LOSANGE WEBSITE TERMS AND SERVICE TERMS AND CONDITIONS
The following terms and conditions comprise the whole of the terms and conditions upon which this Website is viewed and interacted with and the terms and conditions (“these terms”) upon which all sales by (and purchases from) LOSANGE are made (the “contracts”). We invite you to carefully review all these terms as they govern all your activity on this Website and all your purchases from LOSANGE.
By utilising this Website and / or purchasing any goods via this Website you agree to be bound by all the applicable terms and conditions detailed herein along with all decrees, rules and regulations of the Emirate of Dubai applicable to the transaction or your activities on this Website.
Where necessary, we will update these terms and conditions from time to time. We invite you to again review these terms and conditions prior to each activity on (or utilisation of) this Website to ensure you remain up to date with these terms and conditions as they may affect your activity on (or utilisation of) this Website and they comprise the contract for sale and purchase of all goods procured through this Website.
Your activity on (or utilisation of) this Website along with all contracts shall at all times be governed by the federal laws of the United Arab Emirates and the laws of the Emirate of Dubai.
CONDITIONS OF USE
Please note that, in order to utilise the point of sale functions on this Website and to conclude a contract with LOSANGE, you must be in compliance with the following:
- Register as a customer via our online registration portal (available here);
- Have attained the age of 18 years;
- Have a valid payment method in your own name, registered to your place of residence or business;
- You must be purchasing the goods for legitimate personal use and not for commercial use, use in contravention of any applicable anti-money laundering or financing of terrorism laws or legislation; and
- You must comply at all times with our terms and all applicable laws.
- You must only supply information about yourself that is correct. Should any of your registration information change, please update your profile with us via our Website or notify us immediately at the following e-mail address: email@example.com.
Please note that we may change eligibility and registration requirements from time to time at our sole discretion. Your eligibility to register and purchase goods from LOSANGE remains at the sole discretion of LOSANGE and eligibility may be revoked at any time by LOSANGE without notice.
BENEFITS OF REGISTERING
By being eligible and registering with LOSANGE you will be able to:
- Track your orders and review past purchases;
- Develop and maintain your own personalised wish list and share such with your friends, family and followers;
- Add sold out items to your wish list for immediate purchase and delivery upon such items becoming available;
- Benefit from swifter check out and purchase.
To register, please follow the link on the home page of our Website. Please keep your account details (including your password) safe and secure at all times. Please notify LOSANGE immediately of any breach of security or unauthorized use of your account. The resetting of forgotten passwords can be performed via the applicable link on the ‘Login’ page.
PERSONAL USE AND KNOW YOUR CUSTOMER CHECKS
USE OF WEBSITE CONTENT AND INTELLECTUAL PROPERTY
Please note that you shall not be entitled to in any way use any of the images, trademarks, logos, brands, marks or content contained on this Website without our prior written approval, to be obtained on a case by case basis. We reserve at all times our rights in relation to our intellectual property and by accessing our Website you undertake to comply with the restrictions of use obligations in relation to our intellectual property detailed herein and under the applicable law.
ALL DESIGNS FOR ALL GOODS CONTAINED ON THIS WEBSITE ARE PROTECTED BY AND SUBJECT TO LEGAL COPYRIGHT PROTECTION. YOU MAY NOT AT ANY TIME OR FOR ANY REASON COPY OR REPRODUCE ANY OF THE GOODS DESIGNS CONTAINED IN THIS WEBSITE. PROTECTION OF WEBSITE
You are hereby strictly prohibited (under all applicable laws, both civil and criminal) from copying any part of the code or underlying software comprising this Website and its various functions, platforms and links. Furthermore, the linking to or duplication of, this Website without our prior written permission (to be obtained on a case by case basis) is strictly prohibited and will expose you to prosecution under the applicable law.
Save for all those rights afforded to you under these terms and conditions and the applicable law, you are hereby advised that you have no right to rely on any information or representation contained in this Website or any links contained herein. LOSANGE shall not be liable for any reliance made on any information or representation contained herein unless such information or representation is governed by or regulated under these terms and conditions or the applicable law.
LOSANGE shall have no liability for any of the content of any websites linked to on this Website and you agree that any website link utilised by you on this Website shall be at your sole risk.
ALL RIGHTS RESERVED
LOSANGE reserves all its rights generally in relation to the ownership, creation and operation of this Website and all transaction undertaken in relation thereto including all contracts.
Contracts are made and orders are accepted only upon and subject to these terms and conditions and all other terms and conditions contained in the legal agreements, policies, notices and alike contained in this Website. All other conditions are hereby excluded unless expressly accepted in writing by LOSANGE.
