Terms & Conditions

1. INTRODUCTION


1.1 These Terms and Conditions (the “Terms”), together with the documents referred to within them, set forth the legal terms and conditions governing your use of the website operated by Vesta Company Limited (Branch) www.aliel.com, and any other online and mobile websites operated by Vesta Company Limited that are related to www.aliel.com, (collectively, Site).

1.2 Vesta Company Limited (Branch) is a company limited by shares, registered and incorporated in the Dubai Multi Commodities Centre free zone with licence number DMCC 30046 and registered office address as Unit no 2W 03 01, Jewellery and Gemplex 2, Plot no DMCC PH2, Jumeirah Lake Towers Dubai, United Arab Emirates. Vesta owns the brand “ALIEL” (“Aliel”) with a brand presence internationally.

1.3 All references to “our”, “us”, “we” or “Aliel” within these Terms are deemed to refer to Vesta Company Limited (Branch). All references to “user”, “customer”, “you”, and “your” within these Terms are deemed to refer to the users of the Site.

1.4 Your use of the Site (including accessing, browsing, or registering to use the Site) confirms your unconditional agreement to be bound by these Terms and is subject to your continued compliance with these Terms.

1.5 If you do not accept these Terms, you must not use the Site.


2. MODIFICATIONS TO TERMS


2.1 We reserve the right to revise these Terms at any time by amending this page. The amendments shall be effective upon posting on the Site and your continued use of the Site after any such amendments are published on the Site will be considered acceptance by you of such amendments. Updated terms will supersede all previous versions of the Terms.

2.2 You are expected to check this page from time to time to take notice of any changes we make, as they are legally binding on you. Some of the provisions contained in these Terms may also be superseded by provisions or notices published elsewhere on the Site.


3. SITE ACCESS


3.1 To access and use the Site or to purchase Products through this Site, you must be of the age of majority as per the laws of your jurisdiction and have the legal capacity to enter into binding contracts. If these conditions are not satisfied, please cease using the Site immediately.

3.2 If you are not of the age of majority as per the laws of your jurisdiction or do not have the legal capacity to enter into binding contracts, then you must have your parent or legal guardian use the Site for you.

3.3 Access to the Site is provided on an “as is” and on an “as available” basis without any warranties as to continuous, uninterrupted or secure access to the Site, that its servers are free of computer viruses, bugs or other harmful components, that defects will be corrected, or that you will not have disruption or other difficulties in using the Site.

3.4 We may make changes to the Site from time to time and may change, suspend, or withdraw the content of all or any part of the Site at any time without notice.

3.5 In the event that we terminate the Site or your access to the Site pursuant to these Terms, you release us from all loss or claims suffered by you as a result of or arising out of such termination.


4. PRODUCTS INFORMATION


4.1 We take great care when putting product information, descriptions and images online but will not be held responsible for any mistakes or omissions to any information given by it.

4.2 All products are subject to availability and all orders accepted by us will be executed at your sole risk. We do not warrant that the descriptions or other content available on the Site, or otherwise disclosed are complete, current or error free.

4.3 You acknowledge that:

(a) your use of the products or any advice is solely at your own risk;
(b) you must rely entirely on your own enquiries and judgment in relation to the products and anything offered by us, any advice and any other information or material contained on the Site;
(c) you must not use the products or other accessories in a manner inconsistent with any displayed instructions; and
(d) we are not liable for any reckless or negligent act or omission by you.


5. PRICE


5.1 Unless otherwise expressly stated, for orders placed within UAE all prices are payable in AED and are inclusive of value-added tax and other applicable taxes and handling charges, where such taxes and/ or charges are applicable.

5.2 For orders placed outside of the UAE, all prices are payable in USD and are exclusive of value-added tax and any other applicable taxes and handling charges, where such taxes and/or charges are applicable.

5.3 All prices are subject to change without notice and must be paid without setoff or deduction in accordance with these Terms.


