Terms of Use
The Terms of Use sets out the terms and conditions applicable to your access to and use of the website www.silvazar.com which is hereinafter referred to as the “Site”.
1- Approval of The Terms
By browsing the Site, signing up, signing in or making a purchase, you acknowledge that Silvazar® reserves the right to update the Terms at any time without having to inform you. It is your responsibility to review the Terms every and each time you are directed to approve the Terms to continue using the Site or to complete a purchase. You can review the most current version of the Terms by clicking on links to the “Terms of Use,” “Cancellation Policy,” and “Refund Policy” located at the bottom of our web pages. By continuing to browse the Site and/or complete a purchase, you agree to comply with the
Terms.
A) You are responsible for all uses of the User Account (under any name or password) and for ensuring that all uses of the User Account fully comply with the provisions of the Terms. You are also responsible for protecting the confidentiality of the user’s password, if any.
B) Silvazar® has the right at any time to change or discontinue any aspect or
features of the Site, including, without limitation, the content, hours of use
of the Site, and devices required for access or use.
2- Updating Terms
Silvazar® has the right, without prior notice to you, to change or modify the Terms applicable in connection with your use of the Site or to impose new provisions. Such changes, modifications, additions or deletions shall be effective immediately from the date of their publication on the Site. The use of the Site thereof constitutes acceptance by you of such changes, modifications or additions.
3- Description of Services
The Site allows you to browse the products offered by Silvazar® and make purchases online. Silvazar® is not responsible at all for any sales made in the name of Silvazar® outside the Site or through any platform that is not endorsed by us on the Site.
4- User Behavior
A) The Site contains material protected by copyright laws, trademarks, and other proprietary information, including, but not limited to, text, images, videos, graphics, music (Referred to hereinafter as Content), which Site Content is protected by copyright laws of the United Arab Emirates. Silvazar® owns the copyright in the selection, coordination, arrangement and enhancement of such content. You may not modify, sell or reproduce any modified Content or in any way exploit any of the Content in whole or in part for commercial or profit purposes. You may take screen shots or save images only for personal use. Except as expressly permitted under copyright laws, no copies of saved or downloaded Content are permitted for re-use, reproduction, modification, publication without our written consent, nor are they permitted to be redistributed, retransmitted, published or commercially exploited without the express written permission of Silvazar®. In the event that any copying, redistribution or publication of material protected by copyright laws is permitted, you may not make changes to or delete the attribution to Silvazar®, the trademark or the copyright notice. You acknowledge you shall not acquire any proprietary rights to the Content by downloading Content on the Site.
B) You may not download the Content or any part thereof, nor use our trademark or logo without the express written permission of Silvazar®. In addition, you may not use the Content or any part thereof nor publish it via any other platform, be it online or offline, without the express written permission of Silvazar®. By doing so, we are entitled for litigation against you and against any third party that uses or publishes the Content across any media or platform whatsoever and we shall be entitled for monetary compensation in proportion with the damage and loss incurred by such breach of the Terms.
5- Member Account, Password and Security
(A) You can complete a purchase as a guest. However, as per the latest regulations of the United Arab Emirates and GoAML by the UAE Federal Bank in an attempt to fight money laundering, before you check out, you will be required to provide a valid email and phone number, together with your name and address, which name may be verified by requesting a copy of your credentials for items that are valued at $2,599 USD and above, for the shipping company to deliver the purchased item on the one hand and for the insurance company, on the other, in case the item you bought was damaged or lost while being shipped to you, as all our items are insured. A verification link shall be sent to the email you provide to complete the process. You should have access to the email you provide and click the link for us to verify the email address you enter. We may use a similar procedure to verify the phone number. Should you provide a wrong address, you shall be responsible for failure of delivery, delay, return of 3 shipment and/or eventually any extra costs that may incur to get the shipment to the amended address. Should you provide incorrect credentials when requested, you may fail to benefit from the insurance policy as all insurance companies require valid credentials at the time the item is purchased. You acknowledge that Silvazar® shall not be liable to you or to any third party for any incorrect or incomplete details you provide.
(B) If you choose to sign up, you must complete the registration process by providing Silvazar® with current, complete and correct information in accordance with the applicable registration form. You will also have to choose a password and user name, which username will be the email address you enter. You will be fully responsible for maintaining the confidentiality of the password and user account. You are additionally responsible for any and all activities that occur under the name of your user account.
(C) You agree to notify Silvazar® directly via email (support@silvazar.com) of any unauthorized use of your account or any other breach of security. Silvazar® will not be liable for any losses that may incur as a result of the use of your password or account, whether such use is with or without your knowledge. Rather, you may be liable for any losses incurred to Silvazar® as a result of the use of your user account or password, whether such use is with or without your knowledge.
6- Deleting User Account
Silvazar®, at our sole discretion, has the right to immediately delete your account at any time and without having to provide any justification to you or to any third party.
7- Our Ultimate Right to Cancel Your Order
(A) Silvazar® has the right to cancel your order in any of the following cases:
i) Suspicion of transaction country of origin. United Arab Emirates complies with UN regulations and sanctions against a number of countries around the world. We, as a company incorporated by virtue and under the laws of the UAE, comply with UAE regulations and directives. At anytime we may believe that the transaction has been executed from a sanctioned country, we shall cancel the transaction and share with the concerned UAE authorities all the details we have about the transaction.
ii) Suspicion of the individual or organization making the purchase. In compliance with the UAE regulations, Silvazar® shall not deal nor sell to sanctioned individuals and organizations once Silvazar® has valid details or suspects that the buyer has been sanctioned by the UAE and/or the UN. 4
iii) Buyer’s failure to provide or refrain from providing the required credentials before or during the completion of a transaction.
