Terms & Conditions
Effective Date: June 7, 2021
In short: For convenience, we use these basic terms throughout the agreement, and they have specific meanings. You should know what we mean when we use them.
1.2. “Content” means any form of information, data or creative expression including, but not limited to, video, audio, photographs, images, illustrations, animations, tools, tag lines, text, products, product names, ideas, communications, button icons, replies, ‘likes,’ comments, software, graphics, materials, interactive features, designs, advertisements, layout, arrangement, graphical user interface, look and feel, control features of the Website, copyrights, trademarks, tradenames, service marks, service names, branding, logos, and other similar assets, patents, sounds, applications and any intellectual property therein, whether registered or not, any of which may be generated, provided, or otherwise made accessible on or through the Services.
1.4. “Intellectual Property Rights” means all trademarks, patents, inventions or rights to inventions (whether patentable or not), copyrights and related rights, moral rights, product designs, product names, design rights, trade names, business names, service marks, logos, service names, trade secrets, domain names, database rights, get-up and trade dress, rights in get-up and trade dress, goodwill and the right to sue for passing off or unfair competition, confidential information, know-how, and all other intellectual property and intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world. Further, the term “Intellectual Property Rights” also includes all Content.
1.5. “UPJ”, “We”, and “Us” means Universal Pearls & Jewels DMCC.
1.6. “UPJ Indemnified Parties” means UPJ and its affiliates, and their respective shareholders, directors, agents, officers, personnel, employees, successors and assigns.
1.8. “Service” means the Website and all other current and future products and services available through the Website including any products, services, and content provided in collaboration with our partners.
1.9. “User”, “You”, and “Your” refers to the individual person that has visited or is using the Website or Services.
1.10. “Website” means our website located at www.vikjetfinejewelry.com and all Content, services, and products available at or through the Website. Further, the term, “Website” also refers to all UPJ-owned subdomains.
2. Who We Are and How to Contact Us
In short: We, Universal Pearls and Jewels DMCC, are a private company registered in Dubai, UAE. Should you have any questions regarding these terms and conditions, or if you want to get in touch with us for any reason, feel free to contact us at firstname.lastname@example.org.
2.1. The Website and Service are owned and operated by Universal Pearls & Jewels DMCC, a private company registered in DMCC and whose registered office is at Universal Pearls & Jewels DMCC, Almas Tower, Office 26F, 26th Floor, Jumeriah Lakes Towers, Dubai, United Arab Emirates.
2.2. If you have any questions regarding the Service or the Agreement, please feel free to contact us at email@example.com.
3. Applicable Terms and Consent
In short: Please review these terms as well as all other terms set out in the Agreement including our various policies. Copies of such policies may be obtained at https://www.vikjetfinejewelry.com/pages/terms-conditions. By using the Website and Services, you accept and agree that you will comply with all such terms and conditions. Further, we may amend these terms from time to time and it is your responsibility to check the Website regularly such that you are aware of all current terms.
3.1. By accessing or using the Website or the Services, you confirm that you accept and agree that you will comply with these Terms and Conditions, and all other terms set out in the Agreement. If you do not agree to any of these Terms and Conditions or any other terms set out in the Agreement, you must not access or use the Website or use any of the Services.
3.2. For more information regarding our various policies, please refer to https://www.vikjetfinejewelry.com/pages/policies.
3.3. Further, we reserve the right to change, in our sole discretion, the Terms and Conditions and other terms in the Agreement at any time by publishing the varied terms on the Website, with or without notice.
3.4. You are responsible for reviewing regularly information posted online to obtain timely notice of such changes. As such, we recommend that you check the Website regularly to ensure you are aware of our current terms. We do not undertake to keep our Website up-to-date and we are not liable if any content is inaccurate or out-of-date. Your continued use of the Website or the Services after changes are posted constitutes your acceptance of the Agreement as modified by the posted changes.
3.5. If there is any conflict between these Terms and Conditions and/or specific terms appearing elsewhere in the Agreement relating to specific material, then the latter shall prevail.
