Terms and Conditions
These terms and conditions apply to the Etika Jewels® internet site located at www.etikajewels.com (‘the Site’). Please read these terms and conditions (the ‘Terms and Conditions’) carefully. The site is using the license of Aquamarine LLC, License number 2116076.01, delivered by the Authority of Sharjah Media City (SHAMS). “United Arab of Emirates is our country of domicile” and stipulate that the governing law is the local law. All disputes arising in connection therewith shall be heard only by a court of competent jurisdiction in U.A.E. This Website does not trade with or provide any services to OFAC (Office of Foreign Assets Control) and sanctioned countries in accordance with the law of UAE.
BY VISITING AND/OR USING THIS SITE IN ANY WAY, SUCH AS BROWSING PRODUCTS OR PLACING AN ORDER, YOU AGREE TO THESE TERMS AND CONDITIONS. Please read these Conditions carefully. If you do not wish to be bound by these Conditions, do not access or use the Etika Jewels® Site.
CHANGE OF TERMS
CONTENT
USE OF SITE
INFORMATION ON OUR SITE
At Etika Jewels®, we committed to providing current and accurate information on our web sites, email, chat, and telephone communications. We do not, however, warrant that this information is always correct, accurate or complete. In rare circumstances, data, including prices, may be inaccurately displayed on our Site due to system and typographical errors which may occur.
If an order is placed with a lower product’s listed price than the actual price, Etika Jewels® will, at its discretion, either advise the customer before shipping the product or cancel the order and notify the customer of such cancellation. Etika Jewels® apologizes for any inconvenience that this may cause.
Information that we communicate on the The Site and other Materials is not a binding contract, and should not be treated as such. The sole remedy of a customer acting on incorrect information is to request a cancellation of the order placed as a result of this incorrect information. If an order has been shipped, the customer agrees to either return the product for full credit or pay the difference between the actual and charged prices. Please review our Return Policies.
PRODUCT INFORMATION
At Etika Jewels® we commit to supply you with the maximum amount information and details about our products in order for you to have all the information about the item before purchase. In compliance with industry standards, Etika Jewels® states that carat total weight altogether purchases may vary 0.05 carats from stated weight, from a measurement perspective, a tolerance of 0.25mm is allowed. On the Site, we offer the measurement of our products supported our manufacturing specifications. Slight tolerances could also be accounted for supported finishing during the manufacturing. For diamond jewellery set with multiple diamonds, we offer the minimum total carat weight for the piece. Colour and clarity grades are expressed as either a minimum or a mean counting on the number of diamonds. If stated as a minimum, all diamonds within the piece are at or above the stated quality. If expressed as a mean, collectively the standard is adequate to or exceeds the grade stated.
Etika Jewels® retains the full unrestricted rights to all jewellery designs, whether custom or standard, and may choose to market or sell jewellery based on such designs.
PRODUCT AVAILABILITY
DIAMOND CERTIFICATES
When you order a diamond of 0,5ct and above, we ship it to you with the accompanying diamond grading report (also called a diamond certificate). These grading reports are detailed documents created by diamond grading experts at a highly-respected diamond laboratories. Due to this, we require each diamond grading report back to be included with each returned diamond. If you do not include the diamond grading report in the return or if this one has been damaged, you will be charged a replacement fee of two hundred and fifty dollars ($250.00)
YOUR ACCOUNT & ORDER
ORDER APPROVAL AND CANCELLATION
Receipt of an order confirmation message from Etika Jewels® only confirms that your order request has been received. Customer orders are not accepted by Etika Jewels® until the time they have been processed and approved at our headquarters. Etika Jewels® is not obligated to complete a customer order, and reserves the right to cancel products or services to any customer for any reason at any time. The customer’s sole remedy in such cases will be the full refund of any funds that we have collected in reference to the canceler products.
PAYMENTS
You must, during the checkout process, pay the prices of the products you order.
Payments may be made by credit/debit cards with Visa or Mastercard and by PayPal. If you fail to pay to us any amount due under these terms and conditions in accordance with the provisions of these terms and conditions, then we may withhold the products ordered and/or by written notice to you at any time cancel the contract of sale for the products. If you make an unjustified credit card, debit card or other charge-back then you will be liable to pay us, within 7 days following the date of our written request:
(a) an amount equal to the amount of the charge-back;
(b) all third party expenses incurred by us in relation to the charge-back (including charges made by our or your bank or payment processor or card issuer);
(c) an administration fee of USD 30.00 including VAT; and
(d) all our reasonable costs, losses and expenses incurred in recovering the amounts referred to in this Section (including without limitation legal fees and debt collection fees),
and for the avoidance of doubt, if you fail to recognise or fail to remember the source of an entry on your card statement or other financial statement, and make a charge-back as a result, this will constitute an unjustified charge-back for the purposes of this Section.