Contracts are concluded upon our acceptance of your order. Acceptance shall be deemed to occur upon our accepting payment and dispatching the good for delivery to the address detailed in the order.
In entering into a contract with LOSANGE, you acknowledge that the contract has not been induced by any representations orally or in writing made by LOSANGE, its employees or agents.
No price indication given or made by LOSANGE shall form an offer capable of acceptance by you. A binding contract for sale shall only be created upon the acceptance and dispatch by LOSANGE of your online order by LOSANGE and your payment of the agreed purchase price via LOSANGE’s online payment portal.
LOSANGE may cancel a contract at any time before any of the goods (including any instalments) are delivered to you by giving written notice. On giving such notice, and subject to any rights that LOSANGE may have to recover sums due to it by virtue of any other provision of these terms and conditions, LOSANGE shall promptly repay to you any sums already paid in respect of the price of such goods. LOSANGE shall not be liable for any loss or damage whatsoever arising from such cancellation.
Any typographical, clerical or other error or omission in any sales literature, quotation, price list, acceptance of offer, invoice or other document or information issued by LOSANGE shall be subject to correction without any liability on the part of LOSANGE.
Where any order contains incorrect pricing LOSANGE may cancel the order or contract at anytime (including after dispatch of the goods). In such instance the goods must be returned in the delivered conditions (if received) and LOSANGE will refund the amounts paid by you.
All sales are deemed settled and concluded in the Emirate of Dubai, United Arab Emirates. The language of the contract is English.
Unless expressly stated otherwise in the online offer by LOSANGE to you, all prices quoted are on a delivered basis and include the cost of packing and postage.
Prices indicated on the Websites are quotations only and are valid for the period they appear on the Website.
All purchases will be made in the currency shown on the ‘check out’ page. The price applicable to your order will be the price current at the time your order is accepted. We are not responsible for any fees, levies, charges or exchange rates imposed or set by any bank, credit card company or other entity that is party to the payment method optioned by you in completing an order.
Upon placing your order and facilitating payment you will receive an email from us acknowledging your order details. This email is not our acceptance of your order. Such email is only a confirmation that we have received it. All sales are concluded up our acceptance of your payment and our dispatch of the ordered goods for delivery to the address detailed in your order. Once an order is placed by you, an order cannot be amended in any way. No person or entity has the authority to conclude a sale except LOSANGE.
REJECTION OF ORDER
LOSANGE may reject any order by you at its sole discretion due to any cause or factor. LOSANGE shall not be liable for any rejected order and shall be under no obligation to notify you of the reason for any order rejection.
CONDITIONS AND WARRANTIES
Whilst all descriptions and illustrations of the goods on this Website (inter alia) online catalogues, online brochures and price lists provided by LOSANGE have been carefully prepared, they are intended nevertheless for general guidance only and do not form part of any contract for sale of goods and no responsibility is accepted for any errors or omissions therein or for any loss or damage resulting from reliance on such descriptions and illustrations.
All conditions, warranties, terms and obligations, whether expressed or implied by statute, civil code, common law, custom or otherwise (including without prejudice to the generality of the foregoing, any warranty or condition as to the merchantable quality of fitness of any particular purpose of the goods) are excluded to the fullest effect permitted by law.
Where LOSANGE agree to provide specially designed goods, you agree that you are obliged to check the accuracy and suitability of such designs and that LOSANGE shall not be liable for any omissions or inaccuracies in the measurements given. Any designs produced by LOSANGE are, and remain, their property and may not be reproduced in whole or in part without written consent.
If there is a legitimate defect in the goods, you will either return those goods to LOSANGE promptly or, if the goods are retained by you, indemnify and keep LOSANGE indemnified against all liability and claims which may arise out of or are incidental to the defect.
DELIVERY BY LOSANGE
LOSANGE may utilise any carrier it so desires for the delivery of the order.
Any and all dates quoted for delivery of the goods are approximate only and LOSANGE shall not be liable for any delay in delivery of the goods howsoever caused. Time for delivery shall not be of the essence unless previously and expressly agreed by LOSANGE in writing.
For orders in excess of one unit of the goods, LOSANGE reserves the right to deliver goods by instalments and in such event each instalment shall be treated as a separate contract.
Where goods are held by LOSANGE awaiting delivery instructions, they may be subject to a storage charge. Delivery times shall be as advised in our confirmation email to you or as per industry standard if not indicated. We will notify you if we anticipate any delay in delivery.
BUYER’S FAILURE TO TAKE DELIVERY
If you fail to take delivery of the goods then, without prejudice to any other right or remedy available to LOSANGE, LOSANGE may store the goods until actual delivery and charge you for the reasonable costs (including insurance) of storage and postage.
