1. AGREEMENT
DIAMONDS BY PELVI FZE (collectively “Diamonds by Pelvi”, “we”, “us”, “our”) is based in Dubai, United Arab Emirates which owns and operates the Internet website at www.diamondsbypelvi.com (the “Website”).
1.1 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 Diamonds by Pelvi products or services that you may order using the website www.diamondsbypelvi.com and any associated mobile or digital applications that refer to these Conditions of Sale (together, the “Platforms”) or by telephone via our client relations centre (the “Client Relations Center”).
1.2 These Conditions of Sale are applicable to any order placed through the Platforms or Client Relations Center (together the “Sales Channels”). Please note that you will be asked to agree to these Conditions of Sale before placing an order for products or services. 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 authorised retailers) are not subject to these Conditions of Sale.
1.3 These Terms will constitute a legal agreement between “you” (the user of this Website) and Diamonds by Pelvi. If you do not agree to, or cannot comply with the Terms, please refrain from using this Website.
1.4 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. Diamonds by Pelvi reserves the right, in its discretion, to change or modify all or any part of these Terms at any time. If at any time the Terms are no longer acceptable to you, you should immediately cease use of the Website.
1.6. Certain areas of the Website may be subject to additional terms of use. By using such areas, or any part of them, you agree to be bound by the additional terms of use applicable to such areas. Please refer to our Privacy Policy for information about how we use your data.
2. REGISTRATION
2.1. To use some of the website’s services or features, 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 info@diamondsbypelvi.com. 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 unauthorised use of your account. Although we will not be liable for your losses caused by any unauthorised use of your account, you may be liable for our losses or others due to such unauthorised 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 the 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. PERSONALISED SERVICES
4.1. Personalisation services (for example engraving or embossing) or other services may be available on a selection of products. If you wish to have your product personalised, please provide the details in the Sales Channels as requested.
4.2. We reserve the right to withhold or refuse acceptance of any order for personalised 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 personalising products is correct.
4.3. In addition, orders for personalised products cannot be cancelled and such products that have been personalised 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. ORDER PROCESS
5.1. The order process of the Platforms will include the following:
• Add to Shopping Cart: Once you have chosen a product, you may place this product in your shopping cart. You may then decide to continue shopping for other products and add them to your shopping cart (subject to availability and quantity limits). Placing an item in your shopping cart does not guarantee availability for purchase, which is not confirmed until you receive a written Confirmation of the Order and 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 cart 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 should check the relevant box and place your order. In the case of an order being placed through the DBP Customer Care Department, the order process will include the following:
• Shopping for Product: A Diamonds by Pelvi 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 Diamonds by Pelvi Sales Expert will proceed to place your order and add your personal information (including name, e-mail, phone number and shipping address), and review 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 and 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
o Link to the Conditions of Sales and our privacy policies
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, anti-money laundering, security and related legal checks and, if acceptable, will then process your order.
5.2. 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 DBP Customer Care Department promptly.
5.3. Acceptance of the order and completion of the contract between you and Diamonds by Pelvi will be perfected when we dispatch the products to you at which time you will receive a second email containing your tracking number and confirming that your order has been dispatched. This Confirmation of Order and 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 Diamonds by Pelvi. If applicable, we may deliver the products to you in person depending on the circumstances.
5.4. We reserve the right not to accept or fulfil your order in the event, that we are unable to obtain authorisation 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.
6. PRICING
6.1. All prices shown on the product pages of the Platforms or quoted by the DBP Sales Experts exclude shipping costs, credit card fees and other taxes unless otherwise stated.
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.
6.3. 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 cart before you place your order. You should check updated prices and currency carefully.
6.4. Sales, use or other taxes will vary based on the location to which products are being shipped.
6.5. 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 DBP Customer Care Department.
Boutique pick-up may be offered, free of charge, to certain locations. Please refer to the Platforms or call the DBP 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).
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.
6.6. We reserve the right to modify prices and delivery costs at any time without prior notice.
6.7. 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 DBP 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 the supply of the product and refund you any sums you have paid.
6.8. 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.
6.9. Our prices are also subject to change without notice. We apologise 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 info@diamondsbypelvi.com.
