READ TERMS OF WEBSITE USES
WEBSITE TERMS AND CONDITIONS
CARA JEWELLERS FZCO (collectively “Cara Jewellers”, “we”, “us”, “our”) is based in Dubai, United Arab Emirates which owns and operates the Internet website at www.carajewellers.com (the “Website”).
Cara Jewellers FZCO has its registered offices at 2008, Building2, Gold and Diamond Park Dubai PO Box 117973, United Arab Emirates (Cara Jewellers and “we”, “us” and “our”). Our VAT number is .
By accessing and using the Website, you are expressly consenting to the terms and conditions outlined on this page that are effective as of the date and time you use or access the Website (the “Terms”). Please read the Terms carefully before accessing or using the information and services available through this Website. The Conditions of Sale apply to any sales of Cara Jewellers products or services that you may order using the website www.Cara Jewellers.ae and any associated mobile or digital applications that refer to these Conditions of Sale (together, the “Platforms”) or by telephone via our client relations center (the “Client Relations Center”).
These Conditions of Sale are applicable to any order placed through the Platforms or Client Relations Center (together the “Sales Channels”). Please note that before placing an order for products or services, you will be asked to agree to these Conditions of Sale. If you do not agree to these Conditions of Sale, then you will not be able to order any products or services through the Sales Channels. Sales concluded through physical points of sale (such as our retail boutiques) or third parties (such as authorized retailers) are not subject to these Conditions of Sale.
These Terms will constitute a legal agreement between “you” (the user of this Website) and Cara Jewellers. If you do not agree to, or cannot comply with, the Terms, please kindly refrain from using this Website.
These Terms may be modified from time to time without notice to you and you should therefore regularly review these Terms for any such modifications. If you do not agree to any change to the Terms then you must immediately stop using the Website.
1.5. Cara Jewellers reserves the right, in its discretion, to change or modify all or any part of these Terms at any time, effective immediately upon notice published on the Website. If at any time the Terms are no longer acceptable to you, you should immediately cease use of the Website.
2.1. To use some of the services or features on the Website you will need to register. When you register you are required to provide information about yourself that is true, accurate, current, and complete in all respects. Should any of your registration information change, please notify us immediately at the following e-mail address firstname.lastname@example.org. We may also change registration requirements from time to time.
2.2. The account password you provide should be unique and kept secure, and you must notify us immediately of any breach of security or unauthorized use of your account. Although we will not be liable for your losses caused by any unauthorized use of your account, you may be liable for our losses or others due to such unauthorized use.
3. PURCHASING ELIGIBILITY
3.1. Only individuals (and not legal entities) who (a) have reached the age of legal majority required to enter into contracts; (b) have legal capacity to enter into contracts; and (c) use a shipping address in the country or countries that we ship to as specified by the Sales Channels, may order products through the Sales Channels. If you are under the age of legal majority or otherwise cannot lawfully enter into a contract, you must have your parent or guardian place an order on your behalf and they will be asked to agree to these Conditions of Sale.
3.2. By placing an order through the Sales Channels, you represent and warrant that you are a bona fide end-user customer purchasing for your own or another’s personal use and will not deliver, sell or otherwise distribute our products or purchase our products or services for commercial purposes.
3.3. In order to make purchases on the Website you will be required to provide your personal details. In particular, you must provide your real name, phone number, e-mail address and other requested information as indicated. Furthermore, you will be required to provide payment details that you represent and warrant are both valid and correct and you confirm that you are the person referred to in the billing information provided.
4. PERSONALIZED SERVICES
5.1. Personalization services (for example engraving or embossing) or other services may be available on a selection of products. If you wish to have your product personalized, please provide the details in the Sales Channels as requested.
5.2. We reserve the right to withhold or refuse acceptance of any order for personalized products, or with a message card, that contains language that is objectionable, unlawful or contrary to our policies. You are responsible for ensuring that any wording you provide for personalizing products is correct.
5.3. In addition, orders for personalized products cannot be cancelled and such products that have been personalized in any way or otherwise made to your bespoke specifications cannot be returned to us for exchange or refund as described in these Conditions of Sale. This does not affect your consumer rights (please see the Manufacturer’s guarantee and your legal consumer rights section for further information).
5. DIAMOND CERTIFICATES
When you order a loose diamond, we ship it to you with the accompanying diamond grading report (also called a diamond certificate). These grading reports are detailed documents created by diamond grading experts at one of two highly-respected diamond laboratories – making it very expensive to replace a diamond grading report. Because of this, we require each diamond grading report to be included with each returned diamond. If you do not include the diamond grading report with your return, you will be charged a replacement fee of US$150 (or equivalent amount in other currencies)
6. ORDER PROCESS
6.1. The order process of the Platforms will include the following:
• Add to Shopping Bag: Once you have chosen a product, you may place this product in your shopping bag. You may then decide to continue shopping for other products and add them to your shopping bag (subject to availability and quantity limits). Placing an item in your shopping bag does not guarantee availability for purchase, which is not confirmed until you receive a written Confirmation of Order & Shipment.
• Guest/My Account Checkout: When you are ready, you then proceed to “Checkout”, either as a guest or through your registered account. You may also remove one or several products you have selected from the shopping bag as part of the checkout process.
• Delivery, Review and Payment: As part of the checkout process, you add and review your order details and personal information (including e-mail, shipping address, billing address and payment information). You should carefully check and confirm all details on the order summary page before placing your order.
