Terms of service
OVERVIEW
Welcome to Ain Gold and Diamonds! The terms "we", "us" and "our" refer to Ain Gold and Diamonds. Ain Gold and Diamonds operates this store and website, including all related information, content, features, tools, products and services in order to provide you, the customer, with a curated shopping experience (the "Services"). Ain Gold and Diamonds is powered by Shopify, which enables us to provide the Services to you.
The below terms and conditions, together with any policies referenced herein (these "Terms of Service" or "Terms") describe your rights and responsibilities when you use the Services.
Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability.
By visiting, interacting with or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms of Service or Privacy Policy, you should not use or access our Services.
SECTION 1 - ACCESS AND ACCOUNT
By agreeing to these Terms of Service, you represent that you are at least the age of majority applicable in the United Arab Emirates, and you have given us your consent to allow any of your minor dependents to use the Services on devices you own, purchase or manage.
To use the Services, including accessing or browsing our online store or purchasing any of the products or services we offer, you may be asked to provide certain information, such as your email address, billing, payment, and shipping information. You represent and warrant that all the information you provide in our store is correct, current and complete and that you have all rights necessary to provide this information.
You are solely responsible for maintaining the security of your account credentials and for all of your account activity. You may not transfer, sell, assign, or license your account to any other person.
SECTION 2 - OUR PRODUCTS
We have made every effort to provide an accurate representation of our products and services in our online store. However, please note that colours or product appearance may differ from how they may appear on your screen due to the type of device you use to access the store and your device settings and configuration.
Jewellery is made to order, and minor variations in appearance may occur due to the nature of the materials and the craftsmanship involved. Product images are intended to provide a representation of the product and may not always reflect the exact appearance of the individual piece supplied.
All product descriptions, specifications, prices, and availability are subject to change at any time without notice. We reserve the right to discontinue any product at any time and may limit the quantities of any products that we offer.
SECTION 3 - ORDERS
When you place an order, you are making an offer to purchase. Ain Gold and Diamonds reserves the right to accept or decline your order at its discretion. Your order is not accepted until Ain Gold and Diamonds confirms acceptance. We must receive and process your payment before your order is accepted.
Please review your order carefully before submitting it. Because our jewellery is made to order, cancellation requests may not be accommodated once production has commenced. Where an order has not yet entered production, please contact us as soon as possible to request a cancellation. Cancellation requests are subject to our approval and applicable law.
In the event that we do not accept, make a change to, or cancel an order, we will attempt to notify you by contacting the email address, billing address, and/or phone number provided at the time the order was made.
Your purchases are subject to return or exchange solely in accordance with our Refund Policy.
Our products are sold for personal or household use and are not intended for commercial resale.
SECTION 4 - PRICES AND BILLING
Prices, discounts and promotions are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email.
Unless otherwise expressly stated, posted prices are subject to applicable taxes and charges that may apply to your order.
Prices posted in our online store may be different from prices offered in physical stores or in online or other stores operated by third parties. We may offer, from time to time, promotions on the Services that may affect pricing and that are governed by terms and conditions separate from these Terms. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern.
You agree to provide current, complete and accurate purchase, payment and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and payment details, so that we can complete your transactions and contact you as needed.
You represent and warrant that the payment information you provide is true, correct, and complete, that you are duly authorised to use the selected payment method, and that you will pay all charges incurred by you at the prices displayed at the time of purchase, including any applicable taxes or charges.
SECTION 5 - SHIPPING AND DELIVERY
We currently offer shipping within the United Arab Emirates only.
All jewellery is made to order and is dispatched within 7–10 days. Once your order has been dispatched, delivery times may vary depending on the delivery location and carrier.
We provide complimentary, fully insured shipping across the UAE.
While we make every reasonable effort to meet the stated dispatch and delivery timeframes, delivery dates may be affected by circumstances outside our control, including carrier delays, adverse weather, or other unforeseen events. We will communicate with you where we become aware of a significant delay affecting your order.
Once your order has been handed over to the delivery carrier, it will be transported in accordance with the carrier's delivery procedures. In the event of loss or damage during transit, please contact us promptly so that we can assist you with the relevant claim or resolution.
SECTION 6 - INTELLECTUAL PROPERTY
Our Services, including but not limited to all trademarks, brands, text, displays, images, graphics, product reviews, video, and audio, and the design, selection, and arrangement thereof, are owned by Ain Gold and Diamonds, its affiliates or licensors and are protected by applicable intellectual property laws.
