WEBSITE TERMS AND CONDITIONS

AGREEMENT

 

1. Devi Accessories DWC-LLC (“Devi Accessories”) is a company based in Dubai, United Arab Emirates which owns and operates the Internet website at devijewels.co (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.
2. These Terms will constitute a legal agreement between “you” (the user of this Website) and Devi Accessories.  If you do not agree to, or cannot comply with, the Terms, please kindly refrain from using this Website.
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.
4. Devi Accessories 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.
5. Certain areas of the Website may be subject to additional terms of use. By using such areas, or any part of, you agree to be bound by the additional terms of use applicable to such areas.  Please refer to our Privacy Policy for information about how we use your data.

 

ELIGIBILITY TO PURCHASE

 

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.
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.

PLACING YOUR ORDER

 

1. Orders can be placed via the Website, by email or via telephone. In the event that the product you seek to purchase is to be customised, we will correspond with you about this customisation via the email address you have provided.
2. Upon placing 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.
3. Acceptance of the order and completion of the contract between you and Devi Accessories will be completed 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 Devi Accessories.
4. 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 unavailable 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.
5. Though we make every effort to ensure 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 and we have confirmed in writing that you are eligible for a refund, we shall refund the full amount as soon as we are able.

 

PAYMENT

 

1. Your order will only be processed by Devi Accessories once payment is received.
2. Payment can be made by Visa, Mastercard or Paypal on our Website. Alternatively, customers may request an invoice to process payment to Devi Accessories by way of bank transfer.
3. Should payment be made on 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.
4. If the issuer of your credit/debit card refuses to authorise payment, we will not be liable for any delay or non-delivery.
5. We take reasonable care to make our Website is secure. All payment transactions on the Website are processed using a third party platform’s secure online payment gateway
6. 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 unauthorised access to any data you provide us when accessing or ordering from the Website.

PRICING POLICY

 

1. Prices shown for our products on the Website are in United States Dollars and are exclusive of taxes. These prices are subject to change at any time in our sole discretion.
2. Prices shown for our products on the Website are exclusive of all shipping (if outside of the United Arab Emirates), customs duties, insurance and any other applicable taxes or charges that may apply.

 

DELIVERY

 

1. We offer free shipping within United Arab Emirates.
2. Delivery times appearing on the Website or in any subsequent emails are estimates and are to be used as a guide only and commence from the date of dispatch. Devi Accessories 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.
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 fulfilment by Devi Accessories, and transfer of responsibility in the same way. The products are your responsibility from the time we deliver them to the address you have provided.

RETURNS AND EXCHANGES

 

1. All sales from our Website are final. We do not offer refunds or exchanges, nor do we allow returns or changes. Please keep in mind that colours, shapes or sizes may appear different in person than in any designs or mock ups provided by Devi Accessories to the customer in advance, due to various differences in, for example, the lighting, the materials selected by the customer and the finish of the product. Any items we sell on the Website are custom made to suit your specific needs. Items cannot be replaced or exchanged for any reason.
2. In the event that the item you received is defective or is damaged as a result of actions beyond your control, we reserve the right to process refunds or exchanges at our sole discretion.

 

USE OF WEBSITE CONTENT  

 

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.
2. You are only permitted to access and use this Website for your personal, non-commercial purposes, and you must not:
3. You shall not copy, store, redistribute or publish any Website Content without the express permission of Devi Accessories.

INTELLECTUAL PROPERTY

1. Except as otherwise expressly stated, Devi Accessories 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 Devi Accessories 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 Devi Accessories. 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.

EXTERNAL LINKS AND PROMOTIONS

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 Devi Accessories of the contents on such External Sites.  You acknowledge that Devi Accessories 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.
2. The Website may contain information on various sales promotions that Devi Accessories 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.

INDEMNITY

1. You agree to indemnify, defend and hold Devi Accessories 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 Devi Accessories 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 Devi Accessories 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;

YOUR ACTIVITY AND Termination of YOUR Service

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.
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.
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.
4. Devi Accessories 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. Devi Accessories 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, Devi Accessories shall not be liable to you or to any third party for any modification, termination, suspension or discontinuation of the Website.

DISCLAIMERS OF WARRANTIES; LIMITATIONS OF LIABILITY

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.  Devi Accessories 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.
2. Devi Accessories 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 Devi Accessories is advised of the possibility of such damages.
3. Without limiting the above paragraph, Devi Accessories 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.
4. Devi Accessories 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.
5. Devi Accessories 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.
6. Documents available from the web server were prepared as an account of work sponsored by a client or our own work. Neither Devi Accessories 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.
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 Devi Accessories. The views and opinions of document authors do not necessarily state or reflect those of Devi Accessories or any agency thereof.
8. Devi Accessories 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.

GENERAL

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.
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.
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.

GOVERNING LAW AND JURISDICTION

1. These Terms as well as your access to the 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 shall be subject to the exclusive jurisdiction of the Courts in Dubai.

 

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