• Placing of Order: You then check the relevant box and place your order.
In the case of an order being placed through the Cara Customer Care Department, the order process will include the following:
• Shopping for Product: A Cara Jewellers Cara Sales Expert will verbally walk you through selecting your product/s and confirming its availability and quantity limits.
• Placing and Confirming Order: When you are ready, the Cara Jewellers Cara Sales Expert will proceed to placing your order and adding your personal information (including name, e-mail, phone number and shipping address), and reviewing the details with you. Placing an order does not guarantee availability for purchase, which is not confirmed until the payment is made and you receive a written Confirmation of Order & Shipment.
• Payment, Review and Delivery: Once the order is placed, you will receive an email and an order reference number along with your order details, including:
o Products ordered with description
o Price inclusive of VAT
o (Any) Shipping Costs
o Total value of your order
o Link to a secure payment gateway to complete the payment
This email is not an acceptance of your order, just a confirmation that we have received your order. Please make sure that you save the order reference number for any future enquiries regarding your order. To confirm the order, we will conduct its usual credit, anti-fraud, security and related legal checks and, if acceptable, will then process your order.
6.2. You should review all details carefully before completing the payment. Completing the payment means that you confirm this purchase and we will proceed with preparing your order for delivery. If you have any questions or concerns or if the Acknowledgement of Order does not reflect your intentions, you should contact the Cara Customer Care Department promptly.
6.3. Acceptance of the order and completion of the contract between you and Cara Jewellers will be perfected when we dispatch the products to you at which time you will receive a second email containing you tracking number and confirming that your order has been dispatched. This Confirmation of Order & Shipment constitutes our acceptance of your order and indicates the existence of a binding sales contract. Neither our third-party payment processor nor our nominated courier has the authority to accept an order on behalf of Cara Jewellers.
6.4. We reserve the right not to accept or fulfil your order in the event, that we are unable to obtain authorization for payment, that shipping restrictions apply to a particular product, that the product ordered is out of stock or does not satisfy our quality control standards and is withdrawn, or that you do not meet the eligibility criteria set-out within these Terms. Furthermore, we may refuse to process your order for any reason or refuse service to anyone at any time at our sole discretion. We will not be liable to you or any third-party in this respect.
7.1. All prices shown on the product pages of the Platforms or quoted by the Cara Sales Experts exclude shipping costs and other taxes unless otherwise stated.
7.2. You should review all details carefully before completing the payment. Completing the payment means that you confirm this purchase and we will proceed with preparing your order for delivery.
7.3. The applicable currency will be updated based on the shipping destination after you provide us with the delivery address and will be shown in your shopping bag before you place your order. You should check updated prices and currency carefully.
7.4. Sales, use or other taxes will vary based on the location to which products are being shipped.
7.5. Shipping costs, if any, are described in the We only accept orders for delivery to the country or countries that are identified during the Order Process. Please note that we do not ship to certain addresses, such as military, certain restricted areas, pick-up points, or PO boxes. For further information, please contact the Cara Customer Care Department.
Boutique pick-up may be offered, free of charge, to certain locations. Please refer to the Platforms or call the Cara Customer Care Department for more information. We will inform you by e-mail or by telephone when the product is ready for pick-up at the boutique.
If you order several products, we will ship the order only once all products are available (there will be no partial shipments, unless otherwise communicated to you).
below or on the Sales Channels. Shipping costs are not stated on the product pages but will be added to the product price after you have chosen your delivery options. These costs will be summarised before you are asked to confirm and place your order and will also be reflected in our email correspondence with you once you have chosen your delivery options.
7.6. We reserve the right to modify prices and delivery costs at any time without prior notice.
7.7. We take reasonable care that the prices of products and delivery costs are correct at the time when the relevant information was entered into the system or communicated to you by the Cara Sales Experts. However, it is always possible that, despite our reasonable efforts, some of the products offered through our Sales Channels or delivery costs may be incorrectly priced. If any of the products you place an order for or any delivery costs are incorrectly priced, we will contact you as soon as possible to inform you of this error. If we are unable to contact you using the contact details you have provided during the order process, we will cancel the order and notify you in writing. If we mistakenly accept and process your order where a pricing or delivery cost error occurs, we may cancel supply of the product and refund you any sums you have paid. If the order has been shipped, you agree to either return the product or pay the difference between the actual and charged prices.
7.8. Please note that changes to applicable law between the date your order is placed and the date you are sent a written Confirmation of Order & Shipment may result in changes to the taxes associated with your order. If the resulting change is an increase in the taxes that you are charged, we will contact you and ask that you reconfirm your order.
7.9. Our prices are also subject to change without notice. We apologize for any inconvenience that this may cause. If you have any questions, please do not hesitate to contact one of our diamond and jewellery experts at email@example.com or +971 4 347 8089.
7.10. We are happy to negotiate prices on our products
To keep our prices low, we do not allow comparison purchasing. Comparison purchasing is the act of buying several items with the intent of keeping the one you like best and returning the remainder. This causes undue restocking and inventory overhead and can be very costly. To confirm the quality of a jewellery item, please contact one of our diamond and jewellery experts at firstname.lastname@example.org or +971 4 347 8089, and we would be happy to help you make your choice.
