Terms and Conditions of Use
1.1. All usage of the website www.dinarijewels.com and “Dinari Jewels” mobile app (altogether including general usage and e-commerce services hereinafter referred to as the “Site”) shall be governed by the terms and conditions stipulated by this agreement (“Terms and Conditions of Use”). This document is an electronic record digitally generated and does not require any kind of signature (physical or digital) for it to be legally binding.
1.2. The Site and the mobile app (www.dinarijewels.com and Dinari Jewels, respectively) and all rights relating to the trademark, ownership and usage of the brand name “Dinari Jewels”, "Dinari" and its related domain names, including but not limited to dinarijewels.com, dinari.shop, dinarijewels.eu, dinari.in, dinariofficial.com etc., are solely owned by Dinari Jewels SIA, reg. 45403052791 in the commercial register of Latvia. Whenever the context may require, any reference made to “dinarijewels.com”, “Dinari Jewels”, "company", “we”, “us” and “our” shall mean “Dinari Jewels SIA.”.
1.3. Whenever the context may require, any reference made to terms like “registered user”, “guest user”, “visitor”, “customer”, “buyer”, “purchaser”, “user”, “you”, “your” shall mean any natural or legal person accessing or using the Website or Mobile App, its content or its services. By providing Required Registration Data and acquiring a unique user ID and password a user can become a ‘Registered User’.
1.4. References to our “Affiliates” include our promoters, subsidiaries, affiliated companies, officers, directors, suppliers, partners, investors, sponsors, and advertisers, and includes (without limitation) all parties involved in creating, producing, and/or delivering the Site and/or its contents.
1.5. Use of the Site is conditioned upon the acceptance of terms and conditions stipulated or referenced in these Terms and Conditions of Use. By accessing, using or logging/signing in to the Site, you indicate your unconditional acceptance of these Terms and Conditions of Use. We reserve the right, in our sole discretion, to update or revise these terms and conditions of use. Your continued use of the site following updating or posting any changes to these terms of use constitutes acceptance of those changes. In addition to this you shall be subject to Rules, Policy, Conditions and/or Guidelines published from time to time on the Site relating to products and services. All such additional Rules, Policy, Conditions and Guidelines are hereby incorporated by reference into these Terms and Conditions of Use. In the event of not agreeing to these Terms and Conditions of Use, please leave the Site immediately without performing any action which may subject you to contractual obligations.
1.6. These Terms and Conditions of Use and its amendments shall be posted on the Site after being made by us on our sole discretion and shall be binding on you. No invalidity of these Terms and Conditions of Use can be claimed merely because they are being concluded electronically. Your continued access to, or use of the Site after we have posted a modification will constitute acknowledgement of the modified Terms and Conditions of Use thereby abiding by them. Any continued use of this Site means that you agree to these Terms and Conditions of Use. Please refrain from using the Site in case you are unwilling to be bound by these Terms and Conditions of Use.
1.7. You represent and warrant that you are at least 18 years of age, provided that if you are under 18 years of age, you shall not, under any circumstances or for any reason, use the Site. As a minor if you wish to use or transact on Site, such use or transaction on the Site may be made only by your legal guardian or parents.
1.8. We may, in our sole discretion, refuse to offer the Site services to any person or entity and change its eligibility criteria at any time. You are solely responsible for ensuring that these Terms and Conditions of Service are in compliance with all laws, rules and regulations applicable to you and the right to access the Site is revoked where these Terms and Conditions of Service or use of the Site is prohibited or to the extent offering, sale or provision of the Website services conflicts with any applicable law, rule or regulation. Further, the Services are offered only for your use, and not for the use or benefit of any third party.
1.8. It is your responsibility to ascertain and obey all applicable local and international laws (including minimum age requirements) in regard to the possession, use, and sale of any product purchased through the Site.
