Terms and Conditions

Welcome to DiamondsinDXB

These are the Terms and Conditions that govern the use of DiamondsinDXB and all its related sites and services. By using DiamondsinDXB Platform (“Platform”), You agree to these Terms and Conditions. If You do not agree with these terms and conditions, please do not access or use the site.

Please note that You should review and agree with Our Privacy Policy as it is an integral part of these Terms and Conditions.

The User agrees and accepts that the use of the Platform and the Services provided by DiamondsinDXB is at the sole liability of the User, and further acknowledges that DiamondsinDXB disclaims all representations and warranties of any kind, whether expressed or implied.

 

Definitions

The following definitions apply to the Terms and Conditions set out below. These Terms and Conditions, along with the Privacy Policy, hereby set out the whole agreement and understanding between DiamondsinDXB and the “User” whether an individual or entity that accesses Our Platform.

“Applicable Laws”: this means the laws of the United Arab Emirates, both Federal Laws of the United Arab Emirates and the Local Laws of the Emirate of Dubai. 

Buyer(s)” shall mean any user that will buy any products displayed on Our Platform.

“DiamondsinDXB”: the Platform owned by D D F BY FARAH HANDBAGS TRADING L.L.C.

“Force Majeure”: mean an act of God, including but not limited to fire, floods, storms, hurricanes, typhoons, volcanic activities, or earthquakes, as well as acts, orders, or requests of a sovereign or a government and /or of anybody purporting to be or to act for such authority, wars, whether declared or not, war-like actions, revolutions, riots , civil insurrections, or civil commotions, as well as strikes, lockouts and/or similar actions in labor disputes, and any other comparable cause beyond the control of a party unless its performance has been expressly guaranteed by expressly waving the exemption of a Force Majeure event.

“We”, “Us”, “Our”, the “Company”, “DiamondsinDXB”, and “Site” shall refer to DiamondsinDXB, its employees, and authorized agents.

“User”, “Users”, “You”, “Your”, shall mean to the Users of the Service.

“Platform”: means DiamondsinDXB platforms whereby its Services shall be used.

“Services”: means DiamondsinDXB’s Services as described by these Terms and Conditions.

“Seller(s)”: shall mean to any independent Seller offering a wide variety of products that are displayed on the Platform.

“Seller products”: means the products listed by the Seller to be purchased by the Users through the Platform.

“Sellers Offer(s)”: means the offers and/or discounts that may be provided by the Sellers

“Social Media Accounts”: @didfinds

“Third-Party Service Providers”: means the independent contractors and the entities that carry out or undertake to carry a particular service or perform any other service within the scope of the provided Services as herein stated.

 

1. Eligibility

1.1. In ensuring that Users are able to form legally binding contracts, eligibility to use the site is not granted to persons under the age of 21 years, or the age of legal majority in Your jurisdiction, whichever is greater.

1.2. If You are registering as a business entity, You represent that You have the authority to bind that entity to Terms and Conditions and that You and the business entity will comply with all  Applicable Laws and terms governing the use of the Platform.

 

2. Accounts and Registration

2.1. Account registration requires You to submit to DiamondsinDXB certain personal information, including but not limited to Your full name, address, email address, mobile phone number, and age. You agree to maintain true and accurate, complete, and up-to-date information in Your Account. You are responsible for all activity that occurs under Your Account, and as such, You agree to always maintain the security of Your Account username and password, unless otherwise permitted by DiamondsinDXB in writing.

2.2. User accounts are not transferable. You agree to reimburse DiamondsinDXB for any improper, unauthorized, or illegal use of Your account by You or by any person obtaining access to the Platform, services, or otherwise by using Your designated username and password, whether You authorized such access or not. 

2.3. If DiamondsinDXB suspects, at its sole discretion, that any of the information You provided is untrue, inaccurate, incomplete, or not current, without prejudice to any other rights and remedies of DiamondsinDXB under these Terms and Conditions or under the Applicable Laws, We have the right to suspend or limit Your access to the Platform and its Services.

