1. Introduction
The use of the domain www.karimajewellery.com and the Platform (as defined below) (the domain www.karimajewellery.com and the Platform referred to together as “Website”) is subject to the terms and conditions set forth below (“Terms and Conditions”). Your use of the Website indicates your acceptance of these Terms and Conditions; please read these Terms and Conditions carefully before using the Website and print a copy thereof for future reference.
If you do not agree to these Terms and Conditions, please exit the Website and be advised that you must not use it.
These Terms and Conditions refer to our Privacy Policy which also contains our Cookie Policy. The Privacy Policy applies to your use of the Website.
If you do not comply with these Terms and Conditions at all times when using this Website, we reserve the right to deny or restrict your access to the Website. These Terms and Conditions apply regardless of the means by which the Website was accessed, including, but not limited to, through the URL address, electronic mail, or links from other sites.
The headings of each Section of these Terms and Conditions do not affect interpretation.
The Sections of these Terms and Conditions are not set out or grouped in any particular order.
Any reference to “you”, “your” or other similar expressions is a reference to any user of the Website.
2. The Platform
The Platform is described as the online platform hosted on www.karimajewellery.com, including all its features, functionalities and data components as available from time to time (the “Platform”).1. IntroductionThe Platform is described as the online platform hosted on www.karimajewellery.com, including all its features, functionalities and data components as available from time to time (the “Platform”).
Karima Sàrl has its registered office at Chemin de Lulasse 21, 1253 Vandoeuvres, Switzerland, registered under IDE number CHE-248.310.368. The object of Karima Sàrl is the creation, purchase and sale of jewelry, design objects and watches, as well as related products.
Our website is hosted on BlueHost. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content, except for credit card information, may be transferred unencrypted and involve (i) transmissions over various networks and (ii) changes to conform and adapt to technical requirements of connecting networks or devices.
Your credit card information is always encrypted during transfer over networks.
3. Profile Creation
Upon successful creation of a profile, a user will be formally required to agree to these Terms and Conditions; an agreement will be deemed to have been concluded between us and the user.
For the avoidance of doubt, these Terms and Conditions apply to any use of the Website by any user regardless of whether or not a user has created a profile.
4. Price modifications
4.1 The prices of our products are subject to change without notice.
4.2 We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of any product or service on the Website.
5. Products and services
5.1 Certain products or services may be available exclusively online through the Website. These products or services may have limited quantities.
5.2 We have made every effort to display as accurately as possible the color, design, style, etc. of our products that appear at the store, nevertheless, slight variations, distortions and/or differences may appear with respect to the original product. Consequently, we cannot be held responsible for apparent differences between the images of the products represented on the Platform and the original products.
5.3 We reserve the right, but are not obligated, to limit the sales of our products to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
5.4 We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the service on our Website will be corrected.
6. Billing and account information
6.1 We reserve the right to refuse any order you place with us. We may, at our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made.
6.2 You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
7. Platform modifications
We may update and make changes to our Platform from time to time as we may deem appropriate.
We are under no obligation towards users to change or adjust the Platform, unless such change is required by law, court order or other binding order.
You agree that we will not be liable to you or any third party as a result of such modification.
8. Suspension or withdrawal
We do not guarantee that the Website, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our Website for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.
9. Account safety
9.1 If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential and you must not disclose it to any third party.
9.2 We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use.
9.3 If you know or suspect that anyone other than you knows your user identification code or password, you must promptly cease using the Platform and notify us at info@karimajewellery.com.
9.4 In all events, we are not responsible of any order made by you or someone else using your identification code or password.
10. How you may use material on our Platform
10.1 Subject to these Terms and Conditions, you may print off one copy, and may download extracts, of any page(s) from our Platform for your personal use. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
10.2 Our status as the owners of the Platform must always be acknowledged. For specific intellectual property rights provisions, please refer to Section 11.
10.3 You must not use any part of the content on our Platform for commercial purposes without obtaining a licence to do so from us or our licensors.
10.4 If you print off, copy, download, share or repost any part of our Platform in breach of these Terms and Conditions, your right to use our Platform will cease immediately and you must, in the event we request you to, return or destroy any copies of the materials you have made.
11. Intellectual property
11.1 Karima Sàrl is the sole and exclusive owner of the Platform and all IP Rights associated with or arising from or comprised in the Platform or other content provided via the Platform, including models, feed formats, software, templates, questionnaires, databases or materials forming part of the Platform, all enhancements, modifications, improvements or additional services applicable thereto and all documentation, computer programs, systems, customizations, enhancements, websites, any information about your interactions with the Website and the metadata of such interactions.
“IP Rights” means patents, rights in inventions, know-how, show-how and trade secrets, copyright and related rights, moral rights, registered designs, designs, design rights, software, algorithms, all object code and source code, works of authorship, audiovisual works, characters, concepts, expressions, semiconductor topography rights, trademarks and service marks, trade names, business name, brand names, logos, moral rights, goodwill and rights to sue for passing off and any other intellectual property rights (in each case, whether or not registered, and including all applications to register and rights to apply to register any of them and all rights to sue for any past or present infringement of them) and all rights or forms of protection having equivalent or similar effect in any jurisdiction and the right to sue for damages for past and current infringement (including passing off and unfair competition) in respect of any of the same.
11.2 You are not permitted to use any logo and/or trademark and/or company name owned by Karima Sàrl or that is otherwise displayed on or referred to in the Platform without our express prior written permission.