7. PAYMENT
7.1. 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 authorise 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 authorisation and to authorise individual purchase transactions.
Once the transaction is complete, the payment will be debited and cleared from your account. 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 authorise 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 authorise 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 DBP Sales Expert your complete payment details or follow the steps as advised by the DBP Customer Care Department.
7.2. We may accept bank wire transfers 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 email. If your wire transfer payment is not credited to our bank account within seven (7) days after you have placed your order, your order will be cancelled.
7.3. We take reasonable care to make sure our Website is secure. All credit/debit card transactions on the Website are processed using a third-party platform: Stripe’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 a Secure Socket Layer (SSL) certificate.
7.4. 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 unauthorised access to any data you provide us when accessing or ordering from the Website.
8. 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 DBP Customer Care Department.
Boutique pick-up may be offered, free of charge, to certain locations. Please refer to the Platforms or call the DBP 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).
9. DELIVERY
9.1. We offer free shipping across the United Arab Emirates. However, a shipping fee will be charged for orders delivered outside the territory of the United Arab Emirates.
9.2. DBP offers two delivery options within the UAE, Standard and Express. Standard Delivery is 21 business days commencing from the time the payment and order confirmation are both received. Express Delivery is 14 business days commencing from the time the payment and order confirmation are both received.
9.3. We will use reasonable efforts to ensure delivery by the carrier within the estimated delivery lead time, commencing from the date of when both the client’s payment is received by DBP and our written Confirmation of Order and shipment is sent to the client. The delivery lead time may change 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 personalise or produce to your specifications, or if you make changes to the design of the product(s).
9.4. 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 twenty-one (21) business days from the date of the written Confirmation of Order and shipment or any other time limit as indicated by us, you may contact the DBP Customer Care Department to enquire about the status of your order.
9.5. 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.
9.6. Delivery can only be made to the individual whose identity documents were used to fulfil the KYC & AML verification.
9.7. 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 and must cross check the identity documents of the receiver against those submitted for the KYC & AML screening,, at which point responsibility for your purchased products passes to you.
9.8. Clients must accept delivery of products or collect their products within 30 calendar days of DBP’s delivery notice which will be sent by DBP when arranging a delivery slot with the client. Unless otherwise agreed in writing with DBP. If the products are not collected or delivery is not made possible by the client within the 30 day period, the client forfeits all rights to their products.
10. INVOICES
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).
11. RETURNS
Our return policy is as follows:
The client has to notify DBP within 7 calendar days of goods being delivered if any manufacturing fault is found, via info@diamondsbypelvi.com. Only upon receipt of the email within the above-mentioned time frame will the return request be processed. Any personalised items that have an error in spelling can also be sent back for rectification once the process mentioned below is followed.
Returns will only be accepted in case of a manufacturing fault. DBP will repair and send the product back to the client.
The client is required to send a clear image of the concerned area when requesting a return.
DBP creates products for clients on a made-to-order basis so we cannot refund clients once the order has been placed.
Diamonds are natural stones, based on the specs chosen by the client the diamond can have imperfections, however, DBP endeavours to maintain high-quality control and standards and select diamond options for clients that pass the “eye-clean” check.
RETURNS PROCESS
11.1. Please inform us within 7 days of receipt of the order. You must email info@diamondsbypelvi.com to notify us.
11.2. Before we arrange for your damaged/incorrect product to be returned to us you are required to email us a photograph of the product. It is up to the discretion of the DBP Quality Control team to decide whether the product is approved for return.
11.3. Once we have received your email and our Quality Control team has authorised the return of the damaged/incorrect product, we will arrange for a collection of the product.
11.4. Once we receive the damaged product, we will repair it and return it to you in a timeframe deemed appropriate based on the time needed to repair the product.
We are not responsible for any lost or damaged packages. We are not liable for any returns that we were not notified about first.
CANCELLATIONS
Once an order is placed, it cannot be cancelled. We request you to mindfully place an order with us as each DBP piece is carefully handcrafted & we initiate the production as soon as we receive an order.
GUARANTEE
All products sold on this website are guaranteed authentic DBP products using natural earth-mined diamonds.