6. ORDERING


6.1 Cancellation of Order

(a) We may cancel or reduce the products ordered by you, with or without notice, in our sole discretion, for any of the following reasons, or for no reason:

(1) the product is no longer available;
(2) there was difficulty in processing payment information;
(3) delivery to the address was not possible due to any reason (including in case of any specific sanctions or embargoes in place against the country the shipment needs to be delivered to);
(4) a duplicate order for a product was placed; or
(5) a product was canceled with your consent.

(b) Upon cancellation, any price paid by you in advance for the product will be refunded via your original payment method.

(c) You may cancel any order in accordance with these Terms. If the Terms do not allow you to cancel an order, you may only do so with our prior written permission, which may be withheld at our sole discretion and on terms that will indemnify us against any claim or loss resulting from your cancellation of the order.


7. TERRITORY


7.1 Our products are available for purchase worldwide, excluding countries or territories against which sanctions or restrictions are imposed by the government of the United Arab Emirates. This includes countries officially listed by the UAE government as sanctioned or restricted. This Site should not be accessed by any individuals based in these sanctioned or restricted countries.

7.2 Due to specific restrictions and embargoes imposed by certain countries on specific types of jewels or high value products, We may not provide shipping to or within such countries.


8. PROMOTIONS AND MARKETING


8.1 For certain campaigns, promotions or contests, certain additional terms may apply. If you want to participate in such a campaign, promotion or contest, you need to agree to the relevant terms and conditions applicable to that campaign, promotion or contest. In case of any inconsistency between such terms and conditions and these Terms, those terms and conditions will prevail.


9. SHIPPING AND DELIVERY


9.1 Your order will be delivered to the address you indicated when your order was placed.

9.2 Any delivery times quoted to you are indicative only. We do not accept any liability for and cannot, be held responsible for the consequences of a late delivery or the loss of a package caused by a third party contracted to make delivery, or by you, or because of some unforeseen event or an Act of God. For the purposes of these Terms, Act of God includes but is not limited to strikes, lockouts, failure of usual sources of supply of products, civil commotion, acts of terrorism, commercial exigencies, accidents, war, fire, flood, explosion, shortage of power, breakdown of plant or machinery, shortage of raw materials from the normal source of supply, or any order or direction of any local, state or federal government, government agency or instrumentality.

9.3 While we reserve the right to determine the handling, storage, transportation methods, route, and procedure for delivering products, shipments valued up to USD 50,000 may typically be shipped using FedEx or an equally reputable international courier. Shipments exceeding USD 50,000 will be shipped through a specialised valuable product courier.

9.4 All products are insured for one hundred percent (100%) of their value during transit. If a product is lost during transit, the following process will be followed:

(a) A claim will be made against the responsible carrier for transportation, who will conduct an investigation in accordance with its policy;
(b) Based on the findings of the investigation by the carrier, a claim will be made accordingly to the Insurer.

9.5 Upon delivery of the products, you must inspect the products for any defect or damage to the products. You will be deemed to have accepted the products and waived the right to make any claim unless you notify us in writing of such issues within twenty-four (24) hours of receiving the products. If any such issues are identified, you must promptly ship the products back to us. We reserve the right to either repair or replace the defective or damaged products.

9.6 We retain the title of the products until the latter of the dispatch of products to you or when full payment for the products is received by us. The legal ownership of the products will immediately revert to us if we refund any such payment to you.

9.7 In the event that you do not receive your package, an investigation will be conducted by the carrier and may take several days upon receipt of your claim. During this period of investigation, no reimbursement or re-delivery will take place.


10. RETURNS AND REFUNDS


10.1 We allow you a period of 24 hours from the date of receipt of the order to initiate a return of a product purchased from us only if it has been delivered in a defective or damaged state. Your right of return starts from the moment your order is delivered. You can return the product to us within this time frame, at your own expense, with your invoice. You may be offered to choose between a repair, a replacement or a reorder of the same purchased product out of which you may select the option most suitable for you.

10.2 We request that you send us the product with the same courier that was used for delivery . Any shipping fees shall be your responsibility.

10.3 The present right of return only applies to products that are returned in their original, complete condition and return of which is approved by us in our sole discretion. Return of any product that is not in its original packaging, or has packaging that has been worn beyond simply opening the product, will not be accepted.