LOSANGE’s liability to you, whether for breach of contract, misrepresentation, mis-statement, negligence or otherwise shall not in any event exceed the price of the goods under the contract.
DAMAGE, LOSS, SHORT DELIVERY
On delivery, you shall examine the goods for defects and completeness. Thereafter, no claim for damage in transit, for shortage in delivery or loss of goods will be entertained unless, in the case of damage, a separate notice in writing is given to LOSANGE and the carriers within 15 days of the receipt of the goods, accompanied by a complete claim in writing detailing the particulars of the damage, or in the case of loss of goods, a notice in writing and a claim is given to LOSANGE and the carriers within 15 days of the date of LOSANGE’ advice of dispatch to you.
In all cases a signature “unexamined” shall be deemed to be an unconditional acceptance of the goods.
LOSANGE shall not in any circumstances be liable, whether in contract or tort, to you for any indirect or consequential loss or damage (including, without limitation, loss of profits, loss of contracts or damage to property) or for any claim against you by any third party and any warranties and/or guarantees given by LOSANGE hereunder shall not be transferable to any person.
LOSANGE’ liability for damage or non-delivery of goods duly notified in accordance with the above shall in any event be limited to replacement of the goods within a reasonable time (or, at LOSANGE’ option, refunding the price thereof) whether the damage or non-delivery is due to LOSANGE’ negligence or otherwise.
You may not withhold payment of any invoice or other amount due to LOSANGE by reason of any right of set-off or counterclaim which you may have or allege to have or for any reason whatsoever.
CUSTOMER CANCELLATION OF ORDERS
Following the placing of an order by you on our Website, orders and parts thereof may only be cancelled upon LOSANGE’s written acceptance of such cancellation. Where LOSANGE accept such cancellation, LOSANGE reserves the right to charge you with the amount of any losses or expenses directly or indirectly resulting from such cancellation.
SPECIFICATIONS AND COLOURS
Each of the goods sold on this Website is sold ‘as is’. Any specifications are indicative only unless advised otherwise (via true copy of a duly issued certification, in such case the certifier shall be liable for any incorrect specifications and you agree to pursue the certifier directly for any loss). We shall not be liable for any variations to specified weights, sizes, colours, contents or qualities where such variations are typically made in the common course of carrying out trade in the jewellery industry.
Whilst we attempt to capture the true colour of goods on our Website such images are subject to variation due to the medium on which they are captured or viewed. We cannot guarantee that the colour of the goods viewed on a electronic devise match those of the goods when viewed first hand.
You shall not be entitled to any form of credit for any purchases made on this Website.
TERMS OF PAYMENT
All purchases are final subject to payment of the purchase price via LOSANGE’s online payment portal.
We accept all those payment methods indicated on our ‘check-out’ page. When you use a credit / debit care for payment you accept all risk and liability associated with such payment method. You must be the owner of such card and you are liable for any costs we incur in the event that the card issuer does not honour payment.
If paying by Paypal, please follow the procedure indicated and note that you will temporarily leave our Website to facilitate payment for the transaction.
Where payment is not honoured or in any way received in cleared funds by us, you are obligated to immediately return the goods in the condition delivered upon first notice by us.
All terms and conditions for the purchase, use and redemption of gift cards can be found on the applicable gift cards.
All terms and conditions for the use of promotional codes can be found on the communication containing said promotional code.
LOSANGE may suspend its performance of the contracts where payment is delayed or rejected by your credit or debit card provider.
In the event of legal action being taken by LOSANGE against you for breach of payment obligations hereunder, you shall be responsible for all costs and disbursements incurred by LOSANGE on a full indemnity basis.
By using this Website you hereby agree to defend, indemnify and hold us, our directors, agents, affiliates, licensors and suppliers harmless from and against any and all claims, damages, costs and expenses, including legal fees, arising from or related to your use of the Website and/or your breach of any representation, warranty, or other provision of these terms or any applicable law, including the use by third parties accessing the Website using your account caused by your action or inaction.
RISK AND LIABIILITY
Risk of damage to or loss of the goods shall pass to you at the time of delivery or, if you wrongfully fail to take delivery of the goods, the time when LOSANGE have tendered delivery of the goods. For the purpose of this Clause, “delivery” shall mean the arrival of the goods at the place of delivery of you where delivery is by LOSANGE, or the safe loading of the goods into your vehicle at LOSANGE’s premises where delivery is collected by you.