4. Your Account
In short: While we welcome users of all ages, in order to use our Services and purchase products on the Website, you must be at least the age of majority in the area in which you reside. Also, you may need to set up an account and it is your responsibility to make sure the information provided during the registration process is accurate and your log-in details are kept confidential. Further, please contact us immediately at firstname.lastname@example.org if you believe your account has been compromised.
4.1. We welcome users of all ages, but to use the Services and purchase products on the Website, you must be at least (i) 18 years old, or (ii) the age of majority in the jurisdiction where you reside. No individual under these age limits may use the Services, purchase products on the Website, provide any Personal Data to us, or otherwise submit Personal Data through the Services.
4.2. You may need to create an account (“Account”) to access and use the Website and Services to purchase products and in doing so, you must provide us with true, accurate and complete information as prompted by the registration process.
4.3. In the event your registration information changes, please notify us immediately at email@example.com.
4.4. You are responsible for maintaining the confidentiality of all actions that take place while using your Account, and must notify us immediately at firstname.lastname@example.org in the event of any actual or suspected loss or unauthorized use of your Account or Account password. We are not responsible and we do not assume any liability for any loss that results from unauthorized use of your Account.
5. Service Updates
In short: We constantly strive to innovate to offer you the best possible services. As such, we will be rolling out updates from time to time and this may cause a temporary suspension to certain Services or the Website.
5.1. We may update our Website and Services from time to time. This may include upgrades, modifications, bug fixes, patches, other error corrections or new features. This may cause a temporary suspension to our Services or Website.
5.2. In our sole discretion, we may change, suspend, or discontinue any or all of the Services at any time, including the availability of any product or content. In addition, we have no obligation to provide any updates or to continue to provide any products or content or enable any particular features, functionality of any Service. We may also impose limits on certain Services or restrict your access to part or all of the Services without notice or liability.
6. Suspension and Termination
In short: If you are in breach of the Agreement or are using the Services for any unlawful purposes, we reserve the right to terminate your Account.
6.1. We reserve the right to refuse to provide the Services to anyone, and can monitor, terminate or suspend your Account or access to the Services at any time.
6.2. We may, in our sole discretion, also deactivate, terminate or suspend your account or access to any and all Services at any time:
(i) if we determine you are or have been in violation of the Agreement or applicable law,
(ii) in response to requests by law enforcement or other applicable authority, or
(iii) upon discontinuation or material modification of any Services.
7. Orders and Pricing
In short: Our products available for sale are listed on our Website. However, occasionally, we may be waiting for shipments from suppliers and it may cause delays in delivery. Also, we have high quality standards and in the event we feel there are any issues with a product you have ordered, we will notify you about such delays and offer a refund if you so choose.
7.1. We offer products for sale that are in stock or made to order. However, on occasion, 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 or parts thereof from our supplier. In these circumstances we will notify you by email and refund any payment made by you within 30 days of being advised that products become unavailable. We make no representation or warranty, express or implied, as to, and assume no responsibility for, the availability of products on our Website.
7.2. Prices for our products listed on the Website are exclusive of taxes. These prices are subject to change at any time in our sole discretion.
8. Acceptance of Order and Payment
In short: We will keep you updated every step of the way by sending you email acknowledgments and confirmations regarding your order. Further, all payments are managed through PayPal, our payment partner.
8.1. Once you have successfully placed your order on the Website, we will send you an email acknowledging the details of your order. Please note that this email is not an acceptance of your order, just a confirmation that we have received your order.
8.2. Acceptance of the order and completion of the contract between you and UPJs will be confirmed when we dispatch the products you have ordered to you. Upon dispatch, we will send you a confirmation that your order has been dispatched along with the tracking number. The sale contract is therefore concluded in the United Arab Emirates.
8.3. Before purchasing a product from the Website you may be required to add a payment method to your account. Storage of payment details and processing of payments for products on the Website is managed through PayPal, a third party payment services provider. You must agree to the PayPal terms of service to make purchases.