8.1. Payment can be made by Visa, MasterCard and any other methods which may be clearly advertised on the Website from time to time. Depending upon the means of payment, we may require additional information, including specific forms of identification.
You expressly authorize us to perform security checks, where we deem necessary, to transmit or to obtain information (including any updated information) about you to or from third parties from time to time, including but not limited to your payment card details, to authenticate your identity, to validate your payment card, to obtain an initial payment card authorization and to authorize individual purchase transactions.
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 confirm that the credit/debit card that is being used is yours. All credit/debit card holders are subject to validation checks and authorization by the card issuer.
If the issuer of your payment card refuses to authorize payment to us, you will need to contact your card issuer directly to solve this problem. If the issuer of your credit/debit card refuses to authorize payment, we will not be liable for any delay or non-delivery.
When ordering on the Platforms, you will need to enter your payment details on the appropriate form. In the case of an order placed by telephone, you will need to communicate to the Cara Sales Expert your complete payment details or follow the steps as advised by the Cara Customer Care Department.
We may accept bank wire transfer for orders at our sole discretion. We do not charge a fee for bank wire transfers for orders made through the Sales Channels or Customer Care Department, however, some financial institutions may charge a fee for using a bank wire transfer. We require that all bank wire transfer orders placed by telephone be confirmed through an order approval process. We may acknowledge a bank wire transfer order, but the order will not be processed until the payment has been received and confirmed by us by e-mail. If your wire transfer payment is not credited into our bank account within seven (7) days after you have placed your order, your order will be cancelled.
8.3. We take reasonable care to make our Website secure. All credit/debit card transactions on the Website are processed using a third-party platform: Network’s secure online payment gateway that encrypts your card details in a secure host environment. To help ensure that your shopping experience is safe, simple and secure our Website uses Secure Socket Layer (SSL) certificate.
8.4. Furthermore, we take reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held 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.
9. SHIPPING POLICY
We only accept orders for delivery to the country or countries that are identified during the Order Process. Please note that we do not ship to certain addresses, such as military, certain restricted areas, pick-up points, or PO boxes. For further information, please contact the Cara Customer Care Department.
Boutique pick-up may be offered, free of charge, to certain locations. Please refer to the Platforms or call the Cara Customer Care Department for more information. We will inform you by e-mail or by telephone when the product is ready for pick-up at the boutique.
If you order several products, we will ship the order only once all products are available (there will be no partial shipments, unless otherwise communicated to you).
10.1. We offer free shipping worldwide except certain countries (Oceania, Norfolk Island, Pitcairn Island, Tokelau, Wake Island, Kosovo, North Macedonia, Iran Myanmar, North Korea, Tajikistan, Timor-Leste, Cliperton Island, Navassa Island, Saint Pierre and Miquelon, Falkland Islands, Georgia, South Georgia, South Sandwich Islands, Cabo Verde, Central African Republic, Comoros, Bissau, Sao Tome and Principe, Sierra leone, Somalia, South Sudan.
10.2. We will use reasonable efforts to ensure delivery by the carrier within the estimated delivery lead time from the date of our written Confirmation of Order & Shipment and in any event within thirty (30) days after that date, except if your purchase relates to a product or service that we have explained to you will take additional time to deliver, for example in the case of products or services that we personalize or produce to your specifications.
10.3. If delivery of products is delayed by an event outside our control, we will inform you as soon as possible and will use reasonable efforts to minimise the effect of the delay. If we do not deliver within thirty (30) days from the date of the written Confirmation of Order & Shipment or any other time limit as indicated by us, you may contact the Cara Customer Care Department to cancel the relevant order and get a refund of any sums you pre-paid us for any products which you have not received.
10.4. In any event, your sole remedy for any failure by us to deliver the order to you shall be your right to cancel the relevant order and receive a refund of sums you pre-paid us for any products which you have not received.
10.5. When estimating your delivery time, please allow time for credit approval, address verification, security checks and order processing. Please note that delivery is always subject to receiving your full payment.
10.6. 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 (for example as a gift) then you accept that evidence of a signature by them (or at that delivery address) is evidence of delivery and fulfilment by Cara Jewellers, and transfer of responsibility in the same way. The products are your responsibility from the time we deliver them to the address you gave us.
When ordering products via the Sales Channels, you will receive an invoice that will be sent to you in writing (to your e-mail address as a PDF attachment or otherwise).
12. RETURNS AND EXCHANGES
Our return policies are as follows:
Exchange or upgrade the jewellery item purchased. Customer can exchange the same within 30 days on presentation of Original Purchase Invoice and paying the differential amount, if any.
Gold jewellery can be exchanged either for gold jewellery or diamond jewellery. Diamond jewellery can be exchanged for diamond jewellery.
Damaged/soiled jewellery, customized jewellery and jewellery without Original Purchase Invoice may not be accepted for exchange.
Used jewellery item can be exchanged subject to quality confirmation by Cara Jewellers. Cara Jewellers reserves right to calculate the exchange value of the jewellery depending upon the evaluation and prevailing market value after deduction of manufacturing costs.
The risk of loss or damage to jewellery/diamond passes to customer upon delivery of jewellery/diamond item. Ownership in all goods remains with Cara Jewellers until full payment of all amounts due have been received. Customer will be responsible for safe custody and insurance of jewellery in his/her possession.