Cardholder must retain a copy of transaction records and Merchant policies and rules.
POLICY ON ETHICAL SOURCING
At Etika Jewels®, we only purchase diamonds through the most respected and ethical suppliers who, like us, proudly adhere to and enforce the standards established by the created diamonds industry. We make sure the diamonds we source are freed from conflict or child labour. Read more about Etika Jewel’s® policy on ethical sourcing and the measures taken to ensure our diamonds are from conflict-free sources.
PRIVACY POLICY
Please ask our Privacy Policy for information on how Etika Jewels® collects, uses, and discloses personally identifiable information from its customers. Etika Jewels® does reserve the right to cooperate with legitimate governmental requests, subpoenas or court orders, to protect Etika Jewels®’ systems and customers, or to ensure the integrity and operation of Etika Jewel’s® business and systems, and as such, Etika Jewels® may access and disclose any information it considers necessary or appropriate, including, without limitation, user profile information (i.e. name, e-mail address, etc.), IP addressing and traffic information, usage history, and posted User Content (as defined herein). Etika Jewels®’ right to disclose any such information shall govern over any terms of Etika Jewels®’ Privacy Policy.
REPEAT INFRINGER POLICY
Etika Jewels® has the sole discretion to terminate and bar specific website users or Etika Jewels® account holders who under appropriate circumstances are determined to be repeat infringers. Etika Jewels® further reserves the right to limit access to this website and/or terminate the account of any users whom Etika Jewels® reasonably suspects to have infringed any intellectual property rights of others, whether or not there is any repeat infringement.
THIRD PARTY CONTENT
Etika Jewels® may provide links to sites and content of third parties (‘Third Party Content’) as a service to those curious about this information. Etika Jewels® does not monitor or have any control over any Third-Party Content or third-party Sites. Etika Jewels® does not endorse any Third-Party Content and may make no guarantee on its accuracy or completeness. Etika Jewels® doesn’t represent or warrant the accuracy of any information contained therein and undertakes no responsibility to update or review any Third-Party Content. Users use these links and Third-Party Content contained therein at their own risk.
ADS AND PROMOTIONS
Etika Jewels® may run advertisements and promotions from third parties on our website. These advertisements and promotions are conducted under the direction of the third party and Etika Jewels® is not responsible or liable for any loss, damage or liability incurred by you as a result of any dealings with the third party provider or resulting from the presence of these unaffiliated third parties on our website. Any business transactions, correspondence with, participation in the promotions of, advertisers other than Etika Jewels® and any terms, conditions, warranties, or representations associated with such dealings, are solely between you and such third party.
FEEDBACK & SUBMISSIONS
You acknowledge and agree that any materials, including but not limited to questions, feedback, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information, regarding this website, Etika Jewels®, or Etika Jewels’® products or services that are provided by you to Etika Jewels® are non-confidential and shall become the only property of Etika Jewels®. Etika Jewels® will own exclusive rights, including all property rights, and can be entitled to the unrestricted use and dissemination of those materials for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
You grant Etika Jewels® and its affiliates and sublicensees the proper to use the name that you simply submit about such content if they choose. You represent and warrant that
(a) you own and control all of the rights to the content that you submit, or that you otherwise have the right to submit such content to this site
(b) the content is accurate and not misleading; and
(c) use and posting of the content you supply won’t violate any rights of or cause injury to a person or entity.