8.4. Payment can be made by Visa, MasterCard and any other methods which may be clearly advertised on the Website from time to time and which are accepted by PayPal. 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 agree and acknowledge that the credit or debit card which is being used to make such purchases on the Website is either yours or you are legally authorized to use it.
8.5. If the issuer of your credit or debit card refuses to authorize payment, we will neither be responsible nor liable for any delay or non-delivery of your orders.
8.6. Neither our third party payment services provider nor our nominated courier has the authority to accept an order on behalf of UPJ.
8.7. We reserve the right not to accept or fulfil your order in the event that (i) we are unable to obtain authorization for payment, (ii) shipping restrictions apply to a particular product, (iii) the product ordered is out of stock or does not satisfy our quality control standards, or (iv) that you do not meet the meet the eligibility criteria or otherwise breach this Agreement. Further, we may refuse to process your order for any other reason or refuse Service at any time at our sole discretion. We will not be liable to you or any third party in this respect.
8.8. While we try and make sure the details on our Website are current and accurate, we may from time to time discover an errors including in the pricing of products. In the event there is an error in the pricing of a product in your order, we will let you know as soon as practicable. However, we shall be under no obligation to accept or fulfil an order for a product that was advertised at an incorrect price and we reserve the right, in our sole discretion, to cancel such an order that has been accepted. 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 component of your order has been cancelled. If you have already paid for the products, we shall refund the full amount as soon as practicable.
8.9. We take reasonable care to keep the details of your order and payment secure. However, in the absence of any gross negligence on our part, we are not responsible nor 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.
In short: Generally, you may cancel your purchase for a full refund if such purchase has not been dispatched yet. In the event your purchase has been dispatched, you will need to go through our return and refund policy set out in Clause 11 of these Terms and Conditions. Further, in cases where your purchase is customized (e.g. engraving), you will not be entitled to cancel your order, and will also need to go through our return and refund policy set out in Clause 11 of these Terms and Conditions.
9.1. In the event You purchase a product on the Website, you may cancel the order and receive a full refund provided that:
(i) Your purchase has not yet been dispatched; and
(ii) Your purchase is not customized in any manner, as confirmed by Us in our sole discretion.
9.2. In the event You purchase a product that has been dispatched or is customized in any manner, as confirmed by Us in our sole discretion, and You wish to return such purchase, You will be required to follow our refund and return policy as set out in Clause 11 of these Terms and Conditions.
10. Delivery and Insurance
In short: We offer worldwide complimentary shipping! However, please note that depending on local regulations where products are delivered, you may be responsible to pay import duties and taxes. Further, we strive to deliver your products within 15 business days for international orders and within 7 business days for orders within the United Arab Emirates. We understand that you may need products earlier on account of special occasions. In such cases, please contact us at email@example.com and we will try and accommodate your requests!
10.1. We offer complimentary shipping within United Arab Emirates and internationally. However, please note that depending on the local regulations in the region which products are delivered, you may be responsible to pay import duties or taxes, customs duties or taxes, other duties, taxes or fees prior to delivery, which may cause delays in receiving your products. Further, in the event You fail to pay any such duties or taxes, or any payment associated with delivering such products to You, We will have such products returned to us, and, notwithstanding anything to the contrary in this Agreement, You will not be entitled for any refund or exchange.
10.2. UPJ is neither responsible nor liable for any such fees, duties or taxes and UPJ is neither responsible nor liable for any delays in delivery on account of payment of such fees or for any other reason owing to local regulations.
10.3. Delivery times set out on the Website are estimates and are to be used as a guide. While we aim to deliver your orders within 15 business days for international orders and 7 business days for orders within the United Arab Emirates, it may take longer as all our jewellery is made to order. If you need certain products by a specified timeframe, please contact us at firstname.lastname@example.org to see if we can accommodate such request.