Quality certificate is based on the internal quality appraisal by Cara Jewellers
Only applicable to Cara products with Original Invoice or Proof of Purchase (Conditions apply to all)
Can be exchanged either for Gold or Diamond Jewellery, or for a Gift Voucher equal to the invoiced amount of the jewellery item.
Can be exchanged for Diamond jewellery or a Gift Voucher equal to the invoiced amount of the jewellery item
AFTER 30 DAYS AND WITHIN 1 YEAR OF PURCHASE
Can be exchanged either for Gold or Diamond Jewellery or for a Gift Voucher. Exchange value will be calculated at the prevailing price of Gold, and after the deduction of manufacturing costs and stone weight.
Can be upgraded to new Diamond Jewellery after deduction or remodeling costs, and without exceeding 25% * of the invoiced amount. The value of the new Diamond jewellery selected should exceed the amount offered for the old jewellery.
AFTER 1 YEAR OF PURCHASE:
Can be exchanged either for Gold or Diamond Jewellery or for a Gift Voucher. Exchange Value will be calculated at the prevailing price of Gold minus 1% * and after deduction of manufacturing costs and stone weight.
Can be upgraded to new Diamond jewellery and will be valued for upgrade according to market value of the material content. The value of the new Diamond Jewellery selected should exceed the amount offered for the old Jewellery.
Jewellery for exchange within 30 days must be in original purchase condition and display no evidence of usage
Jewellery can be exchanged only once within the 30 day time period from the original date of purchase
Exchange or upgrade of jewellery is permitted only upon presentation of the original Cara purchase Invoice or a proof of purchase
Verification and valuation of jewellery for upgrade, exchange or refund might take up to 4 weeks*
Gold jewellery can be exchanged either for gold or Diamond jewellery
Diamond Jewellery can be upgraded to diamond jewellery only
A refund is applicable within the 7 days if a manufacturing defect is evident and can’t be repaired or replaced*
Any charges incurred by Cara in the transaction including, credit card charges, will be deductible in the approved refund cases
MANUFACTURER’S GUARANTEE AND YOUR LEGAL CONSUMER RIGHTS
We are committed to ensuring that each product strictly complies with our quality criteria and that it has passed all our controls, both technical and aesthetic.
In your capacity as consumer, you may have legal rights under the applicable law of governing the sale of consumer goods; those legal rights are not affected by these Conditions of Sale or the applicable Cara Jewellers Guarantee.
Gift Wrap and Packaging
All orders will be shipped with the Cara Jewellers box gift wrapped in Cara Jewellers special packaging, together with a Cara Jewellers shopping bag (where applicable).
Engravings / Embossing
Engraving and embossing may be available on specific products and offered through sales transactions completed through the Sales Channels. If you wish to have your Cara Jewellers product engraved or embossed, please provide the details to the Cara Customer Care Department.
Orders for personalized Cara Jewellers products cannot be cancelled and personalized. Cara Jewellers products cannot be returned to Cara Jewellers for exchange or refund.
13.6. Gift Note
You may personalize your order by adding a personalized note that will be printed by Cara Jewellers on a gift card to be included in your order package. Cara Jewellers reserves the right to reject gift card notes it deems offensive or inappropriate to be sent on Cara Jewellers logo stationery.
For any repair inquiries relating to a product ordered through the Sales Channels, please contact Cara Customer Care Department, who will explain to you the process and will send you a Shipping Kit with the necessary material for you to send us your product for Service.
Once you have received the Shipping Kit, comprising a Service Request Form, a product box, an outer box/envelope, pre-printed return label with our address and a pre-paid label as applicable (collectively the “Shipping Kit”), please:
Include the duly completed and signed Service Request Form, the Cara Jewellers product and all its accessories in the product box, and the International Guarantee or a valid proof of purchase/ service, as applicable, and all other documents in the outer box/envelope,
Seal the outer box/envelope and affix the pre-printed return label or the pre-paid label, as applicable, and
Send back the outer box/envelope to the address of the Cara Jewellers Service Center indicated on either label.
For security reasons, the Shipping Kit boxes will be unbranded.
You must keep a proof of shipment. Only products received by the Cara Jewellers Service Center will be eligible for the Service, in accordance with these Conditions of Service.
Once the Service has been performed by Cara Jewellers in accordance with the Cost Estimate that you validated, and after receipt of your payment in full, Cara Jewellers will then send the repaired jewellery (together with your guarantee card if any) back to the shipping address you indicated on the Service Request Form.
Please note that you can only change the shipping address to where the repaired product will be returned before placing your Service Order, but not afterwards.
We only accept Service Orders for delivery to the United Arab Emirates. Please note that we do not ship to certain addresses, such as military, certain restricted areas (such as hotels) or PO boxes. For further information, please contact the Cara Customer Care Department.
We try to ensure that the information, including product descriptions, dimensions, and colours, provided on the Platforms, in advertisements or catalogues or as provided by the Cara Customer Care Department is accurate and complete. However, we make no guarantees, whether express or implied, in relation to the accuracy, reliability and completeness of such information. In particular, any description and information concerning the weight of precious materials and the number of stones and carats are provided as an indication only and may vary slightly.
LIMITATION OF LIABILITY
To the fullest extent permitted by applicable law, we disclaim and exclude all other terms, conditions and warranties in relation to the products and Sales Channels whether express or implied by statute or otherwise or arising from any previous course of dealing or usage or trade practice.