11.3 You undertake not to do or cause to be done any act or omission that might in any way adversely affect any rights of Karima Sàrl in and over the Platform, any registration or any application for registration of any IP Rights related to the Platform in any jurisdiction in the world, or which might reduce the value of the Platform and the IP Rights related thereto or detract from the reputation, image or prestige of Karima Sàrl.
11.4 You acknowledge that, as a reasonable protection of the proprietary rights in the Platform and to avoid any breach of our obligations to third parties including users, any dissemination or distribution of the Platform or any data or information identical to, or derived from, the Platform by you shall, other than as permitted expressly under these Terms and Conditions, be deemed a material breach.
12. No text or data mining, or web scraping
12.1 You shall not conduct, facilitate, authorise or permit any text or data mining or web scraping in relation to our Website or any services provided via, or in relation to, our Website. This includes using (or permitting, authorising or attempting the use of):
12.1.1 Any “robot”, “bot”, “spider”, “scraper” or other automated device, program, tool, algorithm, code, process or methodology to access, obtain, copy, monitor or republish any portion of the Website or any data, content, information or services accessed via the same; and
12.1.2 Any automated analytical technique aimed at analysing text and data in digital form to generate information which includes but is not limited to patterns, trends and correlations.
12.2 This Section shall not apply insofar as, but only to the extent that, we are unable to exclude or limit text or data mining or web scraping activity by contract under the laws which are applicable to us.
13. We are not responsible for websites we link to
13.1 Where our Website contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them
13.2 We are not responsible for the content or accuracy of these sites or resources as we do not have control over them.
13.3 If you choose to click through any link to off-site pages or third-party sites, it should be at your own risks.
14. How to complain about or report content
If you wish to complain about any content, please contact us on info@karimajewellery.com.
15. Liability
15.1 Subject to Section 15.3,we shall not be liable to you for any loss or damage arising under or in connection with:
15.1.1 use of, inability to use or error of, our Website; or
15.1.2 use of or reliance on any content displayed on our Website.
15.2 Without limiting the foregoing, everything on the Platform is provided to you “AS IS” AND “AS AVAILABLE” AND, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, REASONABLE CARE AND SKILL, OR NON-INFRINGEMENT.
15.3 To the fullest extent permitted by law, and except for damage caused by intent or gross negligence, we shall not be liable in any manner for direct, indirect, incidental, consequential, loss of data, income or profit, punitive damages and/or claims of third parties resulting from the use of, access to, or inability to use the information and/or the products offered on the Website or any damages arising out of or in connection with the use of the Website.
15.4 You warrant that you will be liable to us and indemnify us for any breach of any warranty or obligation provided for in these Terms and Conditions.
16. We are not responsible for viruses or other harmful components and you must not introduce them
16.1 We do not guarantee that our Website will be secure or free from bugs, viruses or other harmful components.
16.2 You are responsible for configuring your information technology and computer programmes to access our Website. You should use your own virus protection software.
16.3 We are not responsible and liable for any damages due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of or browsing of the Website or your downloading of any material from the Website or any websites linked to the Website.
16.4 You must not misuse our Website by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Website, the server on which our Website is stored or any server, computer or database connected to our Website. You must not attack our Website via a denial-of-service attack or a distributed denial-of service attack or by any other means. By breaching this provision, you would commit a criminal offence under applicable laws and regulations. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Website will cease immediately.
17. Rules about linking to our Website
17.1 You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it and you obtain our prior approval.
17.2 You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
17.3 You must not establish a link to our Website in any website that is not owned by you.
17.4 Our Website must not be framed on any other site, nor may you create a link to any part of our site other than the home page.
17.5 We reserve the right to withdraw linking permission without notice.
If you wish to link to or make any use of content on our Website other than that set out above, please contact info@karimajewellery.com.
18. Errors, inaccuracies and omissions
18.1 Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
18.2 We have no obligation to update, amend or clarify information in the Service or on the Website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
19. Prohibited uses
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (i) for any unlawful purpose; (ii) to solicit others to perform or participate in any unlawful acts; (iii) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (iv) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (v) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (vi) to submit false or misleading information; (vii) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (viii) to collect or track the personal information of others; (ix) to spam, phish, pharm, pretext, spider, crawl, or scrape; (x) for any obscene or immoral purpose; or (xi) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website with or without notice to you for violating any of the prohibited uses.
20. Severability
If any provision of these Terms and Conditions is or is held to be illegal, invalid or unenforceable, this shall not invalidate any of its remaining provisions. We shall use all reasonable efforts to replace the invalid or unenforceable provision by a valid provision the effect of which is as close as possible to the intended effect of the invalid or unenforceable provision.
21. Amendments
21.1 We may amend these Terms and Conditions from time to time.
21.2 You are advised to review these Terms and Conditions at each time you wish to use the Website in order to ensure you understand the terms that apply at that time. These Terms and Conditions were most recently updated on October 2024.
22. Termination
22.1 The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
22.2 These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Website, or when you cease using it.
22.3 If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms and Conditions, we also may terminate this agreement at any time without prior notice and you will remain liable for all amounts due up to the termination date and/or we have the right to deny you access to our Website (or any part thereof).
23. Entire Agreement
23.1 The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
23.2 These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
23.3 Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
24. Governing law and jurisdiction
This Agreement shall be governed by and construed in accordance with the laws of Switzerland and the courts of Geneva shall have authority over any dispute that may arise from the execution or interpretation of these Terms and Conditions, subject to possible appeal to the Federal Court.