2.4. DiamondsinDXB may (in its sole discretion and at any time), make any inquiries it considers necessary (whether directly or through a third party), and request that You respond with further information or documentation, including without limitation to verify Your identity and/or ownership of Your financial instruments. Without limiting the foregoing, if You are a business entity or registered on behalf of a business entity such information or documentation may include Your trade license, other incorporation documents, and/or documentation showing any person's authority to act on Your behalf. You agree to provide any information and/or documentation to DiamondsinDXB upon such requests. You acknowledge and agree that if You do not, DiamondsinDXB without liability may limit, suspend or withdraw Your access to the Platform. We also reserve the right to cancel unconfirmed/unverified accounts or accounts that have been inactive for a long time.

2.5. By completing Your registration, You acknowledge having read, understood, and agreed to be bound by these Terms and Conditions, along with the Privacy Policy, as they may be amended from time to time, which are hereby incorporated and made an integral part hereof. 

 

3. Services

3.1. DiamondsinDXB is an online platform designed to be a one-stop shop for Sellers to display a variety of luxury, high end products and accessories, therefore Our goal is to provide a comprehensive catalog of independent Sellers and their products.

3.2. DiamondsinDXB displays products offered and owned by independent Sellers who have agreed to list these products on the Platform. These Sellers have agreed in writing with DiamondsinDXB to make available products ordered through the Platform. So, DiamondsinDXB only acts as a middle agent between the Sellers and prospective Buyers to facilitate communication between them and to ensure the quality of the Services provided.

 

4. Electronic Communications

4.1. By creating an Account, You agree that You are communicating with us electronically. Therefore, You consent to receive periodic communications from us. DiamondsinDXB will communicate with You via e-mail or may send You information via text messages (SMS), as well as by posting notices on the Platform as part of the normal business operation of Your use of the Services. You acknowledge that opting out of any of the said means of communication may affect Your use of the Services. 

4.2. You agree that all agreements, notices, disclosures, and other communications that we provide to You electronically satisfy any legal requirement that such communications be in writing.

4.3. DiamondsinDXB will request Your agreement during the registration process to send You promotional emails or notifications related to the Platform and its services. If at any time, You decide that You do not wish to receive promotional emails, You can opt out of receiving such promotional emails by clicking on the link at the bottom of any promotional email.

4.4. You will be bound to these Terms and Conditions regardless the way of communication You use to reach Us whether it is through Face-to-Face meeting or Our Social Media Accounts or any other way of communication.

 

5. Copyrights and Trademarks

5.1. All content included on the Platform, including but not limited to text, graphics, DiamondsinDXB’s logos, button icons, images, audio clips, digital downloads, data compilations, photographs, and software, is the property and copyright work of DiamondsinDXB or its licensors and is protected by copyright, trademarks, patents or other intellectual property rights and laws. The compilation of the content on the Platform is the exclusive property and copyright of DiamondsinDXB and is protected by copyright, trademarks, patents, or other intellectual property rights and laws.

5.2. DiamondsinDXB and related logos are the trademarks of DiamondsinDXB. DiamondsinDXB's trademarks may not be used in connection with any product or service that is not DiamondsinDXB's nor in any manner that disparages or discredits DiamondsinDXB. 

 

6. Use of the Platform

6.1. Subject to the User`s compliance with these Terms and Conditions, DiamondsinDXB grants the User a limited, non-exclusive, non-sublicensable, revocable, non-transferrable license to:

6.2. access and use the Services solely in connection with the provision of the Services;

6.3. access and use any content, information, and related materials that may be made available through the Services; and

6.4. Any rights not expressly granted herein are reserved by DiamondsinDXB and may be revoked at any time without notice to the customer.