2. DESCRIPTION OF SERVICES
2.1. We provides Internet-based market place services through the dinarijewels.com. One such service enables Users to purchase jewelry, accessories and other related merchandise (collectively, “Products”) from the website. Most of the products sold on the Site are originally manufactured by, on behalf of, or for Dinari Jewels, however, it may be so that some products are produced by third-party manufactures and are sold on the Site directly by third party manufacturers/resellers/vendors. The site is merely a marketplace which facilitates transactions between the third party vendors/resellers/manufacturers and the users as a passive conduit. Products from the website can be purchased through various methods of payments offered on the Site such as PayPal, Debit/Credit Card payments, Direct Bank Transfer etc. The sale/purchase of Products shall be additionally governed by specific policies like cancellation, shipping, and return policy, etc. In addition to these Terms and Conditions of Use, conditions may be supplemented by Product specific conditions, which may be displayed with that Product. Dinari Jewels does not warrant that Product description or other content is accurate, complete, reliable, current, or error-free and assumes no liability in this regard.
2.2. We reserve the sole right to either modify or discontinue any service associated with the Site, including any of its features, at any time with or without notice to you. You agree that we will not be liable to you or any third party should we exercise such right at any time. You also agree that any new features that augment or enhance the services on the Site shall also be subject to these Terms and Conditions of Use.
3. REGISTRATION DATA AND PRIVACY
3.1. In order to access certain services or features on the Site, you are required to register by signing up or logging in which requests certain information and data (“Registration Data”). You are required to maintain and update your Registration Data as your information and data may change. By registering or logging into the app, you agree that all information provided in the Registration Data is true and accurate and that you will maintain and update this information as required, keeping it current, complete, and accurate.
3.2. You shall be responsible for maintaining the confidentiality of information relating to your Registered Account and you shall be responsible for all activities that occur under your Registered Account. You agree that providing any information that is untrue, inaccurate, not current or incomplete, we shall have the right to indefinitely suspend or terminate or block access of your account on the Site.
You agree to
(a) immediately notify us of any unauthorized use / breach of your password or account and
(b) ensure that you exit from your account at the end of each session.
3.2. The information we obtain through your use of the Website, including your Registration Data, is subject to our Privacy Policy. Our Privacy Policy is specifically and fully incorporated by reference into these Terms and Conditions of Use.
4. CONDUCT ON SITE
4.1. Your use of the site is subject to all applicable laws and regulations, and you are solely responsible for the substance, results and consequences of your communications on the Site or uploading any Site content on any social media platform. By posting any information on or through the Site, or uploading any Site content on any social media platform, you agree that you will not upload, share, post, or otherwise distribute or facilitate distribution of any content -- including text, communications, software, images, sounds, data, or other information -- that:
(i) is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, or is otherwise tortious or contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), or otherwise violates our rules or policies;
(ii) victimizes, harasses, degrades, or intimidates an individual or group of individuals based on religion, gender, sexual orientation, race, ethnicity, age, disability, or other legally protected basis;
(iii) infringes on any patent, trademark, trade secret, copyright, right of publicity, moral right, or other proprietary right of any party;
(iv) constitutes unauthorized or unsolicited advertising, junk or bulk email (also known as “spamming”), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;
(v) contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party; or
(vi) impersonates any person or entity, including any of our employees or representatives.
(vii) You shall not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion or content of the in any way reproduce or circumvent the navigational structure or presentation of the Site to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. We reserve Our right to bar any such activity.
(viii) You shall not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any server, computer, network, or to any of the services offered on or through the Site, by hacking, password “mining” or any other illegitimate means.
(ix) You shall not engage in advertising to, or solicitation of, other users of the Site to buy or sell any products or services, including, but not limited to, products or services related to that being displayed on the Site or related to us.
4.2. You acknowledge that we neither endorse nor assume any liability for the contents of any material uploaded or submitted by third parties on the Site or social media that represents any information to be true in connection with Dinari Jewels.
4.3. You may not use your account to breach security of another account or attempt to gain unauthorized access to another network or server. Not all areas of the Site may be available to you or other authorized users of the Site. You shall not interfere with anyone else’s use and enjoyment of the Site or any associated services or features. Users who violate systems or network security may incur criminal or civil liability.
4.4. You agree that we may, at any time and at our sole discretion, terminate your membership, account, or other affiliation with our Site without prior notice to you for violating any of the above Terms and Conditions of Use and associated provisions. Upon such termination, you agree that we may remove any and all material or content that you may have posted to our Site. In addition, you acknowledge that we do and will cooperate fully with any investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in investigating suspected criminal or civil violations.
