website Content are provided on an "AS-IS", “without faults” and “as available” basis and, to the extent lawful, with no warranties whatsoever. Damas expressly disclaims (to the fullest extent permitted by law) any and all express, implied, and statutory warranties, including, without limitation, the warranties of merchantability, fitness for a particular purpose, freedom from computer virus, title, and non-infringement of proprietary rights.
15.2. Damas and Associated Companies (as defined herein) are not liable for any direct, indirect, punitive, incidental, special, or consequential damages or loss (including, without limitation, incidental and consequential damages, lost profits, or damages resulting from lost data or business interruption) arising out of, or in way connected with, the use or inability to use the Website and the Website Content, or inability to enter into a sales promotion, whether based on warranty, contract, tort (including negligence), or any other legal theory, and whether or not Damas is advised of the possibility of such damages.
15.3. Without limiting the above paragraph, Damas does not accept any liability in respect of your involvement in any mediation, arbitration, tribunal hearing, court proceeding or other proceedings (of whatever nature) with any third party advertiser in any way.
15.4. Damas does not represent or endorse the accuracy or reliability of any Website Content and you acknowledge that any reliance upon such Website Content shall be at your sole risk.
15.5. Damas is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email due to technical problems or traffic congestion on the Internet or on this Website or combination thereof, including any injury or damage to any users or to any person's computer related to or resulting from participation or downloading materials in connection with the Website.
15.6. Documents available from the web server were prepared as an account of work sponsored by a client or our own work. Neither Damas nor any client thereof, or any of their employees, makes any warranty, express or implied, or assumes any legal liability or responsibility for the accuracy, completeness, or usefulness of any information, apparatus, product, or process disclosed, or represents that its use would not infringe privately owned rights.
15.7. Reference to any specific commercial product, process, or service by trade name, trademark, manufacturer, or otherwise does not necessarily constitute or imply its endorsement, recommendation, or favouring by Damas. The views and opinions of document authors do not necessarily state or reflect those of Damas or any agency thereof.
15.8. Damas shall not be liable to you or be deemed in breach of these Terms by reason of any delay in performing, or any failure to perform any of our respective obligations under these Terms, if the delay or failure was due to any cause beyond our reasonable control. This may include any act of god; legislation; war; fire; flood; drought; inadequacy or unsuitability of any instructions, electronic file or other data or materials. Failure of power supply; lock-out, strike or other action taken by employees in contemplation or furtherance of a dispute; or owing to any inability to procure materials required for the performance of the Terms.
16.1. These Terms contain everything the parties have agreed in relation to the subject matter it deals with. No party can rely on an earlier written document or anything said or done by or on behalf of another party before this document was executed.
16.2. Each provision of these Terms is individually severable. If any provision is or becomes illegal, unenforceable or invalid in any jurisdiction it is to be treated as being severed from this document in the relevant jurisdiction, but the rest of this document will not be affected. The legality, validity and enforceability of the provision in any other jurisdiction will not be affected.
16.3. If we fail, at any time, to insist upon strict performance of any of your obligations in accordance with these Terms, or if we fail to exercise any of the rights or remedies to which we are entitled, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
17. GOVERNING LAW AND JURISDICTION
17.1. These Terms as well as your access to our Website is subject to and governed by the laws of United Arab Emirates as applied in the Emirate of Dubai without giving effect to conflicts of law principles thereof. Any dispute regarding this Terms or our handling of your Personal Information and General Information is subject to the exclusive jurisdiction of the Courts in Dubai.
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This document was last updated in December 2016.