These Terms permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Services without our prior written consent.
Except as expressly provided herein, nothing in these Terms grants or shall be construed as granting a licence or other rights to you under any patent, trademark, copyright, or other intellectual property of Ain Gold and Diamonds, Shopify or any third party. All rights not expressly granted herein are reserved by Ain Gold and Diamonds.
Ain Gold and Diamonds's names, logos, product and service names, designs, and slogans are trademarks of Ain Gold and Diamonds or its affiliates or licensors. You must not use such trademarks without the prior written permission of Ain Gold and Diamonds. Shopify's name, logo, product and service names, designs and slogans are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans on the Services are the trademarks of their respective owners.
SECTION 7 - OPTIONAL TOOLS
You may be provided with access to customer tools offered by third parties as part of the Services, which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools "as is" and "as available" without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools, to the extent permitted by applicable law.
Any use by you of the optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new features through the Services, including the release of new tools and resources. Such new features shall also be deemed part of the Services and are subject to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
The Services may contain materials and hyperlinks to websites provided or operated by third parties, including any embedded third-party functionality. We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites you choose to access.
If you decide to leave the Services to access these materials or third-party sites, you do so at your own risk. We are not liable for any harm or damages related to your access of third-party websites or your purchase or use of any products, services, resources, or content on third-party websites, to the extent permitted by applicable law.
Please review carefully the third party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products and services should be directed to the relevant third party.
SECTION 9 - RELATIONSHIP WITH SHOPIFY
Ain Gold and Diamonds is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make in our Store are made directly with Ain Gold and Diamonds.
By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and Ain Gold and Diamonds, including any injury, damage, or loss resulting from purchased products and services. To the extent permitted by applicable law, you release Shopify and its affiliates from claims, damages, and liabilities arising from or related to your purchases and transactions with Ain Gold and Diamonds.
SECTION 10 - PRIVACY POLICY
All personal information we collect through the Services is subject to our Privacy Policy, which can be viewed on our website. Certain personal information may also be subject to Shopify's Privacy Policy.
By using the Services, you acknowledge that you have read these privacy policies.
Because the Services are hosted by Shopify, Shopify may collect and process personal information about your access to and use of the Services in order to provide and improve the Services. Information you submit to the Services may be transmitted to and shared with Shopify and third-party service providers that support the operation of our store. Please review our Privacy Policy for more details on how we, Shopify, and our partners use your personal information.
SECTION 11 - FEEDBACK
If you submit, upload, post, email, or otherwise transmit any ideas, suggestions, feedback, reviews, proposals, plans, or other content (collectively, "Feedback"), you grant us a perpetual, worldwide, sublicensable, royalty-free licence to use, reproduce, modify, publish, distribute and display such Feedback in any medium for any purpose, including for commercial use.
You also represent and warrant that: (i) you own or have all necessary rights to all Feedback; (ii) you have disclosed any compensation or incentives received in connection with your submission of any Feedback; and (iii) your Feedback will comply with these Terms.
We are under no obligation to maintain your Feedback in confidence, pay compensation for your Feedback, or respond to your Feedback.
We may, but have no obligation to, monitor, edit or remove Feedback that we determine in our sole discretion to be unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or that violates any party's intellectual property rights or these Terms of Service.
You agree that your Feedback will not violate any right of any third party, including copyright, trademark, privacy, personality or other personal or proprietary rights. You further agree that your Feedback will not contain unlawful, abusive or obscene material or any computer virus or other malware that could affect the operation of the Services or any related website.
You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any Feedback. You are solely responsible for any Feedback you make and its accuracy. We take no responsibility and assume no liability for any Feedback posted by you or any third party, to the extent permitted by applicable law.
SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on or in the Services that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, shipping charges, transit times and availability.
We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information is inaccurate, subject to applicable law. Where an order is cancelled as a result of an error, we will notify you and refund any payment received for the cancelled order.