PRODUCT REVIEWS AND USER CONTENT
Etika Jewels® website and social media accounts include or may include in the future a product review feature discussion forums, user-generated content, or other areas or services during which you or third parties create, post, or store any content, messages, materials, or other items on our Site (‘Interactive Areas’). You’re solely liable for your use of such Interactive Areas and use them at your own risk. By using any Interactive Areas, you agree to not post, upload to, transmit, distribute, store, create or otherwise publish through our Site any of the following: Any message, data, information, text, music, sound, photos, video, graphics, code or other material (‘User Content’) that’s unlawful, libellous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
User Content that might constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that might otherwise create liability or violate any local, state, national or international law; User Content which will infringe any patent, trademark, secret, copyright or other intellectual or proprietary right of any party. By posting any User Content, you represent and warrant that you simply have the lawful right to distribute and reproduce such User Content; User Content that impersonates an individual or entity or otherwise misrepresents your affiliation with a person or entity; Unsolicited promotions, political campaigning, advertising or solicitations; Private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit/debit card numbers; Viruses, corrupted data or other harmful, disruptive or destructive files; and User Content that, within the sole judgment of Etika Jewels®, is objectionable or which restricts or inhibits the other person from using or enjoying the Interactive Areas or our Site, or which can expose Etika Jewels® or its users to any harm or liability of any type.
Etika Jewels® takes no responsibility and assumes no liability for any User Content posted, stored, or uploaded by you or any third party, or for any loss or damage thereto, nor Etika Jewels® responsible for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography, or profanity you’ll encounter. Your use of Interactive Areas is at your own risk. As a provider of interactive services, Etika Jewels® is not responsible for any statements, representations or User Content provided by its users in any public forum, personal home page or other Interactive Area. Although Etika Jewels® has no obligation to screen, edit or monitor any of the Content posted in any Interactive Area, Etika Jewels® reserves the proper, and has absolute discretion, to remove, screen or edit any User Content posted or stored on our Site at any time and for any reason all of sudden, and you’re solely liable for creating backup copies of and replacing any User Content you post or store on our Site at your sole cost and expense. Any use of the Interactive Areas or other portions of our Site in violation of the foregoing violates these Terms and Conditions and should end in, among other things, termination, or suspension of your rights to use the Interactive Areas and/or our Site. To cooperate with legitimate governmental requests, subpoenas, or court orders, to guard Etika Jewels® systems and customers, or to make sure the integrity and operation of Etika Jewels® business and systems, Etika Jewels® may access and disclose any information it considers necessary or appropriate, including, without limitation, user profile information (i.e., name, e-mail address, etc.), IP addressing and traffic information, usage history, and posted User Content. Etika Jewels® right to disclose any such information shall govern over any terms of Etika Jewels® Privacy Policy.
If you post User Content to our Site, unless we indicate otherwise, you grant Etika Jewels® and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such User Content throughout the planet in any media. You grant Etika Jewels® and its affiliates and sublicensees the proper to use the name that you simply submit about such content if they choose. You represent and warrant that (a) you own and control all the rights to the User Content that you simply post, otherwise you otherwise have the proper to post such User Content to our Site; (b) the User Content is accurate and not misleading; and (c) use and posting of the User Content you supply does not violate these Terms and Conditions and cannot violate any rights of or cause injury to a person or entity.
SOCIAL MEDIA USER CONTENT
At times, Etika Jewels® may reach out to social media users to seek their permission to feature our favourite content on our Site, social channels, or in promotional materials. Etika Jewels® may request permission from you to use your social media User Content consisting of photos, text, graphics, audio, video, comments and other materials from social media sites, in connection with Etika Jewels®’ business, product features, marketing, promotional, advertising and other consumer-related activities.
When you respond to a request for permission to use your social media User Content, you are granting Etika Jewels® and its related agents, licensees, sublicensees, contractors, successors, legal representatives, assigns, and third-party service providers, and their respective retail partners, marketing or public relations agencies, and other affiliates (the “Licensed Parties”) a worldwide, perpetual, irrevocable, royalty-free, fully-paid, non-exclusive, transferable, sublicensable right to use your social media User Content in any manner to be determined in the Licensed Parties’ sole discretion, including but not limited to on webpages and social media pages operated by the Licensed Parties, in promotional e-mails and advertisements, and in any and all other marketing, promotional and advertising initiatives, and in any media now or hereafter known. The Licensed Parties may use, display, reproduce, distribute, transmit, create derivative works from, combine with other materials, alter and/or edit your social media User Content in any manner in their sole discretion, with no obligation to you whatsoever.
You are also granting the Licensed Parties the right to use your username, real name, image, likeness, descriptions of you, location or other identifying information, including but not limited to your voice, in connection with any use of your social media User Content.