10.4 Subject to the above conditions being satisfied, the customer will be reimbursed via the same payment method as was used initially upon receipt of the returned goods.


11. SECURE PAYMENT

11.1 We accept the payment methods indicated on the Site. We currently allow you to pay for your order using credit and debit cards. Cash advances are available with the choice of in-store pick-up or delivery. Additionally, you can choose the click-and-collect service from the store.

11.2 By submitting your order, you represent and warrant that you are authorised to use the chosen payment method and that you authorise us to charge the price of the relevant product(s) to your chosen payment method.



11.3 You agree to keep the payment method current until the sale of product(s) is complete and quickly resolve any issues that may arise while we process your order. We may suspend or cancel your order without notice if the payment method cannot be verified, is invalid or otherwise unacceptable; and

11.4 We are entitled to charge you:

(a) an additional charge depending on the payment method you chose;
(b) any cost which we pay to recover any amount owed to us by you, including without limitation any legal fees and debt collection charges; and
(c) any bank or merchant fees, or commissions charged to us because of any issue with your payment method, and an additional administration fee to process such issues. All such charges must be paid to us on demand.


12. INTELLECTUAL PROPERTY


12.1 We are the owner and/or authorised user of all trademarks, trade names, service marks, design marks, patents, copyrights, database rights, and all other intellectual property appearing on or contained within the Site, unless otherwise expressly indicated.

12.2 Except as provided in these Terms, use of the Site does not grant you any right, title, interest, or license to any intellectual property you may access on the Site. Except as provided in these Terms, any use or reproduction of the intellectual property is strictly prohibited.

12.3 Nothing contained on this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, service mark, or logo displayed on this Site without our prior written permission or the prior written permission of such other party that may own the trademark, service mark or logo displayed on this Site. Your use of the trademarks, service marks, pictures, videos, logos, or any other material displayed on this Site, except as provided herein, is strictly prohibited.


13. RIGHTS


13.1 All rights in all material and content (including, but not limited to, text, images, web pages, sound, software, and video, and the look and feel design, and compilation thereof) at this Site are owned by us or our licensors.

13.2 You may share material and content from the Site via social media only through the use of the social media share icons provided on the Site and only for your lawful, personal, non-commercial use. All other downloading, republication, retransmission, reproduction, or other use of material and content on this Site, whether in electronic, hard copy, or other format, is prohibited and may breach intellectual property laws and other laws worldwide.

13.3 You agree that you are permitted to use this material and/or content only as set out in these Terms or as otherwise expressly authorised in writing by us and that you may not otherwise copy, reproduce, transmit, publicly perform, distribute, commercially exploit, adapt, translate, modify, bundle, merge, share or make available to any person, or create derivative works of such material or content or use it for commercial purposes, without our prior written consent.

13.4 You may not offer for sale or distribute over any medium, any part of this Site or any of its content. You shall not interfere or attempt to interfere with the operation or use of the Site in any way through any means or device including, but not limited to, spamming, hacking, uploading computer viruses or time bombs, or any other means expressly prohibited by any provision of these Terms.


14. USER RESPONSIBILITIES


14.1 You should always verify the information set out in this Site with appropriate independent information sources and/or authorities before acting or relying on it.

14.2 It is your responsibility to use virus-checking software on any material downloaded from this Site and to ensure the compatibility of such software with your equipment.

14.3 In circumstances where you provide us with information relating to any third parties, you warrant that you have received that third party’s consent in relation to such disclosure and that the third party has been informed of, and agrees to, our Privacy Policy and the uses which we may make of such information.

14.4 You should also check that the information you provide does not contain any content prohibited by applicable laws or regulations. You will be responsible for any loss or damages we may suffer if you breach this warranty.

14.5 If you choose or are provided with a user identification code, password or other information as part of our security procedures, you must treat such information as confidential. You must not disclose it to a third party. If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at [email].


15. CONSENT FOR DATA PROCESSING


15.1 By ticking the checkbox approving Data Processing, you give your full consent to the processing of your data for the usage described below.