Nothing in these Conditions of Sale limits or excludes our liability for any liability which cannot be limited or excluded by applicable law. Subject to the preceding sentence, our aggregate liability to you under these Conditions of Sale for any order whether in contract, tort (including negligence) or otherwise, even if we have been advised of the possibility of such damages shall in no event exceed the one hundred percent (100%) of the price of the product(s) in your order.
Please note that in some jurisdictions consumer protection laws may not allow certain exclusions or limitation of warranties or liabilities, and consequently some of the above exclusions and limitations may not apply.
17.1. If any provision, or part of a provision, of these Conditions of Sale is found to be illegal, invalid or unenforceable, that provision or part-provision shall be deemed not to form part of these Conditions of Sale, and the legality, validity or enforceability of the remainder of the provisions of these Conditions of Sale shall not be affected, unless otherwise required by operation of applicable law.
17.2. These Conditions of Sale (and associated terms incorporated by reference) constitute the entire agreement between you and us in relation to the order of products or services, and replace and extinguish all prior agreements, draft agreements, arrangements, undertakings, or collateral contracts of any nature made by the parties, whether oral or written, in relation to such subject matter.
17.3. We are not responsible for any failure or delay in performing or complying with our obligations under these Conditions of Sale which arises from any cause beyond our reasonable control.
17.4. The waiver by us of a breach of any provision of these Conditions of Sale will not operate to be interpreted as a waiver of any other or subsequent breach.
17.5. This contract is between us and you. No other person shall have any rights to enforce any of its terms. However, if you purchase a product as a gift, the recipient of your gift will have the benefit of the applicable Cara Jewellers Guarantee.
INFORMATION ON OUR SITE
At Cara Jewellers, we make every attempt to ensure that our online catalogue is as accurate and complete as possible. In order to give you the opportunity to view our products in great detail, some products may appear larger or smaller than their actual size in our photographs; and since every computer monitor is set differently, colour and size may vary slightly.
Our objective is to provide you with as much information and detail about your prospective purchase as possible so that you can see the beauty and shape of a particular item. On the Site, we provide the measurement of our products based on our manufacturing specifications. Slight tolerances may be accounted for based on finishing during the manufacturing. For diamond jewellery set with multiple diamonds, we provide the minimum total carat weight for the piece. Colour and clarity grades are expressed as an average depending on the number of diamonds wherein the quality is equal to or exceeds the grade stated.
POLICY ON ETHICAL SOURCING
At Cara Jewellers, we only purchase diamonds through the largest and most respected suppliers who, like us, proudly adhere to and enforce the standards established by the Kimberley Process, an international system that polices the trade of diamonds to ensure they are from sources free of conflict
USE OF WEBSITE CONTENT
20.1. All information, text, materials, graphics, products, product names, images, designs, tag lines, logos, button icons, images, video and audio clips, trademarks, trade names, service names (whether registered or not), advertisements, layout, arrangement, graphical user interface, look and feel, and control features of the Website (collectively, “Website Content”) is provided to you as a service to allow you and other users to browse our products and services.
20.2. You are only permitted to access and use this Website for your personal, non-commercial purposes, and you must not:
(a) modify, publish, transmit, transfer, sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the Website Content, in whole or in part, except as otherwise expressly permitted in these Terms;
(b) use this Website in violation of any applicable law or regulation;
(c) use this Website to transmit, distribute, store or destroy material, including without limitation Website Content, in a manner that will infringe the copyright, trade mark, trade secret or other intellectual property rights of Cara Jewellers or others or violate the privacy, publicity or other personal rights of others;
(d) sell, modify or delete the Website Content or reproduce, display, publicly perform, distribute or otherwise use the Website Content in any way for any public or commercial purpose;
(e) access data not intended for you or logging into a server or account which you are not authorised to access;
(f) attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
(g) copy or adapt the HMTL code created to generate any Website Content or the pages making up the Website;
(h) use the Website Content impersonate or otherwise misrepresent your identity or affiliation with Cara Jewellers or any other person or entity;
(i) use the Website Content to send unsolicited mail or email, make unsolicited phone calls or send unsolicited faxes regarding promotions and/or advertise of products or services;
(j) use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any activity being conducted on the Website, 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;
(k) attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the Website; or
(l) frame or link to any Website Content or information available from the Website.
20.3. You shall not copy, store, redistribute or publish any Website Content without the express permission of Cara Jewellers.
21. INTELLECTUAL PROPERTY
Except as otherwise expressly stated, Cara Jewellers owns or is an approved licensee to the copyright and all other Intellectual Property contained in the Website and the Website Content, including but not limited to the “look and feel” of the Website, all HTML and other code contained in the Website, all text images or links, all product names and images, trade names, service names, tag lines, or logotype distinguished in form, text, or otherwise from surrounding text (e.g. all capital letters), (collectively, “Marks”) are trademarks owned by or licensed to Cara Jewellers unless otherwise noted. The Marks on the Website are variously protected by the laws of the United Arab Emirates and other countries. No use of any of these Marks may be made without the prior, written authorization of Cara Jewellers. Any reproduction or redistribution of the Marks is prohibited and may result in civil and criminal penalties. Violators will be prosecuted to the fullest extent permissible under applicable law. Without limiting the foregoing, copying and use of the Marks to any other server, location or support for publication, reproduction or distribution is expressly prohibited.