You are also agreeing, representing and warranting that (i) you are solely responsible for your social media User Content, (ii) you own all rights in and to your social media User Content and/or have obtained appropriate rights and permissions from any and all other persons and/or entities who own, manage or otherwise claim any rights with respect to such social medial User Content, (iii) you are not a minor, (iv) the Licensed Parties’ use of your social media User Content as described herein will not violate the rights, including but not limited to copyright, trademark, patent, trade secret, privacy, publicity, moral, proprietary or other rights, of any third party, or any law, rule or regulation, and (v) the social media User Content is not libellous, defamatory, obscene, pornographic, abusive, indecent, threatening, harassing, hateful, or offensive or otherwise unlawful.
Please note that the social media User Content that you submit is deemed non-confidential and the Licensed Parties have no obligation to maintain the confidentiality of any information, in whatever form, contained in any submission, except pursuant to the Licensed Parties’ respective privacy policies. By using this Site, you are consenting to the Licensed Parties’ collection of any personal information you provide for the Licensed Parties’ use and disclosure in connection with the use of your social media User Content as described herein. Your personal information may also be transferred to servers located outside the country in which you live or to third parties in other countries so that we may process personal information on the Licensed Parties behalf. By providing the Licensed Parties with personal information, you agree to the foregoing collection, use, disclosure, transfer and processing of your information in accordance with the terms of these Conditions, the Etika Jewels® Privacy Policy and applicable data protection laws and regulations.
The Licensed Parties reserve the right to remove any social media User Content from the Site. If you believe any content, including social media User Content, residing on the Site infringes any person’s or entity’s copyright rights, please contact Etika Jewels®.
DISCLAIMER OF WARRANTIES
This site, the content contained therein and the products provided in connection therewith (the “products”) are provided on an ‘as is’ and ‘as available’ basis. Etika Jewels® makes no representations or warranties of any kind, whether express or implied, as to the operation of this site or the information, content, materials or products included on it, you expressly agree that your use of this site is at your sole risk, by your own free will, and that you are solely responsible for any consequences arising from this use. without limiting the foregoing, Etika Jewels® disclaims all warranties, whether expressed or implied, including, but not limited to, implied warranties of merchantability and/or fitness for a particular purpose, title, and non-infringement as to the information, content, and materials on the site. Etika Jewels®, does not warrant that this site, its servers, or its electronic communication are accurate, reliable, complete, current or free of viruses or other harmful components.
INDEMNIFICATION
You agree to defend, indemnify, and hold harmless Etika Jewels®, its independent contractors, service providers and consultants, and its parents, affiliates, and related entities and their respective directors, officers, employees, and agents from and against all claims, losses, damages, liabilities, expenses and costs (including without limitation reasonable attorneys’ fees and court costs), arising out of or relating to your breach of these Conditions or your access to or use of the Etika Jewels® Site or inability to use the Site, including without limitation any actual or threatened suit, demand or claim made against Etika Jewels® and/or its independent contractors, service providers, employees, directors or consultants, arising out of or relating to the Content, your conduct, your violation of these Terms and Conditions or your violation of the rights of any third party.
LIMITATION OF LIABILITY
In no event shall Etika Jewels®, its directors, members, employees, agents or third party be responsible for any direct, special, indirect, or consequential damages, or the other damages of any kind, including but not limited to loss of use, loss of profits, or loss of knowledge, whether in an action in contract, tort (including but not limited to negligence) or otherwise, arising out of or in any way connected with the utilization of our site, the products and services, or the content contained in or accessed through our site, including without limitation any damages caused by or resulting from reliance by user on any information obtained from Etika Jewels®, or that result from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays operational or transmission or any failure of performance, whether or not resulting from acts of god, communications failure, theft, destruction or unauthorized access to Etika Jewels® records, programs or services.
APPLICABLE LAW AND VENUE
These Terms and Conditions and your use of this site are going to be governed by and construed in accordance with the laws of the UAE, applicable to agreements made and to be entirely performed within the UAE, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or concerning these Terms and Conditions shall be filed only within the UAE and you hereby irrevocably and unconditionally consent and undergo the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of your use of this site, any purchase from this site, or these Terms and Conditions.
TERMINATION
Notwithstanding any of those Terms and Conditions, Etika Jewels® reserves the right, without notice and in its sole discretion, to terminate your license to use this site, and to block or prevent future your access to and use of the Site.
SEVERABILITY
If any provision (or part thereof), of these Terms or Conditions shall be deemed unlawful, void, or for any reason unenforceable then that provision shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions..
WAIVER
Our failure or delay to enforce at any time one or more of these Terms and Conditions will not constitute a waiver of such Terms and Conditions or of our right at any time subsequently to enforce all these Terms and Conditions.