10.4. UPJ is neither responsible nor liable for any delays in deliveries caused due to reasons out of our control. In such case we will email or telephone you as soon as possible to provide you with an updated delivery schedule.
10.5. 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 then you acknowledge accept that evidence of a signature by such recipient, his or her agent, or at that delivery address is evidence of delivery and fulfilment by UPJ.
11. Returns and Refunds
In short: In the unfortunate event you wish to return a product you purchased, we will refund your order provided that we sent you the wrong product or a damaged product. However, you must inform us of such return within 7 days from the date you receive the product.
11.1. In the unfortunate event you wish to return a product you received from us, please email (“Request For Return”) us at email@example.com. Your email to us should contain the following:
(i) Reason for return;
(ii) Images of the product You wish to return; and
(iii) Invoice number of the product You Wish to return.
11.2. Once We review Your Request For Return, We will assess, in our sole discretion, whether You qualify for a return, and either approve or reject your Request For Return. Subject to Clause 11.3 of these Terms and Conditions, in the event we approve Your Request For Return, we will provide you with a return label, which You must use to process Your return. Please note that providing You with a return label is not an acceptance of your Request For Return, just a confirmation that you may qualify for a complimentary return on Your products subject to this Agreement.
11.3. We offer returns and a refund on products purchased and delivered to you within 7 days of receipt of such products subject to the conditions set out in the Agreement including but not limited to:
(i) Products must be in their original packaging; and
(ii) Products must be in their original condition with any and all supplied tags and labels still attached in the manner and form as was originally delivered to you, as determined in Our Sole Discretion.
11.4. All costs associated with shipping your Product back to us for a return or refund shall be paid by You. In the event, as confirmed by Us in our sole discretion, that You received the wrong product or a damaged product, we will refund You with such shipping costs subject to receipt of invoices and other evidentiary documentation from relevant shipping company.
11.5. If you purchased a product from a third party retailer and would like to return or exchange it, you must bring the item to such retailer. We are neither responsible nor liable for any products not purchased directly from us.
12. Content and Intellectual Property Rights
In short: You are welcome to access and use the Content and Services for personal use but you may not use any Content or Services for commercial purposes without our permission. We will not allow any infringement on our Intellectual Property Rights.
12.1. All Content and all copyright, trademarks, design rights, patents and other intellectual property rights, whether registered or unregistered, in and on the Services belong to UPJ or applicable third parties. Except as expressly provided in the Terms and Conditions, nothing grants you a right or license to use any Content, including any content owned or controlled by any of our partners or other third parties. You agree and acknowledge that you are only permitted to access and use the Website and the Content for your personal and non-commercial purposes.
12.2. Notwithstanding anything to the contrary in the Agreement, nothing on the Website or Services shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Intellectual Property displayed on the Website or Services without the owner’s prior written permission.
12.3. You agree and acknowledge that you are expressly prohibited from:
(i) modifying, publishing, transmitting, transferring, selling, reproducing, creating derivative works from, distributing, performing, displaying, or in any way exploiting any of the Content, in whole or in part, except as otherwise expressly permitted in these Terms and Conditions;
(ii) using the Website or Services in violation of any applicable law or regulation;
(iii) using the Website or Services to transmit, distribute, store or destroy material, including but not limited to the Content, in a manner that will infringe the copyright, trademark, trade secret, patent or other intellectual property rights of UPJ or others or violate the privacy, publicity or other personal rights of others;
(iv) selling, modifying or deleting the Content or reproducing, displaying, publicly performing, distributing or otherwise using the Content in any way for any public or commercial purpose;
(v) coping, adapting, modifying or duplicating the HMTL code created to generate any Content or the pages making up the Website;
(vi) using the Content impersonate or otherwise misrepresent your identity or affiliation with UPJ or any other person or entity;
(vii) using the Content to send unsolicited mail or email, making unsolicited communications regarding promotions or advertisements of products or services;
(viii) using any device, software or routine to interfere or attempt to interfere with the proper working of the Website or Services or any activity being conducted on or through the Website or Services, 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;
(ix) attempting to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the Website or Services;
(x) framing or link to any Content or information available from the Website or Services;
(xi) copying, storing, redistributing or publishing any Content; or
(xii) permitting or aiding any third party in any of the aforementioned.