16. USAGE OF CUSTOMER’S PERSONAL DATA


16.1 Your data is mainly used for shipping and delivery purposes. The details you give us are essential for the processing and delivery of your orders, for billing, and for the establishment of warranty contracts, therefore failure to provide these details will result in the cancellation of your order. By registering on the Site, you agree to provide us with sincere and true information as it concerns you. Communicating false information is contrary to the present general Terms.

16.2 We will handle your personal data in accordance with our Privacy Policy.


17. THIRD PARTY LINKS AND SERVICES


17.1 This Site may contain links or references to other websites outside of our control. We are not responsible for these websites or any contents thereof. The inclusion of any such links on our pages shall not constitute an endorsement of, representation or warranty by, us regarding the content of such websites, the products or services of such websites, or the operators of such websites.

17.2 You should consult the other website’s privacy policies and terms of use as we have no control over information that is submitted to or collected by these third-party websites. We will not be liable for any damages losses or expenses, even if foreseeable, that may arise from your use of these third-party websites or for the actions and customer information practices of any website to which our Site links or refers.


18. LIMITATION OF LIABILITY


18.1 We will not be responsible for any loss, cost or damage whether in contract, tort (including negligence), breach of statutory duty, or otherwise even if foreseeable, suffered by you or any third party as a result of your use of the Site for or in connection with:

(a) Use of, or inability to use, our Site;
(b) Any third-party software you may download from the Site; or
(c) Use of or reliance on any content displayed on our Site.

18.2 If you are a business user, please note that in particular, we also will not be liable for:

(a) Loss of profits, sales, business, or revenue;
(b) Business interruption;
(c) Loss of anticipated savings;
(d) Loss of business opportunity, goodwill or reputation; or
(e) Any indirect or consequential loss or damage.

18.3 Our liability pursuant to these Terms is limited to:

(a) the replacement of the relevant products or the supply of equivalent products;
(b) the repair of the relevant products as far as possible by us (this does not include the repair of the products by any third-parties);

18.4 We will not be liable for any loss or damage caused by a virus, distributed denial of service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Site or to your downloading of any content on it, or any website linked to it.

18.5 We are not responsible for problems with hosting services, servers or internet service providers, telephone networks or telephone services or for any injury or damage to a user’s or to any other person's computer, mobile phone, or other hardware or software, related to or resulting from using or downloading materials in connection with the Site or related to or resulting from generally using or downloading materials in connection with the internet.

18.6 We reserve the right to exclusively defend and control any claims arising from any breach of warranties you have made for which you agree to indemnify us (if you are a consumer, it means where you have agreed that you will be responsible for our loss or damage) and you agree that you will fully cooperate with us when we defend those claims.


19. GENERAL


19.1 You must not assign, sublicense or otherwise deal in any other way with any of your rights under these Terms.

19.2 If a provision of these Terms is invalid or unenforceable, it is to be read down or severed to the extent necessary without affecting the validity or enforceability of the remaining provisions.

19.3 You hereby irrevocably appoint us as your attorney and agent to do all acts and deeds and sign all documents in your name to enable us to exercise our rights under these Terms.

19.4 These Terms are governed by the laws of the Emirate of Dubai and the Federal laws of the UAE applicable in Dubai. Each party submits to the non-exclusive jurisdiction of the Dubai courts.

19.5 Any waiver of any provision of these Terms by us can only be done in express writing. Any failure on our part to enforce a term does not constitute a waiver and we reserve the right in relation to all breaches unless expressly stated otherwise.

19.6 The contents of these Terms constitute the entire agreement between the parties and supersede any prior negotiations, representations, understandings or arrangements made between the parties regarding the subject matter of this agreement, whether orally or in writing.

19.7 A provision of this agreement which can and is intended to operate after its conclusion will remain in full force and effect – including all releases


20. COMPLIANCE WITH LAWS


20.1 We reserve the right to give access to the customer’s data to the public prosecution or relevant governmental authorities if required.

20.2 We reserve the right to report suspicious transactions to the relevant governmental authorities.

20.3 We reserve the right to, at any moment, require the customer’s identity documents and collect the following information: name; nationality; address and place of birth, and to provide these data to the relevant authorities, where required.


21. CONTACT US


21.1 We can be contacted at info@aliel.com.