6.5. The User shall not use any trademark or any intellectual property rights belonging to DiamondsinDXB from any portion of the Services, and shall not reproduce, modify, prepare, publicly, perform, transmit, stream, broadcast, or otherwise exploit the Services except as expressly permitted by DiamondsinDXB in writing, and shall not decompile, reverse engineer or disassemble the Services, and shall not link to mirror or frame any portion of the Services or launch any programs or scripts for the purpose of scraping, indexing, surveying or otherwise data mining any portion of the Services, or unduly burdening, or hindering the operation and/or functionality of any aspect of the Services or attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks.

6.6. The User may not post in the product review section for the listed products, or anywhere else on the site (as determined at Our sole discretion): solicitation, advertising, foul language, profanities, obscenities, culturally offensive material, religiously offensive material, critical political content, material that may threaten the public interest or national security, defamatory or libelous harassment, or other content that may be offensive or indecent.

 

7. Product Listings and Availability

7.1. The terms agreed to with Our various Sellers require them to ensure that the products offered are authentic, genuine, and free from defects. We make every effort to ensure that the products You receive through Us are indeed genuine and authentic unless stated otherwise.

7.2. The information contained in the Platform is for general information purposes only. The information provided by DiamondsinDXB while we endeavor to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the Platform or the information, Services, or related graphics contained on the Platform for any purpose. Any reliance You place on such information is therefore strictly at Your own risk.

7.3. DiamondsinDXB will always try to offer You the best customer experience and an exceptional level of service. DiamondsinDXB is making every effort to ensure that the Sellers Products are available. However, DiamondsinDXB shall have no responsibility if any of the Sellers Products that in the Platform are not available. If a product You ordered is not available, we will inform You as quickly as possible and offer You the opportunity to choose alternatives or refund the amount of such product(s) that were not available.

 

8. Product Warranties

Products sold through this Platform are serviced and supported exclusively by their manufacturers or local agents and by the Sellers in accordance with the terms and conditions associated with each product. DiamondsinDXB does not provide any warranty of any kind for the products sold on the Platform.

 

9. Payments

 9.1. DiamondsinDXB provides different payment methods on the Platform, which include among others, the following:

 9.1.1.   Cash on delivery (Only applicable in Dubai);

 9.1.2. Online payment through credit cards;

 9.1.3.   Credit card machine on delivery;

 9.1.4   Wire Transfer to DiamondsinDXB designated Bank Account; 

 9.2. Please note that Cash on delivery payment in any form will be limited to a certain amount;

 9.3. In case of Cash on delivery, the User shall pay to DiamondsinDXB representative for the products in full before they are unloaded from the delivery vehicle.

 9.4. DiamondsinDXB reserve the right to alter, change, modify, or provide any payment methods.

 9.5. DiamondsinDXB provides online payment services through Third-Party Providers. DiamondsinDXB shall not store any data related to credit cards. DiamondsinDXB shall have no responsibility to any error, damage, or any matter similar that may arise to the User as a result of using the online payment, such shall be the responsibility of the Third-Party Provider.

 9.6. The User shall ensure sufficient coverage of the respective account that covers the orders and shall abide by the credit card transaction limits.

 9.7. DiamondsinDXB may (in its sole discretion and at any time), make any inquiries it considers necessary (whether directly or through a third party), and request that You provide it with further information or documentation, including without limitation to verify Your identity and/or ownership of Your financial instruments. You agree to provide any information and/or documentation to DiamondsinDXB upon such requests. You acknowledge and agree that if You do not, DiamondsinDXB without liability may cancel the transaction, limit, suspend or withdraw Your access to the Platform and/or Your membership in the Platform.

 9.8. Without any responsibility on DiamondsinDXB, if the Sellers Products prices, which are displayed on the Platform, do not correspond to the actual price that is in the final receipt, in such case, the User will be notified with such, and the User shall have the right to pay the actual price or cancel the order.

 9.9. Sellers shall pay additional refundable fees in advance in order to run authentication check (“Authentication Check Fees”) on the relevant products.