12.4. We make no representation or warranty, express or implied, as to, and assume no responsibility for, the accuracy, reliability, completeness or timeliness of any Content available through the Services, and we make no commitment to update such Content.
12.5. Some items on the Website may appear slightly larger or smaller than actual size due to screen defaults and photography techniques. Other items on the Website may be represented at a larger than actual size in order to clearly show details, or smaller than actual size in order to show the entire item. For further details please contact us at firstname.lastname@example.org.
12.6. Except as otherwise expressly stated, UPJ owns or is an approved licensee to the Intellectual Property Rights contained in the Website, including but not limited to the "look and feel" of the Website, all HTML and other code contained in the Website. The Intellectual Property Rights are protected by the laws of the United Arab Emirates and other countries.
12.7. Any unauthorized use of Intellectual Property Rights is prohibited and any violations to this Clause 12 may result in civil and criminal penalties. Violators will be prosecuted to the fullest extent permissible under applicable law. Without limiting the foregoing, copying the Content to any other server, location or support for publication, reproduction, alteration, modification, or distribution is expressly prohibited.
13. Personal Data
14. Third Party Links and Promotions
In short: There may be links to third party websites or applications on our Website and we have no control over the contents of such websites or applications. Also, we may offer sale promotions, from time to time. However, please note that such sale promotions may have their own terms and conditions which you must comply with to participate in such promotions.
14.1. Where Services contains links to other sites or applications and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us. We have no control over the contents of those sites or resources.
14.2. The Website may contain information on sales promotions that we may run on our own or in combination with a third party. However, please note that all sales promotions are subject to further terms and conditions that you must comply with if you wish to enter into any sales promotion. Further, we reserve the right to remove any such sales promotions, in our sole discretion, from time to time.
In short: We hope that you hare happy with the Services. In the event that you have any complaints, please let us know so that we may try and resolve them for you.
15.1. If for whatever reason you are unhappy with the Service, you can make a complaint by emailing us at email@example.com.
In short: We can communicate with you through email, registered courier or hand delivery of documents.
16.1. Any notices and communications provided for in or pursuant to the Agreement or the Services shall be made in writing and in English.
16.2. If you need to deliver us a notice, you can do so by emailing us at firstname.lastname@example.org.
16.3. If we need to serve a notice on you in connection with this Agreement, we will use either your email address or postal address that you have provided to us.
16.4. A notice shall be deemed to have been given or made: (i) on the date of delivery in the case of courier, or (ii) when dispatched, provided that the sender has not received a delivery failure notification.
16.5. If delivery or receipt occurs on a day other than a business day, it will be taken to have been duly given at the commencement of the next business day.
17. Lawful Purpose
In short: You acknowledge and agree that you shall only use the Services for lawful purposes.
17.1. You acknowledge and agree to use the Services only for lawful purposes, and in a manner that does not infringe the rights of, or restrict or inhibit the use and enjoyment of the Services by any third party or other users.
In short: Please review this section for legal details and choice of law.
18.1. No Representations or Warranties
(i) UPJ expressly disclaims all warranties, representations and guarantees of any kind, whether oral or written, express, implied, statutory or otherwise, including, but not limited to implied warranties of merchantability, fitness for a particular purpose and non-infringement to the fullest extent permissible under law.
(ii) The Services and all Content are provided on an ‘as is’ and ‘as available’ basis. Without limiting the foregoing, you acknowledge and agree, to the maximum extent permitted by applicable law, we make no representation, warranty or guarantee, express or implied, regarding the quality, accuracy, timeliness, truthfulness, completeness, availability, or reliability of any of the Services or any Content.