5. THIRD PARTY SITES AND INFORMATION
The Site may permit you to link to other websites, services or resources on the Internet, and other websites, services or resources may contain links to our Site. When you access third party resources on the Internet, you do so at your own risk. These other resources are not under our control, and you acknowledge that we are not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply our endorsement or any association between us and their operators. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such website or resource.
6. PAYMENTS
6.1. The Site uses a third-party payment processor (the “Payment Processor”) to allow you to pay for products purchased through the Site. The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Processor in addition to this Agreement. We are not responsible for error by the Payment Processor. By choosing to purchase goods through the Site, you agree to pay through the Payment Processor, all charges at the prices then in effect for your purchase in accordance with the applicable payment terms and you authorize us, via the applicable Payment Processor, to charge your chosen payment provider (“Payment Method”). Such charges for your purchase may include shipping fees and state and local sales tax, the amount of which varies due to factors including the type of item purchased and the shipping destination. You agree to make payment using that selected Payment Method. We reserve the right to correct any errors or mistakes that it makes even if it has already requested or received payment.
6.2. The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card/debit card issuer or other provider of your chosen Payment Method. If we, via the Payment Processor, do not receive payment from you, you agree to pay all amounts due on your applicable purchase upon demand.
6.3. YOU MUST PROVIDE CURRENT, COMPLETE AND ACCURATE INFORMATION FOR YOUR PAYMENT METHOD. YOU MUST PROMPTLY UPDATE ALL INFORMATION TO KEEP YOUR PAYMENT METHOD CURRENT, COMPLETE AND ACCURATE (SUCH AS A CHANGE IN BILLING ADDRESS, CREDIT CARD NUMBER, OR CREDIT CARD EXPIRATION DATE), AND YOU MUST PROMPTLY NOTIFY US IF YOUR PAYMENT METHOD IS CANCELED (E.G., FOR LOSS OR THEFT) OR IF YOU BECOME AWARE OF A POTENTIAL BREACH OF SECURITY, SUCH AS THE UNAUTHORIZED DISCLOSURE OR USE OF YOUR USER NAME OR PASSWORD.
6.4. No money is charged before your goods are dispatched from the warehouse. When an order is placed by you the third party payment processor reserves the amount on your card and we do not charge the amount until the goods have been dispatched.
7. PRODUCTS AND PRICING
7.1. Please read these Terms and Conditions of Use carefully before ordering any products. You should understand that by ordering any of our products, you agree to be bound by these Terms and Conditions of Use.
7.2. To place an order for the purchase of one or more products on the Site, you must fill out the online order form at the checkout stage and send it electronically to us, following the relevant instructions. An order in general shall be deemed to have been submitted when we receive your order in any form and payment electronically and the order information has been verified as correct.
7.3. We may not process or fulfill purchases when there are not sufficient guarantees of solvency, when orders are incomplete or incorrect, or the products are no longer available. In the above cases, we shall inform you by e-mail that the contract has not been executed against your purchase order specifying the reasons thereof. Additionally, Orders made from a Country site different from the one you are shipping to, or to addresses to which we cannot ship, may be cancelled by us at our sole discretion.
7.4. Descriptions, images, references, features, content, specifications, products, prices, and availability of any products made available through the Services are subject to change without notice, and our current prices can be found on the Site. Check the final price of sale before sending the relevant order form.
7.5. We make reasonable efforts to accurately display the attributes of the products, including the applicable colors; however, the actual color you see will depend on your computer system, and we cannot guarantee that your computer will accurately display such colors. The inclusion of any products on the Site at a particular time does not imply or warrant that these products will be available at any time. We therefore disclaims any guarantees of exactness as to the finish, appearance, size, color, availability etc., of the any product as ordered by you or sold on the Site.
7.6. By placing an order, you represent that the products ordered will be used only in a lawful manner. We reserve the right, with or without prior notice, to limit the available quantity of or discontinue any product; to honor or impose conditions on the honoring of, any coupon, gift card, voucher, coupon code, promotional code, or other similar promotions; to bar any user from making any or all purchases; and to refuse to provide any user with any product.