“Intellectual Property” means all trademarks, patents, inventions (whether patentable or not), copyrights, moral rights, product designs, design rights, trade names, business names, service marks, logos, service names, trade secrets, domain names, database rights and any other intellectual property or proprietary rights (whether registered or unregistered) including rights in computer software and all registrations and applications to register any of the aforesaid items.
22. EXTERNAL LINKS AND PROMOTIONS
22.1. The Website may contain links to other websites on the Internet that are owned and operated by third parties (the “External Sites”). These links are provided solely as a convenience to you and not as an endorsement by Cara Jewellers of the contents on such External Sites. You acknowledge that Cara Jewellers is not responsible for the availability of, or the information and content of any External Site. You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links or the content located on such external Sites. If you decide to access linked third-party websites, you do so at your own risk.
22.2. The Website may contain information on various sales promotions that Cara Jewellers may run on its own or in conjunction with another party. All sales promotions are subject to further terms and conditions that you must comply with if you wish to enter into any sales promotion.
You agree to indemnify, defend and hold Cara Jewellers and Associated Companies (as defined below) 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 Cara Jewellers and/or Associated Companies arising from or in any way related to your use of this Website, including, by third parties as a result of your breach of these Terms or any other terms referenced herein, your violation of any law or the rights of a third party, or your use of this Website.
“Associated Companies” means any company, partnership or other entity controlled by, controlling or in common control with Cara Jewellers or its parent or any subsidiary, including the management and directors of such entities. A person, company, partnership or other entity shall be deemed to control another person, company, partnership or other entity if the former person, company, partnership or other entity possesses, directly or indirectly, the power to direct, or cause the direction of, the management and policies of the other person, company partnership or other entity whether through the ownership of voting securities or partnership interests, representation on its board of directors or similar governing body, by contract or otherwise;
24. YOUR ACTIVITY AND TERMINATION OF YOUR SERVICE
24.1. You use this Website at your sole risk. You agree that you will be personally responsible for your use of this Website and for all of your communication and activity on this Website.
24.2. You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trademark notices) which may be affixed to or contained within the Website.
24.3. You agree not to collect or harvest any personally identifiable information, including account names, from the Website, nor to use the communication systems (if any) provided by the Website for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Website with respect to any submissions made by them.
24.4. Cara Jewellers reserves the right, in its sole discretion, to restrict, suspend or terminate your access to all or any part of the Website at any time for any reason without prior notice or liability. Cara Jewellers may change, suspend or discontinue all or any aspect of the Website at any time, including the availability of any feature, database, or Website Content, without prior notice or liability. Notwithstanding such termination or suspension, you will continue to be subject to these Terms. Except as otherwise expressly stated in these Terms, Cara Jewellers shall not be liable to you or to any third party for any modification, termination, suspension or discontinuation of the Website.
24.5. You acknowledge and agree that any materials, including but not limited to questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information, regarding this site, Cara Jewellers, or our products or services that are provided by you to Cara Jewellers are non-confidential and shall become the sole property of Cara Jewellers. Cara Jewellers will own exclusive rights, including all intellectual property rights, and will be entitled to the unrestricted use and dissemination of these materials for any purpose, commercial or otherwise, without acknowledgment or compensation to you. You grant Cara Jewellers and its affiliates and sublicensees the right to use the name that you submit in connection with such content if they choose. You represent and warrant that (a) you own and control all of the rights to the content that you submit, or that you otherwise have the right to submit such content to this site; (b) the content is accurate and not misleading; and (c) use and posting of the content you supply will not violate any rights of or cause injury to any person or entity.
24.6 Product Reviews And User Content
Our Site includes a product review feature, and includes or may include in the future discussion forums, user generated content, or other areas or services in which you or third parties create, post, or store any content, messages, materials or other items on our Site (‘Interactive Areas’). You are solely responsible for your use of such Interactive Areas and use them at your own risk. By using any Interactive Areas, you agree not to post, upload to, transmit, distribute, store, create or otherwise publish through our Site any of the following:
Any message, data, information, text, music, sound, photos, video, graphics, code or other material (‘User Content’) that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
User Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law
User Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. By posting any User Content, you represent and warrant that you have the lawful right to distribute and reproduce such User Content;
User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
Unsolicited promotions, political campaigning, advertising or solicitations;
Private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card number;
Viruses, corrupted data or other harmful, disruptive or destructive files; and
User Content that, in the sole judgment of Cara Jewellers, is objectionable or which restricts or inhibits any other person from using or enjoying the Interactive Areas or our Site, or which may expose Cara Jewellers or its users to any harm or liability of any type.
25. DISCLAIMERS OF WARRANTIES; LIMITATIONS OF LIABILITY
25.1. The Website and the Website Content are provided on an “AS-IS”, “without faults” and “as available” basis and, to the extent lawful, with no warranties whatsoever. Cara Jewellers expressly disclaims (to the fullest extent permitted by law) any and all express, implied, and statutory warranties, including, without limitation, the warranties of merchantability, fitness for a particular purpose, freedom from computer virus, title, and non-infringement of proprietary rights.
25.2. Cara Jewellers and Associated Companies (as defined herein) are not liable for any direct, indirect, punitive, incidental, special, or consequential damages or loss (including, without limitation, incidental and consequential damages, lost profits, or damages resulting from lost data or business interruption) arising out of, or in way connected with, the use or inability to use the Website and the Website Content, or inability to enter into a sales promotion, whether based on warranty, contract, tort (including negligence), or any other legal theory, and whether or not Cara Jewellers is advised of the possibility of such damages.