(iii) To the maximum extent permitted by law, we do not represent or warrant that (a) the Services will meet your requirements or provide specific results, (b) the operation of the Services will be uninterrupted, error-free or free from other harmful elements or (c) errors will be corrected. Any oral or written advice provided by UPJ, its affiliates, or their respective shareholders, directors, agents, officers, personnel, employees, successors or assigns does not and will not create any warranty. To the maximum extent permitted by applicable law, we also make no representations or warranties of any kind with respect to Content.
(iv) No advice or information, whether oral or written, obtained from other users or through the Services, will create any warranty not expressly made in these Terms and Conditions. You therefore expressly acknowledge and agree that use of the Services is at your sole risk and that the entire risk as to satisfactory quality, performance, accuracy and effort is with you.
You agree to indemnify, defend and hold UPJ Indemnified Parties 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 any UPJ Indemnified Party arising from or in any way related to your use of the Website, including, by third parties as a result of your breach of the Agreement or any other terms referenced herein, your violation of any law or the rights of a third party, or your use of the Website.
18.3. Limitation of Liability
(i) To the maximum extent permitted by applicable law, under no circumstances (including, without limitation, negligence) shall UPJ, its affiliates, or their respective shareholders, directors, agents, officers, personnel, employees, successors or assigns be liable to you or any third party for (a) any indirect, incidental, special, exemplary, punitive, or consequential damages of any kind whatsoever, (b) loss of profits, revenue, data, use, goodwill, or other intangible losses, (c) damages relating to your access to, use of, or inability to access or use the Services, (d) damages relating to any conduct or content of any third party or user of the Services, including without limitation, defamatory, offensive or illegal conduct or content, or (e) damages in any manner relating to any content or third-party products accessed through the Services. To the maximum extent permitted by applicable law, this limitation applies to all claims, whether based on warranty, contract, tort, or any other legal theory, whether or not UPJ has been informed of the possibility of such damage, and further where a remedy set forth in these Terms and Conditions is found to have failed its essential purpose. To the maximum extent permitted by applicable law, the total liability of UPJ, for any claim under the Agreement, including for any implied warranties, is limited to USD 1,000.
(ii) In particular, to the extent permitted by applicable law, we are not liable for any claims arising out of (b) your use of the Services, (a) the use, disclosure, display, or maintenance of a user's Personal Data, (c) any other interactions with us or any other users of the Services, even if we have been advised of the possibility of such damages, or (d) other Content, information, services or goods received through or advertised on the Services or received through any links provided with the Services.
(iii) To the extent permitted by applicable law, you acknowledge and agree that we offer the Services in reliance upon the warranty disclaimers, releases, and limitations of liability set forth in the Terms and Conditions, that these warranty disclaimers, releases, and limitations of liability reflect a reasonable and fair allocation of risk between you and form an essential basis of the bargain between you and us. We would not be able to provide the Services to you on an economically reasonable basis without these warranty disclaimers, releases, and limitations of liability.
18.4. Governing Law and Dispute Resolution
(i) This Agreement shall be governed by and construed in accordance with the laws of United Arab Emirates as applied in Dubai without giving effect to conflicts of law principles thereof.
(ii) Any dispute regarding the Agreement is subject to the exclusive jurisdiction of the Courts in Dubai.
We may assign or delegate this Agreement, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under the Agreement without our prior written consent, and any unauthorized assignment and delegation by you is void.
18.6. Entire Agreement
This Agreement and any documents explicitly referred to in this Agreement, are the entire agreement between you and us.
18.7. Severability, No Waiver, and Survival
If any part of this Agreement is held invalid or unenforceable, that portion of the Agreement will be construed to reflect the parties’ original intent. The remaining portions will remain in full force and effect. Any failure on the part of UPJ to enforce any provision of this Agreement will not be considered a waiver of our right to enforce such provision. Our rights under this Agreement will survive any termination of this Agreement.
18.8. Section Headings and Summaries
Throughout this Agreement, each section includes titles and brief summaries of the following terms and conditions. These section titles and brief summaries are not legally binding.