7.7. Items in your Shopping Cart reflect the current price displayed on the item’s product details page. Please note that this price may differ from the price displayed when the item was first placed in your Shopping Cart. Our merchandise is offered for sale by the Site for your personal consumption and not for resale. Therefore, we reserve the right to refuse to sell to any person whom we believe may be purchasing for resale. If you have any questions concerning any product you may write at: support@dinarijewels.com
8. SHIPPING, CANCELLATION, RETURN AND REFUND POLICY
8.1. We know that the cost of shipping and the ease of cancelling or returning purchased goods affects your buying decision. Our Shipping, Cancellation, Return, and Refund, which are incorporated by reference to this Terms and Condition of Use, can be found on the Site footer. If you have any questions about a particular product, or you have concerns related to shipping, cancellation, return or refund, please contact us at: support@dinarijewels.com
9. INTELLECTUAL PROPERTY INFORMATION
9.1. For purposes of these Terms and Conditions of Use, we define “content” as any information, data, communications, software, photos, video, graphics, music, sounds, and other material and services that can be viewed by users on our Site.
9.2. By accepting these Terms and Conditions of Use, you acknowledge and agree that all content presented to you on the Site may be protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws, and is the sole property of the company and/or its Affiliates. You are only permitted to use the content by sharing it on social media as authorized by the site in accordance with these Terms and Conditions of Use. You may not copy, reproduce, modify, republish, upload, post, transmit, or distribute any documents, logo, or information from the Site in any form or by any means without prior written permission from us, and you are solely responsible for obtaining permission before reusing any copyrighted material that is available on the Site. Any unauthorized use of the materials appearing on the Site may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.
10. TERMINATION OF USE
10.1. You agree that we may, in our sole discretion, terminate or suspend your access to all or part of the Site with or without notice and for any reason, including, without limitation, breach of these Terms and Conditions of Use. Where, in our reasonable opinion, there is any suspected fraudulent, abusive, inappropriate, or illegal activity, such activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities.
10.2. Upon termination or suspension of your access, regardless of the reasons therefore, your right to use the services available on the Site immediately ceases, and you acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Site. We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection with such termination or suspension.
11. DISCLAIMER OF WARRANTIES
11.1. ALL MATERIALS AND SERVICES ON THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (A) THE SITE SERVICES AND MATERIALS WILL MEET YOUR REQUIREMENTS, (B) THE SITE SERVICES AND MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR MATERIALS WILL BE EFFECTIVE, ACCURATE OR RELIABLE.
11.2. THE SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE MATERIALS AND SERVICES AT THE SITE AT ANY TIME WITHOUT NOTICE TO YOU. THE MATERIALS OR SERVICES AT THE SITE MAY BE OUT OF DATE. WE MAKE NO COMMITMENT TO UPDATE SUCH MATERIALS OR SERVICES.
11.3. YOUR USE OF ANY SERVICES OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS THROUGH THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, ELECTRONIC AND DIGITAL FILES OR LOSS OF DATA THAT MAY RESULT FROM SUCH ACTIVITIES.
11.4. Through your use of the Site, you may have opportunities to engage in commercial transactions with other third party users and vendors who are not controlled by Dinari Jewels. You acknowledge that all transactions relating to any merchandise or services offered by any third party, including, but not limited to the purchase terms, payment terms, warranties, guarantees, maintenance and delivery terms relating to such transactions, are agreed to solely between the seller of such merchandise or services and you. You agree that Dinari Jewels or its Affiliates shall not be a party to any commercial contract between you and any third party sellers/purchasers.
11.5. WE MAKE NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED THROUGH, OR IN CONNECTION WITH THE SITE, AND YOU UNDERSTAND AND AGREE THAT SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT YOUR OWN RISK. ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY PRODUCTS, SERVICES, MATERIALS, OR INFORMATION AVAILABLE ON OR THROUGH THE SITE FROM A THIRD PARTY IS PROVIDED SOLELY BY SUCH THIRD PARTY, AND NOT BY US OR ANY OF OUR AFFILIATES.
12. LIMITATION OF LIABILITY
12.1. IN NO EVENT SHALL WE OR OUR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY OTHER DIRECT OR INDIRECT DAMAGES, INCLUDING WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT WE HAVE BEEN ADVISED YOU OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SITE OR OF ANY OTHER WEBSITE REFERENCED OR LINKED TO FROM THE SITE.