Please note that slight irregularities and variations in craftsmanship, natural characteristics or internal inclusions, visible or otherwise, in gemstones are unique and individual to each item. These characteristics are considered part of the character of the item and should not be considered a defect.
Fine jewellery is not impervious to normal wear, activities or trauma. This is particularly true for rings since hands are regularly subjected to considerable abuse. We do not provide warranties for damage due to normal wear, product loss, loss of stones or theft. Damage or loss that results from failure to obtain repairs necessary to maintain the integrity of the product is also not covered.
Some examples of common jewellery issues that would not be considered manufacturing defects include:
1. Discoloration due to exposure to chemicals, make-up, swimming pools, hot tubs or bathing.
2. Prongs and precious metals, in general, wear over time and may require “building up” or restoration work as normal wear.
3. Bent, caught or worn-out prongs(s) allowing a stone to fall out or be lost due to normal wear or other damage.
4. A lost stone or a stone has fallen out due to chipping or breaking caused by normal wear or other damage.
5. Dents, knicks and scratches are inevitable and are not considered a defect.
6. Rings that have been damaged or misshapen as a result of “hands-on” activities, such as weightlifting, rock climbing, gardening, DIY etc. This includes cases where damage results in the loss of stones.
12. 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 a consumer, you may have legal rights under the applicable law governing the sale of consumer goods; those legal rights are not affected by these Conditions of Sale or the applicable Diamonds by Pelvi Guarantee.
12.1. Gift Wrap and Packaging
All orders will be shipped with the Diamonds by Pelvi box gift wrapped in Diamonds by Pelvi special packaging, together with a Diamonds by Pelvi shopping cart (where applicable).
12.2. Engravings / Embossing
Engraving and embossing may be available on specific products and offered through sales transactions completed through the Sales Channels. It will be done free of cost, with a limited character count based on the item you are choosing. If you wish to have your Diamonds by Pelvi product engraved or embossed, please provide the details to the DBP Customer Care Department.
Orders for personalised Diamonds by Pelvi products cannot be cancelled.
12.3. Gift Note
You may personalise your order by adding a personalised note that will be printed by Diamonds by Pelvi on a gift card to be included in your order package. Diamonds by Pelvi reserves the right to reject gift card notes it deems offensive or inappropriate to be sent on Diamonds by Pelvi logo stationery.
13. REPAIRS, CLEANING & RESIZING
Requests for repairs are done at an additional charge unless the customer communicates a manufacturing fault to DBP within 7 days of delivery. The customer can email us at info@diamondsbypelvi.com with evidence of the issue in a picture format and it is at the DBP Quality Control department’s discretion whether they deem this a manufacturing error. We will not accept any repairs unless we are contacted via email. For repairs requested outside of the 7-day period after delivery, we will assess the item and inform the client of the relevant charges, if any are deemed applicable. The items must be delivered by the client to a DBP-designated meeting point.
We will provide free resizing of any rings that are too large/small (for 6 weeks after the client receives the products. In the case where the person is going to propose in the future, we are happy to offer a tailored time period that suits them).
DBP offers a complimentary annual jewellery cleaning service for products purchased from DBP. Please book an appointment through info@diamondsbypelvi.com so we can arrange a suitable time.
14. PRODUCT DESCRIPTIONS
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 DBP 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.
15. 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 per cent (100%) of the price of the product(s) in your order, if we are made aware of damages within 7 days of the delivery of the product(s). After the 7-day period, the liability shall not exceed 50 per cent (50%) of the price of the product(s).
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.
16. GENERAL PROVISIONS
16.1. 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.
16.2. 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.
16.3. 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.
16.4. 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.
16.5. 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 Diamonds by Pelvi Guarantee.
17. INFORMATION ON OUR SITE
At Diamonds by Pelvi, 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 sets 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.
18. USE OF WEBSITE CONTENT
18.1. 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.
18.2. 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 Diamonds by Pelvi 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 that 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 HTML code created to generate any Website Content or the pages making up the Website;
(h) use the Website Content to impersonate or otherwise misrepresent your identity or affiliation with Diamonds by Pelvi 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 advertising 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.
18.3. You shall not copy, store, redistribute or publish any Website Content without the express permission of Diamonds by Pelvi.