25.3. Without limiting the above paragraph, Cara Jewellers does not accept any liability in respect of your involvement in any mediation, arbitration, tribunal hearing, court proceeding or other proceedings (of whatever nature) with any third-party advertiser in any way.
25.4. Cara Jewellers does not represent or endorse the accuracy or reliability of any Website Content and you acknowledge that any reliance upon such Website Content shall be at your sole risk.
25.5. Cara Jewellers is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email due to technical problems or traffic congestion on the Internet or on this Website or combination thereof, including any injury or damage to any users or to any person’s computer related to or resulting from participation or downloading materials in connection with the Website.
25.6. Documents available from the web server were prepared as an account of work sponsored by a client or our own work. Neither Cara Jewellers nor any client thereof, or any of their employees, makes any warranty, express or implied, or assumes any legal liability or responsibility for the accuracy, completeness, or usefulness of any information, apparatus, product, or process disclosed, or represents that its use would not infringe privately owned rights.
25.7. Reference to any specific commercial product, process, or service by trade name, trademark, manufacturer, or otherwise does not necessarily constitute or imply its endorsement, recommendation, or favoring by Cara Jewellers. The views and opinions of document authors do not necessarily state or reflect those of Cara Jewellers or any agency thereof.
25.8. Cara Jewellers shall not be liable to you or be deemed in breach of these Terms by reason of any delay in performing, or any failure to perform any of our respective obligations under these Terms, if the delay or failure was due to any cause beyond our reasonable control. This may include any act of god; legislation; war; fire; flood; drought; inadequacy or unsuitability of any instructions, electronic file or other data or materials. Failure of power supply; lock-out, strike or other action taken by employees in contemplation or furtherance of a dispute; or owing to any inability to procure materials required for the performance of the Terms.
26. GOVERNING LAW AND JURISDICTION
26.1. These Terms as well as your access to our Website is subject to and governed by the laws of United Arab Emirates as applied in the Emirate of Dubai without giving effect to conflicts of law principles thereof. Any dispute regarding this Terms or our handling of your Personal Information and General Information is subject to the exclusive jurisdiction of the Courts in Dubai.
Thank you for your cooperation. We hope you find this Website helpful and convenient to use. If you have questions or comments regarding this website, please Contact Us.
This document was last updated in July 2020.
WHAT WE LOOK FOR
WHAT PERSONAL INFORMATION DO WE COLLECT?
We ask for your personal information for instances including but not limited to making a purchase, register, sign up for promotions, offers or competitions, or to receive news submitting user-generated reviews or ratings, engaging in any social media functions on our services. Depending on which of these services you use, even if you do not complete your purchase, we may collect:
Information you give us
personal identification information such as, your name, date of birth and gender;
contact information such as, email address and telephone number;
demographic information: such as, postal address;
financial information: such as, credit/debit card numbers;
your purchase history;
if you have completed a survey or entered a competition with us;
if you contact us by phone, email or otherwise, we will keep a record of that correspondence; and
your marketing preferences, including any consents you have given us when you subscribe to our newsletter or set up an online account.
Information you provide if you report a problem with our website
Information we collect automatically
information related to the browser, device or operating system you use to access our Services;
your IP address, the website you came from, information on actions taken on our Services including but not limited to pages viewed, dated and times of visits, time spent on each page, products viewed, clicked on, added to your basket and purchased;
Information we receive from third parties
Sometimes we receive personal data about you from third parties when you engage with our Services through social media, or other non-Cara Jewellers FZCO sites or applications, those sites will share personal data with us including, but not limited to:
the content you have viewed or interacted with;
about adverts within the content which you have been shown or clicked on;
your IP address, registered beacons or GPS (geo location) signals you have received;
publicly available information; and
non-personal information used to supplement existing information, such as demographics and affluence metrics (e.g. social-demographic groupings through matching postcodes).
The privacy notices for these sites and applications will contain more detail about this and how to change your privacy settings on those sites and applications.
HOW DO WE USE THIS INFORMATION, AND WHAT IS THE LEGAL BASIS FOR THIS USE?
We process your personal data for the following purposes:
To fulfil a contract, or take steps linked to a contract including fulfilling any orders your place. This includes:
processing your order, registration for the Services, or entry to a competition;
providing the Services, to communicate with you about them or your account with us;
communicating with you (including by email and SMS) and providing our customer services;
verifying your identity; and sending you information about changes to our terms or policies.
To conduct our business and pursue our legitimate interests, in particular:
we will use your personal data to provide products and Services you have requested, and respond to any comments or complaints you may send us;
we monitor use of our Services, and use your personal data to help us monitor, improve and protect our products, content, Services and websites, both online and offline;
we use your personal data to personalise our products and Services for you;
To prevent, investigate and/or report fraud, misrepresentation, security incidents or crime, in accordance with applicable law;
we use information you provide to investigate any complaints received from you or from others, about our website or our products or services;
we will use data in connection with legal claims, compliance, regulatory and investigative purposes as necessary (including disclosure of such information in connection with legal process or litigation); and
Where you give us your consent, we will use your personal data:
to send you newsletters and other promotional material about our Services and to use technologies to check if these have been received and opened to help make our communications relevant to you;
to place cookies and use similar tracking technologies to personalise content and advertising for you and to make our content function better;
to invite you to take part in market research (where consent is required); and
on other occasions where we ask you for consent, we will use the data for the purpose which we explain at that time.