12.2. FURTHER, WE SHALL NOT BE LIABLE IN ANY WAY FOR THIRD PARTY GOODS AND SERVICES OFFERED THROUGH THE SITE OR FOR ASSISTANCE IN CONDUCTING COMMERCIAL TRANSACTIONS THROUGH THE SITE, INCLUDING WITHOUT LIMITATION THE PROCESSING OF ORDERS OR PAYMENT OF ANY CONSIDERATION.
12.3. YOU UNDERSTAND AND AGREE THAT WE PROVIDE THE SERVICES AND FEATURES ASSOCIATED WITH THE SITE CONDITIONED ON YOUR UNDERSTANDING OF, AND AGREEMENT WITH, THE PRESCRIBED LIMITATIONS OF LIABILITY AND DISCLAIMERS OF WARRANTY SET FORTH IN THESE TERMS AND CONDITIONS OF USE. BUT FOR YOUR AGREEMENT WITH THESE LIMITATIONS AND DISCLAIMERS, WE WOULD NOT PROVIDE THE SERVICES SET FORTH HEREIN. CONSEQUENTLY, YOU SPECIFICALLY AGREE THAT YOU UNDERSTAND AND AGREE TO THESE LIMITATIONS AND DISCLAIMERS.
13. INDEMNIFICATION
You agree to defend, indemnify, and hold us and our Affiliates harmless from all liabilities, claims, and expenses, including attorney’s fees, that arise from your use or misuse of the Site, its services or features. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
14. COMMUNICATION AND EXECUTIONS:
14.1. You understand that you are communicating with us in the event where you use the Site or send emails or other data/information to dinarijewels.com or its sub-domain. All electronic agreements, notices and any form of electronic correspondence made by us to you shall be deemed to satisfy all legal requirements (such as written communication).
14.2. None of the provisions of these Terms and Condition of Use shall be deemed to constitute a partnership or agency or fiduciary relationship between you and Dinari Jewels and you shall have no authority to bind DinariJewels.com in any manner whatsoever.
14.3. Notices: All notices that may be required to be sent to DinariJewls.com shall be sent by email with the subject line – Attn: Legal Department to info@dinarijewels.com.
15. ENTIRE AGREEMENT
These Terms and Conditions of Use constitute the entire agreement and understanding between us concerning the subject matter of this agreement and supersede all prior agreements and understandings of the parties with respect to that subject matter. These Terms and Conditions of Use may not be altered, supplemented, or amended by the use of any other document(s). Any attempt to alter, supplement or amend this document or to enter an order for products or services which are subject to additional or altered terms and conditions shall be null and void, unless otherwise agreed to in a written agreement signed by you and us. To the extent that anything in or associated with the Site is in conflict or inconsistent with these Terms and Conditions of Use, these Terms and Conditions of Use shall take precedence.
16. MISCELLANEOUS
16.1. In any action to enforce these Terms and Conditions of Use, the prevailing party will be entitled to costs and attorney’s fees. Any cause of action brought by you against us or our Affiliates must be instituted with one year after the cause of action arises or be deemed forever waived and barred.
16.2. You may not assign your rights and obligations under these Terms and Conditions of Use to any party, and any purported attempt to do so will be null and void. We may freely assign our rights and obligations under these Terms and Conditions of Use to any party whatsoever without any permission from you.
16.3. You agree not to sell, resell, reproduce, duplicate, copy, create a derivative work, or use for any commercial purposes any portion of the Site. You also agree that you will not use or access the Site for commercial purposes.
16.4. In addition, you agree that we are excused from liability for non-delivery or delay in delivery of products and services available through the Site arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to, labour disturbance, war, fire, accident, power outage, adverse weather, inability to secure transportation, governmental act or regulation, third party logistical delay, custom non-clearances or delayed custom clearance, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.
16.5. If any part of these Terms and Conditions of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
16.6. Any failure by us to enforce or exercise any provision of these Terms and Conditions of Use or related rights shall not constitute a waiver of that right or provision.
17. JURISDICTION
These Terms and Conditions of Service and any action related thereto will be governed and interpreted by and under the laws of Latvia by courts of Riga, without giving effect to any principles that provide for the application of the laws of another jurisdiction.