SECTION 13 - PROHIBITED USES
You may access and use the Services for lawful purposes only. You may not access or use the Services, directly or indirectly: (a) for any unlawful or malicious purpose; (b) to violate any applicable laws, regulations, rules, or local requirements; (c) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or harm our employees or any other person; (e) to transmit false or misleading information; (f) to send, knowingly receive, upload, download, use, or re-use any material that does not comply with these Terms; (g) to transmit or procure the sending of unsolicited advertising or promotional material; (h) to impersonate or attempt to impersonate any other person or entity; or (i) to engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which, as determined by us, may harm Ain Gold and Diamonds, Shopify or users of the Services, or expose them to liability.
In addition, you agree not to: (a) upload or transmit viruses or any other type of malicious code that may affect the functionality or operation of the Services; (b) reproduce, duplicate, copy, extract, sell, resell or exploit any portion of the Services without our written permission; (c) collect or track the personal information of others without proper authority; (d) spam, phish, pharm, or pretext the Services; (e) use automated means to access or collect data from the Services in a manner that violates these Terms or applicable law; or (f) interfere with, bypass, or circumvent the security or authorization features or other measures we employ to protect the Services.
We reserve the right to suspend, disable, or terminate your account or access to the Services at any time, subject to applicable law, if we determine that you have violated any part of these Terms.
SECTION 14 - TERMINATION
We may terminate this agreement or your access to the Services, or any part thereof, where permitted by applicable law. You will remain liable for all amounts due up to and including the date of termination.
The following sections will continue to apply following any termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver; Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions that by their nature should survive termination.
SECTION 15 - DISCLAIMER OF WARRANTIES
The information presented on or through the Services is made available primarily for general information purposes. We make reasonable efforts to keep the information on the Services accurate and up to date, but we do not guarantee that all information will always be complete, accurate, or current.
Except as expressly stated by Ain Gold and Diamonds and to the extent permitted by applicable law, the Services are provided on an "as is" and "as available" basis. We do not guarantee that your use of the Services will be uninterrupted, timely, secure, or error-free.
Nothing in these Terms is intended to exclude, restrict, or limit any rights, warranties, guarantees, or remedies that cannot lawfully be excluded or limited under applicable law.
SECTION 16 - LIMITATION OF LIABILITY
To the fullest extent permitted by applicable law, Ain Gold and Diamonds, its partners, directors, officers, employees, affiliates, agents, contractors, service providers and licensors, and Shopify and its affiliates, shall not be liable for indirect, incidental, special, consequential, or punitive damages arising from your use of the Services or products purchased through the Services.
This limitation does not apply to any liability that cannot lawfully be excluded or limited under applicable law.
SECTION 17 - INDEMNIFICATION
You agree, to the extent permitted by applicable law, to indemnify and hold harmless Ain Gold and Diamonds, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from claims, losses, damages, liabilities, and reasonable expenses arising from your breach of these Terms, your violation of applicable law or the rights of a third party, or your misuse of the Services.
We will notify you of any claim for which indemnification is sought, where reasonably practicable. We may participate in the defence or settlement of such claim as permitted by applicable law.
SECTION 18 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall be enforced to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms. Such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 19 - WAIVER; ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Services constitute the entire agreement and understanding between you and us and govern your use of the Services, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us.
Any ambiguities in the interpretation of these Terms of Service shall not affect the validity of these Terms.
SECTION 20 - ASSIGNMENT
You may not delegate, transfer or assign this Agreement or any of your rights or obligations under these Terms without our prior written consent, and any such attempt will be null and void to the extent permitted by applicable law. We may transfer, assign, or delegate these Terms and our rights and obligations where permitted by applicable law.
SECTION 21 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the applicable laws of the United Arab Emirates and the applicable laws of the Emirate in which Ain Gold and Diamonds is established, subject to any mandatory consumer protection rights and other applicable legal requirements.
Any disputes arising from or relating to these Terms or the Services shall be subject to the jurisdiction of the competent courts in the applicable Emirate, unless otherwise required by applicable law.
SECTION 22 - HEADINGS
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 23 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time on this page.
We reserve the right, where permitted by applicable law, to update, change, or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes.
We will notify you of any material changes to these Terms in accordance with applicable law, and such changes will be effective on the date specified in the notice. Your continued use of or access to the Services following the posting of changes to these Terms of Service constitutes acceptance of those changes, to the extent permitted by applicable law.
SECTION 24 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at marketing.aingold@gmail.com.
Our contact information is posted below:
Ain Gold and Diamonds
marketing.aingold@gmail.com
Store Address: Shop 4, Shamma Plaza 3, Dubai Gold District, Dubai, UAE
+971561571897