Terms&Conditions - Dewcarat Jewelry

Terms and Conditions

These terms and conditions apply to the Dew Carat® internet site located at www.dewcaratdubai.com (the ‘Site’). Please read these terms and conditions (the ‘Terms and Conditions’) carefully. The site is operated by Dew Carat Jewellery L.L.C, License number 1111073, delivered by the Department of Economy and Tourism in Dubai. “United Arab of Emirates is our country of domicile,” and 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 Dew Carat® Site.

CHANGE OF TERMS

Dew Carat® may, at its sole discretion, revise or add new terms to these Conditions from time to time without notice to you. Such revisions and additions shall be deemed effective immediately upon notice, which Dew Carat® may give by any means, including, without limitation, by posting the revised Conditions on the Dew Carat® Site. You are responsible for reviewing the Dew Carat® Site for any modifications to these Conditions that may affect your rights or obligations. Any change or modification will be effective immediately upon posting of the revisions on the Site. Any access or use by you of the Dew Carat® Site after changes to these Conditions will constitute your acceptance of the revised terms. If you do not agree to the amended terms, you must stop using the Site. Therefore, you have to frequently review these Terms and Conditions and the other applicable policies from time to time to know the terms and conditions that apply to your use of the Site.

CONTENT

You are granted a private, limited, non-sublicensable access and use our Site and other materials, including, without limitation, text, icons, graphics, logos, images, designs, pictures, selection, coordination, “look and feel,” information, data, sound files, and other files and software. These are the proprietary property of Dew Carat® or its affiliate licensors or users and are protected by copyright laws, intellectual property rights, and unfair competition laws.

USE OF SITE

You are granted a personal, limited, non-sublicensable license to access and use the Site and electronically copy (except where prohibited without a license) and print to hard copy portions of the Site materials for your informational, non-commercial, and personal use only. Such license is subject to these Conditions and does not include: (a) any resale or commercial use of our Site or the Site materials therein; (b) the collection and use of any product listings, pictures, or descriptions for commercial purposes; (c) the distribution, public performance, or public display of any Site materials; (d) modifying or otherwise making any derivative uses of our Site and the Site materials, or any portion thereof; (e) use of any automated means to access, monitor, or interact with any portion of our Site, including through data mining, robots, spiders, scraping, or similar data gathering or extraction methods; (f) downloading (other than the page caching) of any portion of our Site, the Site materials, or any information contained therein, except as expressly permitted on our Site; (g) cause to appear any pop-up, pop-under, exit windows, expanding buttons, banners, advertisement, or anything else which minimizes, covers, or frames or inhibits the full display of our Site; (h) use our websites in any way which interferes with the normal operation of our sites; or (i) any use of our Site or the Site materials other than for its intended purpose. Any use of our Site or the Site materials other than as specifically authorized herein, without the prior written permission of Dew Carat®, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws, including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Conditions shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication, or otherwise. This license is revocable at any time.

INFORMATION ON OUR SITE

At Dew Carat®, we are committed to providing current and accurate information on our websites, 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, Dew Carat® will, at its discretion, either advise the customer before shipping the product or cancel the order and notify the customer of such cancellation. Dew Carat® apologizes for any inconvenience that this may cause.

Information that we communicate on 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 Dew Carat®, we commit to supplying you with the maximum amount of information and details about our products to ensure you have all the necessary information before purchase. In compliance with industry standards, Dew Carat® states that carat total weight on all 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 by our manufacturing specifications. Slight tolerances could also be accounted for due to finishing during the manufacturing. For gemstone jewelry set with multiple stones, we offer the minimum total carat weight for the piece. Color and clarity grades are expressed as either a minimum or a mean, depending on the number of gemstones. If stated as a minimum, all gemstones within the piece are at or above the stated quality. If expressed as a mean, collectively, the standard is equal to or exceeds the grade stated.

Dew Carat® retains the full unrestricted rights to all jewelry designs, whether custom or standard, and may choose to market or sell jewelry based on such designs.

PRODUCT AVAILABILITY

If you have an inquiry about a product that’s currently out of stock, please contact our team to know when the item will be back in stock. Sometimes with the quantity of orders we receive, an item may run out of stock before the availability is updated on the website. If this happens, we will contact you to discuss possible options. If you have any questions, please do not hesitate to contact us at dewcarat1975@gmail.com.

GEMSTONE CERTIFICATES

When you order a gemstone of 0.5ct and above, we ship it to you with the accompanying gemstone grading report (also called a gemstone certificate). These grading reports are detailed documents created by gemstone grading experts at highly-respected laboratories. Due to this, we require each gemstone grading report to be included with each returned gemstone. If you do not include the gemstone grading report in the return or if it has been damaged, you will be charged a replacement fee of two hundred and fifty dollars ($250.00).

YOUR ACCOUNT & ORDER

When you access or use the Dew Carat® website or your personalized Dew Carat® account, you are solely responsible for maintaining the confidentiality of your account and for restricting access to your computer. You are further responsible for all activities that occur under your personal account and your password. Customers using the website who are minors under the age of 18 shall not register as Users of the website www.dewcaratdubai.com and shall not transact on or use the website. Please note that Dew Carat® reserves the right, in its sole discretion, to refuse service, terminate accounts, remove or edit content, or cancel orders. In the case where a customer files a chargeback, Dew Carat® has the right to recover its direct and indirect costs and cancel any promotional items, free shipping, or other benefits, as determined in Dew Carat®’s sole and absolute discretion.