 9.10. Sellers shall not have the right to refund the Authentication Check Fees in case such products are not authentic or upon the expiry of the agreed consignment period stated in the consignment agreement. 

 9.11. Sellers shall pay the shipping fees, if needed for the authentication check.

 9.12. In case the seller wants to take the products back after signing the consignment agreements, Seller shall pay the Shipping fees.

 

10. Third Party Services

The Services may be made available or accessed through Third-Party Service Providers and content (including advertising) that DiamondsinDXB does not control. You acknowledge that different terms of use and privacy policies may apply to You for use of such third-party services and content. DiamondsinDXB does not endorse such third-party services and content and in no event shall DiamondsinDXB be responsible or liable for any services of these Third-Party Service Providers.

 

11. Returns, Exchanges, and Refunds Policy

11.1. The Applicable Laws shall be applied in relation to any exchange or return of Sellers Products ordered by the User through the Platform. Moreover, the terms of exchange and return of the Sellers shall prevail over those of DiamondsinDXB as long as they comply with the Applicable Laws.

11.2. Buyer shall pay 15% of the product price in advance as a deposit (“Deposit”) and shall have the right to refund the Deposit within two weeks from the invoice date. Upon expiry of the said two-week period, the Buyer shall not be entitled to such refund.

 

12. Privacy and Confidentiality

User(s) shall not disclose any information received under the contract of service with DiamondsinDXB to any third party. Access to any information which pertains to the business of DiamondsinDXB shall be kept confidential to the extent it might adversely impact DiamondsinDXB`s business. User(s) shall be liable to indemnify DiamondsinDXB against any loss of business or reputation due to the act of the User(s).

 

13. Disclaimer

13.1. The services are provided “As Is” and “As Available.” Diamondsindxb disclaims all representations and warranties, express, implied or statutory, not expressly set out in these terms, including the implied warranties of sellers ability, fitness for a particular purpose, and non-infringement, in addition, Diamondsindxb makes no representation, warranty, or guarantee regarding the reliability, timeliness, quality, suitability or availability of the services or any services requested through the use of the services, or that the services will be uninterrupted or error-free. Diamondsindxb does not guarantee the quality, suitability or ability of the sellers. You agree that the entire risk arising from the use of services remains solely with you, to the maximum extent permitted under applicable law.

13.2. The information contained in the platform is for general information purposes only. The information provided by Diamondsindxb while we endeavor to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the platform or the information, services, or related graphics contained on the platform for any purpose. Any reliance You place on such information is therefore strictly at your own risk.

13.3. All accounts registered with Diamondsindxb are continuously tracked for security purposes and performance reasons. It is expressly made clear to You hereby that Diamondsindxb does not own any account of any kind.

 

14. Limitations of Liability

14.1. DiamondsinDXB is only a technology platform and shall not be held liable for any failure related to the Sellers’ Products.

14.2. DiamondsinDXB shall not be held liable in any case or for any matter related to the Sellers and/or the Sellers Products and/ or the brand of such products and their authenticity. However, DiamondsinDXB will use its best endeavors to ensure the authenticity of such products.

14.3. DiamondsinDXB is a mediator that connects Buyers and Sellers in relation to the purchase and delivery process.

14.4. The Sellers and the Third-Party Service Providers are independent Services providers under contract with DiamondsinDXB and are not employees, representatives, and/or agents of DiamondsinDXB. DiamondsinDXB does not perform the task itself, but rather manages the execution of said task through its platform by providing a connection for the User with the Sellers. Sellers shall be responsible for the Sellers Product quality, efficiency, originality, availability, and legality. Any breach of said shall result in the termination of the Sellers from DiamondsinDXB platform and shall be replaced to fulfill any open requests with reference to the User regarding such.