(B) Silvazar® shall only refund the money of a canceled transaction upon the request of the concerned UAE authorities or in compliance with whatever such authorities decide. And Silvazar® shall not be liable to the Buyer or any third party should the Buyer be found to be a sanctioned individual or organization or executing the transaction from a sanctioned country.
8- Disclaimer of Warranty; Limitation of Liability
(A) You expressly agree that you will use the site at your own risk. Neither Silvazar®, nor any of its affiliates or employees, warrants that the Site will be uninterrupted or error-free.
(B) The Site is provided on an "as is" basis without warranties of any kind, express or implied, including, but not limited to, implied warranties of merchantability and fitness of a product for a particular purpose, except those warranties expressly stated on the Site.
(C) This disclaimer applies to any damages or injuries caused by any failure of performance, error, negligence, interruption, deletion, defect, delay in operation or transmission, Internet failure, theft, destruction, unauthorized access, or alteration of use or any other cause. You specifically acknowledge that in no event shall Silvazar®, or any person or entity involved in the creation, production or distribution of the Silvazar® products, be liable for any damages, including, without limitation, direct, indirect, incidental or special damages or consequential or punitive consequences arising from the use of or inability to use the Site. Accordingly, you acknowledge that the provisions of this paragraph apply to the entire Content of the Site.
(D) In addition to the above, you acknowledge that neither Silvazar® nor any of its affiliates, employees or shareholders, shall be liable to you or to any third party, regardless of the cause or duration of any errors or incorrectness of any details, any omissions or any other defects in the information available on the Site, or its unreliability or untimely availability, or for any delay or interruption in the transmission of information to you, or for any claims or losses arising therefrom or incurred as a result. Neither Silvazar® nor any of its affiliates, employees or shareholders, will be liable toward any third-party claims or losses of any nature, including, without limitation, lost profits or punitive or consequential damages.
(E) Before completing a purchase, you are advised to consult with your physician, or in the manner you deem appropriate, if you have any allergies to the metals used in the products, which metals are gold, white gold, silver, platinum and Rhodium; or the gemstones, which gemstones are all natural and not synthetic; and the leather, which leather is always genuine leather and not veggie or synthetic, as neither Silvazar® nor any of 5 its affiliates, employees or shareholders shall bear any responsibility towards you or any third party.
9- Force Majeure
(A) Silvazar® will not be liable for any failure or delay in performance in the event of circumstances beyond its reasonable control, including, but not limited to, acts of God, war, riots, embargoes, acts of civil or military authorities, fires, floods, accidents, epidemics and pandemics. including COVID-19 or any advanced strain thereof, interruption of service caused by equipment failure, software failure, communication failure, power failure, internet failure, and/or the failure of any third-party service providers (including Shipping and Internet and Telecommunication Service Providers).
(B) The affected party of any such event shall notify the other party within a maximum period of Five (5) business days from the date of its occurrence. The performance of the said Agreement shall then be suspended for as long as any such event will prevent the affected party from performing its obligations under this Agreement.
10- Links to Third-Party Websites
(A) Links on the Site, if any, will allow you to leave the Site and browse external sites. These sites are not under the control of Silvazar® and we are not liable for the content of those websites nor for any hyperlinks within those sites. Silvazar® accepts no responsibility for the webcast or any other form of transmission that may be received from any such hyperlink websites. Silvazar® provides these links to the user for ease of access only, and the inclusion of any electronic link on the Site does not imply endorsement of that link by Silvazar®.
11- Indemnification
You agree to hold harmless and indemnify Silvazar® and its affiliates, directors, officers, employees and shareholder against any loss and harm incurred by any litigation by you or any third party, deliberate or indeliberate negligence, action or inaction, and any expenses wherefrom the aforementioned and against whatever that may damage the reputation of Silvazar® or may result in financial and/or in-kind damages. You also agree to indemnify Silvazar® against any loss that Silvazar® may suffer by any third party, including legal fees, which may arise from your use of the Site and/or the purchasing of our products, or the use of your user account with or without your knowledge.
12- Dispute, Arbitration and Litigation
In the event of a dispute resulting from the Terms or any other valid reason. You and Silvazar® agree to resolve the dispute amicably. In the event the 6 proposed outcome of such amicable negotiations to resolve the dispute is not satisfactory to you or to Silvazar®, you agree the dispute is entrusted to SCCI (Sharjah Chamber of Commerce and Industry) Arbitration Center for a resolution. You also agree that, whatever the resolution by the SCCI Arbitration Center is, such resolution shall be binding to you and to Silvazar®. You also agree and acknowledge that you waive your right for litigation against Silvazar® and/or any of its officers, directors, shareholders, employees and affiliates. You also agree that in no event shall Silvazar® waive its right for litigation against you or against any third party whatsoever in the event Silvazar® has evidence that you are linked to any sabotaging, defaming and/or forging actions or attempts against Silvazar® or inflicting damage, be it financial, in-kind, personal psychological or whatever to Silvazar® and/or any of its officers, directors, shareholders, employees and affiliates.
13- Miscellaneous Provisions
(A) This Agreement, and any operating rules set forth by Silvazar®, constitute the entire agreement between the parties with respect to the subject matter of this Agreement, and supersedes all prior written or oral agreements between the parties relating to the subject matter of this Agreement.
(B) This Agreement shall be construed in accordance with the laws of the United Arab Emirates without regard to any conflict between it and the laws and provisions.
(C) No waiver by Silvazar® of any breach or error under this Agreement shall be deemed a waiver of any prior or subsequent breach or error.
(D) The titles of the articles in this Agreement are for convenience only and should not be given any legal character.
14- Copyright Notice
All Silvazar® logos and trademark are owned by Silvazar®; all rights reserved. All other trademarks, if any, appearing on the Site are the property of their respective owners.