ORDER APPROVAL AND CANCELLATION

Receipt of an order confirmation message from Dew Carat® only confirms that your order request has been received. Customer orders are not accepted by Dew Carat® until they have been processed and approved at our headquarters. Dew Carat® 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 canceled 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 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 chargeback, 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 chargeback;
(b) all third-party expenses incurred by us in relation to the chargeback (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).

For the avoidance of doubt, if you fail to recognize or fail to remember the source of an entry on your card statement or other financial statement and make a chargeback as a result, this will constitute an unjustified chargeback for the purposes of this Section.

Cardholders must retain a copy of transaction records and Merchant policies and rules.

POLICY ON ETHICAL SOURCING

At Dew Carat®, we only purchase gemstones through the most respected and ethical suppliers who, like us, proudly adhere to and enforce the standards established by the gemstones industry. We make sure the gemstones we source are free from conflict or child labor. Read more about Dew Carat’s® policy on ethical sourcing and the measures taken to ensure our gemstones are from conflict-free sources.

PRIVACY POLICY

Please refer to our Privacy Policy for information on how Dew Carat® collects, uses, and discloses personally identifiable information from its customers. Dew Carat® does reserve the right to cooperate with legitimate governmental requests, subpoenas, or court orders, to protect Dew Carat®’s systems and customers, or to ensure the integrity and operation of Dew Carat’s® business and systems, and as such, Dew Carat® 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). Dew Carat®’s right to disclose any such information shall govern over any terms of Dew Carat®’s Privacy Policy.

REPEAT INFRINGER POLICY

Dew Carat® has the sole discretion to terminate and bar specific website users or Dew Carat® account holders who under appropriate circumstances are determined to be repeat infringers. Dew Carat® further reserves the right to limit access to this website and/or terminate the account of any users whom Dew Carat® reasonably suspects to have infringed any intellectual property rights of others, whether or not there is any repeat infringement.

THIRD-PARTY CONTENT

Dew Carat® may provide links to sites and content of third parties (‘Third Party Content’) as a service to those curious about this information. Dew Carat® does not monitor or have any control over any Third-Party Content or third-party Sites. Dew Carat® does not endorse any Third-Party Content and may make no guarantee on its accuracy or completeness. Dew Carat® 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

Dew Carat® 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 Dew Carat® 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, or participation in the promotions of advertisers other than Dew Carat® 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, Dew Carat®, or Dew Carat’s® products or services that are provided by you to Dew Carat® are non-confidential and shall become the sole property of Dew Carat®. Dew Carat® will own exclusive rights, including all property rights, and will 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 Dew Carat® and its affiliates and sublicensees the right to use the name that you 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

Dew Carat® website and social media accounts may include product review features, discussion forums, user-generated content, or other areas or services where you or third parties create, post, or store any content, messages, materials, or other items on our Site (‘Interactive Areas’). You’re solely responsible for your use of such Interactive Areas and use them at your own risk. By using any Interactive Areas, you agree not to 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 is unlawful, libelous, 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 may infringe any patent, trademark, trade secret, copyright, or other intellectual or proprietary right of any party. By posting any User Content, you represent and warrant that you 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 Dew Carat®, is objectionable or which restricts or inhibits any other person from using or enjoying the Interactive Areas or our Site, or which may expose Dew Carat® or its users to any harm or liability of any type.

Dew Carat® 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. Dew Carat® is not responsible for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography, or profanity you may encounter. Your use of Interactive Areas is at your own risk. As a provider of interactive services, Dew Carat® 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 Dew Carat® has no obligation to screen, edit, or monitor any of the Content posted in any Interactive Area, Dew Carat® reserves the right, 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 without notice, and you are solely responsible 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 may result 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 protect Dew Carat® systems and customers, or to ensure the integrity and operation of Dew Carat® business and systems, Dew Carat® 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. Dew Carat’s® right to disclose any such information shall govern over any terms of Dew Carat’s® Privacy Policy.

If you post User Content to our Site, unless we indicate otherwise, you grant Dew Carat® 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 world in any media. You grant Dew Carat® and its affiliates and sublicensees the right to use the name that you 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 post, or you otherwise have the right 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, Dew Carat® may reach out to social media users to seek their permission to feature our favorite content on our Site, social channels, or in promotional materials. Dew Carat® 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 Dew Carat®’s 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 Dew Carat® 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 emails 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 media 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 libelous, defamatory, obscene, pornographic, abusive, indecent, threatening, harassing, hateful, 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 Dew Carat® 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 Dew Carat®.

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. Dew Carat® 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, Dew Carat® 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. Dew Carat® 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 Dew Carat®, 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 Dew Carat® Site or inability to use the Site, including without limitation any actual or threatened suit, demand, or claim made against Dew Carat® 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 Dew Carat®, its directors, members, employees, agents, or third parties be responsible for any direct, special, indirect, or consequential damages, or other damages of any kind, including but not limited to loss of use, loss of profits, or loss of data, 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 Dew Carat®, or that result from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of God, communications failure, theft, destruction, or unauthorized access to Dew Carat® records, programs, or services.

APPLICABLE LAW AND VENUE

These Terms and Conditions and your use of this site are 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 submit to 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 these Terms and Conditions, Dew Carat® 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.

QUESTIONS & CONTACT INFORMATION

If you have any questions, please don’t hesitate to contact us at dewcarat1975@gmail.com.