RETENTION OF TITLE
Notwithstanding delivery and the passing of risk in the goods or any other provision of these terms, the property in the goods shall not pass to you until LOSANGE have received in cleared funds payment in full of the price of the goods (and associated value added tax and postal costs) and all other goods agreed to be sold by LOSANGE to you for which payment is then due.
Until such time as the property in the goods passes to you, you shall hold the goods as LOSANGE’s fiduciary agent and bailee and you shall keep the goods separate from those of you and third parties and properly stored, protected and insured. Until that time you shall be entitled to resell or use the goods in the ordinary course of its business (you dealing as principal), but shall account to LOSANGE for the proceeds of sale or otherwise of the goods, whether tangible or intangible, including insurance proceeds, and shall keep all such proceeds separate from any monies or property of you and third parties and, in the case of tangible proceeds, properly stored, protected and insured. Whenever requested by LOSANGE, you shall produce to LOSANGE a copy of the policy of insurance relating to the goods.
Until such time as the property in the goods passes to you (and provided the goods are still in existence and have not been resold), LOSANGE shall be entitled at any time to require you to deliver up the goods to LOSANGE and if you fail to do so forthwith, to enter upon any premises of you or any third party where the goods are stored and repossess the goods.
You shall not be entitled to pledge or in any way charge by way of security for any indebtedness any of the goods which remain the property of LOSANGE, but if you do so, all monies owing by you to LOSANGE shall (without prejudice to any other right or remedy to LOSANGE) forthwith become due and payable.
At LOSANGE’s request you shall, to the extent permissible under the laws of your applicable jurisdiction and at your own cost, promptly register LOSANGE's interests in any goods held by you the property in which remains with LOSANGE with any registry which permits such interests to be registered and provide evidence of such registration to LOSANGE.
NO ILLICIT USE OF WEBSITE
You may not use this Website for illicit purposes or to cause harm or disturbance to any person or entity. You may not data mine or otherwise exploit this Website or its content. Any misuse of this Website may result in our blocking of access to your IP address.
LOSANGE shall not be liable to you or be deemed to be in any breach of the contract by reason of any delay in performing, or any failure to perform, any of LOSANGE’s obligations in relation to the goods, if the delay or failure was due to any cause beyond LOSANGE's reasonable control. Without prejudice to the generality of the foregoing, the following shall be regarded as causes beyond LOSANGE’s control:
- act of God, explosion, flood, tempest, fire or accident;
- war or threat of war, sabotage, insurrection, civil disturbance or requisition;
- acts, restrictions, regulations, by-laws, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority;
- import or export regulations or embargoes;
- strikes, lock outs or other industrial actions or trade disputes (whether involving employees of LOSANGE or of a third party);
- difficulties in obtaining raw materials, labour, fuel, parts or machinery; or power failure or breakdown in machinery.
Any provision contained in these terms and conditions which is or may be void or unenforceable shall to the extent of such invalidity or unenforceability be deemed severable and shall not affect any other provision of these terms and conditions.
Any waiver or forbearance by LOSANGE (whether express or implied) in enforcing any of its rights under these terms or any applicable law shall not prejudice any of its rights to do so in the future.
Any notice or demand given under or in connection with these terms and conditions shall be in writing and shall be delivered personally or sent by courier to the address of the recipient party stated in the order; provided that if, in accordance with the above provision, any notice or demand would otherwise be deemed to be given or made after 5.00 p.m in the country of receipt such notice or demand shall be deemed to be given or made at 9.00 a.m on the next working day in such country. A party may notify the other party of a change to its address or fax number provided that such notification shall only be effective five working days after notice of any such change has been given.
OUR LIABILITY TO YOU
By using this Website you acknowledge and agree that we have no liability or obligation to you save as those applicable under our contract of sale (if any) and that we are not liable for any damages, loss or injury suffered by you in any way.
Unless otherwise agreed in writing by both LOSANGE and you at the time of order, these terms and conditions and any dispute or claim whatsoever relating to it or its formation shall be governed by and construed in accordance with Dubai law and the parties irrevocably agree that the Honourable Courts of Dubai shall have exclusive jurisdiction. Nothing in these terms and conditions shall (or shall be construed so as to) limit the right of LOSANGE to take proceedings against you in the courts of any country in which you have assets for the purposes of enforcing any judgment or award nor shall the taking of proceedings in any one or more jurisdictions preclude the taking of proceedings in any other jurisdiction (whether concurrently or not) if and to the extent permitted by applicable law.
Any and all resulting disputes that arise in relation to your activity on or utilisation of this Website shall in the first instance be subject to amicable settlement negotiation between yourself and LOSANGE. Where no amicable settlement is attained within a reasonable time period either party may submit the dispute for resolution as above.
We thank you for your review of these terms and conditions.