For purposes which are required by law:
in response to requests by government or law enforcement authorities conducting an investigation.
WHO WILL WE SHARE THIS DATA WITH, WHERE AND WHEN?
With your consent (where required), we share your personal data with trusted third party service providers, suppliers, affiliates, divisions, partners, sponsors, agents and representatives we have engaged to perform business-related functions on our behalf. For example, to: (i) conduct research and analytics; (ii) create content; (iii) provide customer support services; (iv) conduct or support marketing; (v) fulfil orders; (vi) handle payments; (vii) host Services; (viii) administer contests; and (ix) maintain databases.
In all cases, the third party is acting on Cara Jewellers’ express instructions and in accordance with this Policy, confidentiality and levels of security.
Without your consent, we share your personal data:
with third party platforms such as Facebook or Google to send you targeted advertisements on our behalf;
in response to legal process, for example, in response to a court order or a subpoena, a law enforcement or government agency’s request;
if we, or one of our business units, undergoes a business transition, like a merger, acquisition by another company, or sale of all or part of our assets.
How long will we retain your data?
Where we process personal data for marketing purposes or with your consent, we process the data until you ask us to stop and for a short period after this (to allow us to implement your requests). We also keep a record of the fact that you have asked us not to send you direct marketing or to process your data indefinitely so that we can respect your request in future.
Data from both primary & backup Servers can be purged within 30 days in case of Client request.
WHAT RIGHTS DO I HAVE?
You have the right to ask us for a copy of your personal data; to correct, delete or restrict (stop any active) processing of your personal data; and to obtain the personal data you provide to us for a contract or with your consent in a structured, machine readable format, and to ask us to share (port) this data to another controller.
You can object to the processing of your personal data in some circumstances (in particular, where we don’t have to process the data to meet a contractual or other legal requirement, or where we are using the data for direct marketing).
These rights may be limited, for example if fulfilling your request would reveal personal data about another person, where they would infringe the rights of a third party (including our rights) or if you ask us to delete information which we are required by law to keep or have compelling legitimate interests in keeping. We will inform you of relevant exemptions we rely upon when responding to any request you make.
To exercise any of these rights, or to obtain other information, such as a copy of a legitimate interests balancing test, you can get in touch with us using the details set out below. If you have unresolved concerns, you have the right to complain to an EU data protection authority where you live, work or where you believe a breach may have occurred.
Where we require your personal data to comply with legal or contractual obligations, then provision of such data is mandatory: if such data is not provided, then we will not be able to manage our contractual relationship with you, or to meet obligations placed on us.
Withdrawing consent or otherwise objecting to direct marketing
Wherever we rely on your consent, you will always be able to withdraw that consent, although we may have other legal grounds for processing your data for other purposes, such as those set out above. In some cases, we are able to send you direct marketing without your consent, where we rely on our legitimate interests.
You have an absolute right to opt-out of direct marketing we carry out for direct marketing, at any time. You can do this by clicking on the unsubscribe link at the bottom of our emails, or by contacting us using the details set out below.
We have put in place physical, electronic, and managerial procedures designed to help prevent unauthorised access, to maintain data security, and to correctly use the personal data we collect online. These safeguards vary based on the sensitivity of the personal data that we collect and store.
Although we take appropriate measures to safeguard against unauthorised disclosures of personal data, we cannot assure you that your personal data will never be disclosed, altered or destroyed in a manner that is inconsistent with this privacy notice.
Our Services do not target and are not intended to attract children under the age of 16. We do not knowingly solicit personal data from children under the age of 16 or send them requests for personal information.
Who is the data controller?
The data controller for your information is Cara Jewellers FZCO which you have a relationship with or which manages the website you have visited. If you have any concerns about how we process your data, or would like to opt out of direct marketing, you can get in touch at email@example.com or by writing to Cara Jewellers FZCO, 2008, Building 2, Gold and Diamond Park, Sheikh Zayed Road, P.O. Box – 117973, Dubai UAE. We hope that we can satisfy any queries you may have about the way we process your data.
A cookie is a small file of letters and numbers that we store on your browser or the hard drive of your computer or device if you agree. Cookies contain information that is transferred to the hard drive of your computer or device.
There are some cookies that are essential to the functionality of our site, allowing you to: purchase products successfully, navigate to the correct page and save personal preferences. Some of these cookies are essential to our performing a contract with you, otherwise we have a legitimate interest in placing the cookies to improve the user experience by ensuring the website operates efficiently and remembers certain basic information for future visits
“Analytical” cookies allow us to recognise and count the number of visitors and to see how visitors move around our site when they are using it. These cookies also allow us to:
Estimate our audience size and usage pattern;
Store information about your preferences and products you viewed or searched for, and so allow us to customise our site and to provide you with offers that are targeted at your individual interests;
Speed up your searches;
Recognise you when you return to our site;
Record page response times, length of visits to certain pages, methods used to browse away from the page;
Help us to improve the way our site works, for example, by ensuring that users are finding what they are looking for easily;
Allow you to use our site in a way that makes your browsing experience more convenient, for example, by allowing you to store items in an electronic shopping basket between visits.
The above list is not exhaustive.