19. INTELLECTUAL PROPERTY
Except as otherwise expressly stated, Diamonds by Pelvi 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 Diamonds by Pelvi 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 Diamonds by Pelvi. 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.
20. EXTERNAL LINKS AND PROMOTIONS
20.1. 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 Diamonds by Pelvi of the contents on such External Sites. You acknowledge that Diamonds by Pelvi 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.
20.2. The Website may contain information on various sales promotions that Diamonds by Pelvi 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.
21. INDEMNITY
You agree to indemnify, defend and hold Diamonds by Pelvi 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 Diamonds by Pelvi 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 Diamonds by Pelvi 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;
22. YOUR ACTIVITY AND TERMINATION OF YOUR SERVICE
22.1. 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.
22.2. You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trademark notices) that may be affixed to or contained within the Website.
22.3. 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.
22.4. Diamonds by Pelvi 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. Diamonds by Pelvi 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, Diamonds by Pelvi shall not be liable to you or to any third party for any modification, termination, suspension or discontinuation of the Website.
22.5. 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, Diamonds by Pelvi, or our products or services that are provided by you to Diamonds by Pelvi are non-confidential and shall become the sole property of Diamonds by Pelvi. Diamonds by Pelvi 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 acknowledgement or compensation to you. You grant Diamonds by Pelvi 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.
22.6 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, libellous, 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 offence, violate the rights of any party, or 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 numbers;
- Viruses, corrupted data or other harmful, disruptive or destructive files; and
- User Content that, in the sole judgment of Diamonds by Pelvi, is objectionable or which restricts or inhibits any other person from using or enjoying the Interactive Areas or our Site, or which may expose Diamonds by Pelvi or its users to any harm or liability of any type.
Diamonds by Pelvi takes no responsibility and assumes no liability for any User Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is Diamonds by Pelvi liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. Your use of Interactive Areas is at your own risk. As a provider of interactive services, Diamonds by Pelvi is not liable for any statements, representations or User Content provided by its users in any public forum, personal home page or other Interactive Area. Although Diamonds by Pelvi has no obligation to screen, edit or monitor any of the Content posted in any Interactive Area, Diamonds by Pelvi reserves the right, and has absolute discretion, to remove, screen or edit any User Content posted or stored on our Site at any time and for any reason without notice, and you are solely responsible for creating backup copies of and replacing any User Content you post or store on our Site at your sole cost and expense. Any use of the Interactive Areas or other portions of our Site in violation of the foregoing violates these Terms and Conditions and may result in, among other things, termination or suspension of your rights to use the Interactive Areas and/or our Site. In order to cooperate with legitimate governmental requests, subpoenas or court orders, to protect Diamonds by Pelvi’s systems and customers, or to ensure the integrity and operation of Diamonds by Pelvi’s business and systems, Diamonds by Pelvi may access and disclose any information it considers necessary or appropriate, including, without limitation, user profile information (i.e. name, e-mail address, etc.), IP addressing and traffic information, usage history, and posted User Content. Diamonds by Pelvi’s right to disclose any such information shall govern over any terms of Diamonds by Pelvi’s Privacy Policy.
23. DISCLAIMERS OF WARRANTIES; LIMITATIONS OF LIABILITY
23.1. 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. Diamonds by Pelvi 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.
23.2. Diamonds by Pelvi 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 a 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 Diamonds by Pelvi is advised of the possibility of such damages.
23.3. Without limiting the above paragraph, Diamonds by Pelvi 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.
23.4. Diamonds by Pelvi 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.
23.5. Diamonds by Pelvi 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.
23.6. Documents available from the web server were prepared as an account of work sponsored by a client or our own work. Neither Diamonds by Pelvi 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.
23.7. 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 favouring by Diamonds by Pelvi. The views and opinions of document authors do not necessarily state or reflect those of Diamonds by Pelvi or any agency thereof.
23.8. Diamonds by Pelvi 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.
24. GOVERNING LAW AND JURISDICTION
24.1. These Terms as well as your access to our Website are subject to and governed by the laws of the United Arab Emirates as applied in the Emirate of Dubai without giving effect to conflicts of law principles thereof. Any dispute regarding these 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 August 2023.
