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Welcome
to the world of Diamantina Jewelry
Your
use of the Website is governed by the Terms and Conditions (the
"Agreement") stated below. Please read this Agreement carefully
before using this Website. By using this Website, you signify that you agree to
this Agreement. If you do not agree with these terms and conditions, you must
discontinue use of this Website.
Eligibility.
By using or purchasing products on the Website, you represent that you are
eighteen (18) years of age or older.
Your
Account.
You can register for "Diamantina Jewelry” Account
(the “Account”)
by providing your full legal name, current address, phone number, email
address, and any other information indicated as required. You will provide
true, accurate, current, and complete information about you as requested in the
registration form, and will update the information to keep it current.
You
are responsible for keeping your password secure. We cannot and will not be
liable for any loss or damage from your failure to maintain the security of
your Account and password. You are responsible for all activity and content
such as data, graphics, photos and links uploaded under your Account.
We
may reject your registration or cancel an existing Account, for any reason, in
our sole discretion.
Payments.
You are
responsible for all charges incurred under your Account, whether made by you or
another person using your Account.
If
for any reason we do not receive payment for a purchase, or if payment is found
to be fraudulent, we may exercise our rights in law and equity, including (a)
immediately suspending or terminating your Account; (b) seeking collection of
the outstanding amount owed; and/or (c) seeking legal action against you for
the breach of this Agreement.
You
are also responsible for paying any governmental taxes imposed in connection with
use of the Website or the purchase or any products, including sales, use or
excise taxes. To the extent that we are obligated to collect such taxes, the
applicable tax will be added to your payment. All sales on the Website are
final.
Availability,
Changes and Inaccuracies.
We reserve the right at any time, and from time to time, to modify or
discontinue, the Website (or any part thereof) with or without notice.
We
are constantly updating our products and services on the Website. We make every
attempt to ensure that our online catalog of products is as accurate and
complete as possible. Unfortunately, it is not possible to ensure that any
website is completely free of human or technological errors. The products or
services available on our Website may be mispriced, described inaccurately, or
unavailable, and we may experience delays in updating information on the
Website and in our advertising on other websites. Prices and descriptive
information or imagery are subject to change without notice.
We
reserve the right to correct any errors, inaccuracies or omissions including
after an order has been submitted, and to change or update information at any
time without prior notice. In cases where the price of the product you
purchased as shown on the Website is different from the price on the Order
Confirmation you receive, the price on such email will be the correct and final
price.
If a
product's listed price is lower than its actual price, we will contact you
prior to processing the order to confirm the new price. Should you not want to
continue with your order at this time, it will be cancelled. We will not honor
inaccurate or incorrect pricing. We do not negotiate the prices of our
products.
We
cannot and do not guarantee the accuracy or completeness of any information,
including prices, product images, specifications, availability, and services.
We reserve the right to change or update information and to correct errors,
inaccuracies, or omissions at any time without prior notice.
Unauthorized
Activities.
You agree that you will not use the Website for (a) any illegal or unauthorized
purposes that violate any local, national, or international laws (including but
not limited to import, export, copyright, and trademark laws); (b) modifying,
copying, distributing, displaying, performing, reproducing, publishing,
licensing, creating derivative works from, transferring, selling any of the
Website Materials, unless otherwise authorized by this Agreement or in a
separate written agreement with us; (c) attempting to gain unauthorized access
to our computer system or engaging in any activity that interferes with the
performance of, or impairs the functionality of the Website or any services
provided through the Website; (d) any resale or commercial use of the Website;
(e) any downloading or copying of the Website Materials for any reason other
than your personal use, or any use of data mining, robots or similar data
gathering and extraction tools; (f) using the Website to access or collect any
personally identifiable information, including any names, email addresses or
other such information for any purpose, including, without limitation,
commercial purposes; or (g) removing, circumventing, disabling, damaging or
otherwise interfering in any way with any security-related features of the
Website aimed at preventing or restricting the unauthorized use of the Website
or any of the Website Materials. You may use the Website and the Website
Materials consistently with this Agreement. Any other use of the Website or
Website Materials, including but not limited to the aforementioned unauthorized
uses, without our prior written permission is strictly prohibited. You
acknowledge and agree that the unauthorized use of the Website or the Website
Materials could cause irreparable harm to us and that in the event of such
unauthorized use, we shall be entitled to an injunction in addition to any
other remedies available at law or in equity.