14.5. Buyers and the Sellers agree that DiamondsinDXB shall not participate in disputes between both parties in any case. Whereas, by using the said Services the Buyers acknowledge the potential risks or mistakes of the Sellers or the Third-Party Service Providers. Accordingly, the use of the Services is at the Buyers’ risk and judgment, and DiamondsinDXB shall have no liability arising from or in any way related to the Buyers’ transactions or relationship with the Sellers or the Third-Party Service Providers.

14.6. DiamondsinDXB shall be entitled to disclose any User information it may possess to affiliated corporate entities within its group of companies, or if required by law, or if requested or directed to do so by any official government body. DiamondsinDXB will do so at its sole discretion or as We may determine to be suitable or in Our best interest to do so.

14.7. DiamondsinDXB shall be entitled to add to, vary or amend any or all of these Terms and Conditions at any time without notice. The User shall be bound by any additions, variations, or amendments once incorporated into these Terms and Conditions on DiamondsinDXB’s Platform.

14.8. DiamondsinDXB shall not be liable to You for indirect, incidental, special, exemplary, punitive, or consequential damages, lost data, or damages that may arise, even if DiamondsinDXB has been advised of the possibility of such damages. DiamondsinDXB shall not be liable for any damages, liability or losses incurred by You arising out of Your use of or reliance on the Services or Your inability to access or use the Services or any transaction or relationship between You and any the Sellers or the Third-Party Service Providers, even if DiamondsinDXB has been advised of the possibility of such damages. DiamondsinDXB shall not be liable for delay or failure in performance resulting from causes beyond DiamondsinDXB`s reasonable control, and We shall not be liable in the event that the Sellers or Third-Party Service Providers may not be professionally licensed or permitted.

14.9. DiamondsinDXB shall not be liable to You in case of the product is damaged or stolen during the Shipping.

14.10. DiamondsinDXB shall not be liable in case You reject the product due to customs and duties charges after shipping and You shall not be entitled to refund your payment in such case.

14.11. These limitations do not purport to limit liability that cannot be excluded under the  Applicable Laws.

 

15. Indemnification

You agree to indemnify and hold DiamondsinDXB, its affiliates, sponsors, partners, directors, officers, and employees harmless from and against, and to reimburse DiamondsinDXB with respect to, any and all losses, damages, liabilities, claims, judgments, settlements, fines, costs and expenses (including reasonable related expenses, legal fees, costs of investigation) arising out of or relating to Your breach of these Terms and Conditions, along with Our Privacy Policy or use by You or any third party of the Services.

 

16. Force Majeure

DiamondsinDXB shall not be liable for any delay, interruption, damage to the products in our possession or failure in the provisioning of Services if caused by any act of Force Majeure, or other similar events beyond Our control that may prevent or delay service provisioning.

 

17. Governing Laws

17.1. The rights and obligations of the parties pursuant to these Terms and Conditions are governed by and shall be construed in accordance with the Applicable Laws.

17.2. You hereby irrevocably submit to the exclusive jurisdiction of the Courts of the United Arab Emirates for any dispute arising under or relating to these Terms and Conditions and waive Your right to institute legal proceedings in any other jurisdiction. We shall be entitled to institute legal proceedings in connection with any matter arising under these Terms and Conditions in any jurisdiction where You reside, do business, or have assets.

 

18. Unenforceable Provisions

If any part of these Terms and Conditions is found to be invalid or unenforceable under applicable law, such part will be ineffective to the extent of such invalid or unenforceable part only, without affecting the remaining parts of the Terms and Conditions in any way.

 

19. Dispute Resolution

The Competent Courts of the Emirate of Dubai shall have the exclusive jurisdiction for resolving any disputes arising between the Sellers and DiamondsinDXB and/or between the Buyers and  DiamondsinDXB.

 

20. Entire Agreement

This Agreement along with DiamondsinDXB’s Privacy Policy, as may be updated from time to time and posted at October 15, 2022, constitutes the complete agreement and understanding between us with respect to the Service and supersedes any other form of Agreement.