Privacy Policy
See also Terms & Conditions & Cookie Policy
READ OUR PRIVACY POLICY
WHAT WE LOOK FOR
Diamonds by Pelvi (“us”, “we”) takes the protection of your online privacy seriously and this Privacy Policy sets out how we use and protect any personal information we obtain from dealings that arise from you using this website. Diamonds by Pelvi is not responsible for the privacy practices of any websites that may be linked from the Diamonds by Pelvi website, so please check these separately.
At certain times, Diamonds By Pelvi gathers and uses information about users to enhance the website user experience, in order to make our site more user-friendly. The Privacy Policy communicates what types of data we collect along with how it is used and stored in a safe, secure environment. Diamonds By Pelvi gathers information from website users, or anyone who has had any contact with the organisation including, but not limited to, walk-in customers, suppliers, affiliates, business contacts and employees.
The Diamonds By Pelvi privacy policy applies to all our website users, staff, business suppliers, contacts and associates.
We may change this Privacy Policy from time to time by updating this page so please check our Privacy Policy for any changes when you revisit our website.
WHAT PERSONAL INFORMATION DO WE COLLECT?
We ask for your personal information for instances including but not limited to making a purchase, registering, signing up for promotions, offers or competitions, receiving news, submitting user-generated reviews or ratings, and 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 consent 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, dates 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-Diamonds by Pelvi FZE 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 that 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 details 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 you place. This includes processing your order, registration for the Services, or entry to a competition;
To conduct our business and pursue our legitimate interests, in particular:
- We will send you newsletters and other promotional material about our Services and use technologies to check if these have been received and opened to help make our communications relevant to you. You can always opt-out by sending an email requesting to be removed from the mailing list at info@diamondsbypelvi.com;
- We will use your personal data to provide the products and Services you have requested, and respond to any comments or complaints you may send us;
- We monitor the 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 the 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);
Where you give us your consent, we will use your personal data:
- 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 that we explain at that time.
- For purposes that are required by law in response to requests by government or law enforcement authorities conducting an investigation. It includes 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.
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 Diamonds by Pelvi’s 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;
with third parties if this will help us to enforce our policies and terms of use, check for potential illegal activity (such as copyright infringement or fraud) or protect the safety of other users of the Services; and
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.
To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal requirements. In some circumstances, we may make your personal data unidentifiable for research or statistical purposes, in which case we may use this information indefinitely without further notice to you.
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 contractual or other legal requirements, 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 that 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.
Where we require your personal data to comply with legal or contractual obligations, then the 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 the 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.
SECURITY MEASURES
We have put in place physical, electronic, and managerial procedures designed to help prevent unauthorised access, maintain data security, and 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.
Who is the data controller?
The data controller for your information is Diamonds by Pelvi FZE 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 info@diamondsbypelvi.com or by writing to Diamonds by Pelvi FZE, Business Centre, Sharjah, Publishing City Free Zone, Sharjah, United Arab Emirates. We hope that we can satisfy any queries you may have about the way we process your data.
This Privacy Policy was updated in June 2023
Cookie Policy
See also Terms & Conditions & Privacy Policy
READ OUR COOKIE POLICY
Information About Our Use of Cookies
Our website www.diamondsbypelvi.com (“our site”) uses cookies to distinguish you from other users of our site. This helps us to provide you with a good experience when you browse our site and also allows us to improve our site.
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, and 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.
Some of these cookies are processed on the basis of our legitimate interest in improving user experience by ensuring the site displays content relevant to you and operates in accordance with your preferences. If you register with us or complete our online forms, we will use cookies to remember your details during your current visit and any future visits provided the cookie was not deleted in the interim.
The above list is not exhaustive.
Please note that our advertisers may also use cookies, over which we have no control.
You can block analytical and other cookies by activating the setting on your browser that allows you to refuse the setting of some or all cookies. However, if you use your browser settings to block all cookies (including essential cookies) you may not be able to access all or parts of our site. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies as soon as you visit our site and confirm acceptance of our cookie policy.
We will not normally use cookies other than functional and analytical cookies. Where we do use cookies other than functional or analytical cookies, we will ask you first if we may use these.
END OF TERMS AND CONDITIONS