Internet
Security.
We use reasonable efforts to ensure that the Website is generally available.
However, there will be occasions when access to the Website will be interrupted
or unavailable. You agree that we shall not be liable to you for any
modification, suspension or discontinuance of the Website.
You
understand that the technical processing and transmission of any Website
content may be transferred unencrypted and involve (a) transmissions over
various networks; and (b) changes to conform and adapt to technical
requirements of connecting networks or devices. Please be advised that we do
not guarantee that any information sent from our Website will be secure during
transmission, nor can we guarantee the confidentiality of any communication or
material transmitted to the Website or the Internet, including, for example,
personal information such as your name or address.
Term
and Termination.
We may terminate the Agreement or the Website at any time with or without
cause, and with or without notice. We will have no liability to you or any
third party because of such termination.
Upon
termination or expiration of these Agreement by either party for any reason, we
may delete your archived data within 30 days after the date of termination.
Termination
shall not affect our rights to recover from you losses, damages, indemnity,
defiance costs, expert costs, collection costs and/or attorney’s fees or expert
witnesses’ cost or other costs of any kind under this Agreement.
Reservation
of Rights.
Except for the rights expressly granted to you pursuant to these Agreement, you
acknowledge that you have no right, title or interest in or to this Website,
the Website or Proprietary Rights. All rights not expressly granted by us in
these Agreement are hereby reserved by us. There are no implied rights.
International
Users.
The Website is controlled and operated from within the Lebanon. Without
limiting anything else, we make no representation that the Website, Website
Materials, User Content, services, products, information or other materials
available on, in, or through the Website is appropriate or available for use in
other locations, and access to them from territories where they are illegal is
prohibited. Those who choose to access the Website from other locations do so
on their own volition and are responsible for compliance with applicable laws.
Our waiver or failure of to exercise in any respect any right provided
hereunder shall not be deemed a waiver of such right in the future or a waiver
of any of other rights established under this Agreement.
Governing
Law and Jurisdiction.
This Agreement represents the entire agreement between you and us with respect
to the subject matter hereof, and supersede any and all prior and
contemporaneous written and oral representations, understandings, and
agreements, express and implied, and will be governed by and construed in
accordance with the laws of Lebanon, without reference to its conflict of law
rules. By accessing, viewing, or using the services, works, content, or
materials on the Website, you consent and agree to the exclusive jurisdiction
of the courts located in Lebanon.
Miscellaneous.
Headings used in this Agreement are for reference only and shall not affect the
interpretation of this Agreement.
If
any provision of this Agreement is found to be unenforceable or invalid, that
provision will be limited or eliminated to the minimum extent necessary so that
this Agreement will otherwise remain in full force and effect and enforceable.
You
may not assign the Agreement without our prior written consent, which we may
refuse in our sole discretion. Any attempt by you to assign this Agreement
without our prior written consent will be deemed null and void. We may assign
this Agreement at any time.
No
person or entity not party to this agreement will be deemed to be a third party
beneficiary of this Agreement or any provision hereof.
No
agency, partnership, joint venture or employment is created as a result of this
Agreement, and you do not have any authority of any kind to bind us in any
respect whatsoever.
We
will have no liability to you or any third party for our failure to perform our
obligations under this Agreement in the event that such non-performance arises
as a result of the occurrence of an event beyond our reasonable control,
including without limitation an act of war or terrorism, natural disaster,
failure of electricity supply, riot, civil disorder, or civil commotion or
other event of force majeure.