fbpx
December 2, 2020

CONDITIONS OF SALE: KINGS E-BOUTIQUE AND CUSTOMER CONTACT CENTER

Updated: 2nd August 2020

The following terms and conditions and any other related rules that are adopted by Kings and made available as provided herein (collectively, the “Conditions of Sale”) shall apply to all sales of products that you (the “Customer” or “you”) may order from Kings Gold Smith, Umm Al Tarafah, Sharjah, U.A.E., a corporation organized and existing under the laws of Abu Dhabi and having its corporate headquarters at 4th Street, Sharjah, U.A.E. (“Kings, or referred to herein as usour or we”) on the Internet via the Kings website, identified by the domain name www.KINGS.ae, and any associated mobile or digital applications that refer to these Conditions of Sale (together, the “Platform”) or by phone via the client relations center of Kings (the “Client Relations Center”).

These Conditions of Sale apply only to sales made through the Platform or by phone directly through the Client Relations Center by individuals who are citizens of, or residents living in the United Arab Emirates at the time of placing the order. The Conditions of Sale applicable to any order placed through the Client Relations Center or the Platform are those in force at the time that an order has been placed on your behalf by a Kings Ambassador (in the case of an order placed through the Client Relations Center) or at the time you place your order (in the case of an order placed through the Platform). In the case of an order placed through the Platform, when you check the “I have read and I accept the Conditions of Sale” box at the payment section of the Platform before placing your order with Kings, you indicate your acceptance of these Conditions of Sale. If you refuse to accept these Conditions of Sale, you will not be able to order any Kings products from the Platform or the Client Relations Center. Sales conducted through Kings retail boutiques (a “Kings Retail Boutique”) and/or authorized retailers are not subject to these Conditions of Sale.

Please read the Conditions of Sale and check our Platform on a regular basis to be informed of any changes. Kings may modify the Conditions of Sale from time to time, at its sole discretion, and your continued use and/or registration following such change will signify your agreement to be bound in the future by the modified Conditions of Sale.  If you are placing an order through the Platform, then by checking the “I have read and I accept the Conditions of Sale” box and placing your order, you will be indicating your agreement to be bound by the Conditions of Sale as so modified through such time. Persons wishing to use the Client Relations Center or the Platform will also be deemed, by virtue of such use, to have agreed to be bound by our Platform Terms of Use and our Privacy Policy, which are incorporated into these Conditions of Sale by reference.  Customers using the Client Relations Center will be provided with access to our Privacy Policy as set forth in “Acknowledgment of Order” below.  If you do not agree to any change to the Conditions of Sale, then you must immediately contact the Client Relations Center to cancel your registration and refrain from ordering any Kings product through the Client Relations Center or the Platform.

Only individuals (and not legal entities) who (a) have reached the age of majority (eighteen (18) in most countries), (b) have the legal capacity to enter into contracts. If you are under the age of majority or otherwise cannot lawfully enter into a contract, you must have your parent or guardian place an order on your behalf and thereby assent to these Conditions of Sale. Any orders placed in violation of this provision shall be null and void.

By placing an order through the Client Relations Center or on the Platform, you represent and warrant that you are a bona fide end-user customer and will not deliver, sell or otherwise distribute Kings products or purchase Kings products for commercial purposes or any other commercial benefit.

All orders placed through on the Platform are subject to availability and acceptance by Kings.

Kings reserves the right to change the assortment of items offered on the Platform or through the Client Relations Center and may limit from time to time the quantity of Kings products that may be ordered by a Customer in a single buying session, without prior notice. Kings further reserves the right to refuse at any moment in time, without prior notice, orders exceeding a certain number of authorized products. Currently, orders may not exceed five (5) products in any buying session on the Platform or through the Client Relations Center.

The Client Relations Center and the product pages on the Platform can provide you with information regarding products that are currently available for sale through those channels. Please note that only merchandise displaying an “Add to Shopping Bag” icon is available for sale through the Platform.

In order to place an order ­on the Platform, you or the Kings Ambassador (on your behalf) may either register and create an online account on the Platform or place an order as a guest without creating an online account by selecting the “Guest Checkout” option. In order to create this account, you will be required to provide valid and up-to-date personal information, such as your legal name, phone number and e-mail address, and to confirm that you have reached the age of majority.

If you select the “Guest Checkout” option, you will have the option to create your Kings online account upon receiving the Order Confirmation. Please note that in such a case, your Kings online account will not include transactions made prior to the creation of your account.

Upon completion of your account registration on the Platform or by the Kings Ambassador, you will receive by email a one-time password, which will allow you to log in to your account on the Platform and create a permanent account login and password.  You will also receive a second email summarizing the personal information you provided in registering for your online account.  You are responsible for ensuring that your password and account login are kept secret, safe and secure at all times. Kings will not be held responsible or liable for any misuse of your account in connection with, and/or resulting from, a third party’s access to and use of your password and account login.

Please refer to our Privacy Policy and Section 7 of these Conditions of Sale for more details about how we may use your personal information. If you select the “Guest Checkout” option on the Platform, your online account will not be created and we will not use your personal information for any purpose other than in connection with processing your order.

When placing an order on the Platform you will be required to provide other personal information as applicable, such as shipping address, billing address and payment details. Additional information may be collected by Kings or its third-party providers at this time for security and anti-fraud purposes. 

You represent and warrant that the personal information you provide to the Client Relations Center or via the Platform is true, valid, complete and up-to-date in all respects, and you confirm that you are the person referred to in the shipping (unless the item is a gift) and billing information provided.

Should any of the information you provide to the Client Relations Center or on the Platform change, please log in to your account and update such information directly on the Platform, inform the Client Relations Center or notify Kings at the following e-mail address: [email protected], or as set out in our Privacy Policy.

If you are ordering on the Platform, orders will be processed as follows: Once you have chosen a product, click on the “Add to Cart” icon to place this product in your shopping bag. You may then decide to continue shopping for other products and add them to your shopping bag (subject to availability and quantity limits) or proceed to “Checkout” by clicking on this button. You may also remove one or several products you have selected by clicking on “X” next to the chosen product in the Shopping Bag. Once on the payment page, review your order details and personal information (including email, shipping address, billing address, and payment information), check the box next to “I have read and I accept the Conditions of Sale”. Then, click on “Pay Now” to place your order.

Notwithstanding anything to the contrary provided for herein, Kings reserves the right to refuse, cancel and terminate orders at any moment in time. For example, Kings may refuse, terminate or cancel your order if there is an ongoing dispute concerning payment of a prior order or if Kings suspects, in its sole discretion, that you have engaged in fraudulent or grey market activities or have otherwise violated these Conditions of Sale.

All prices shown on the product pages of the Platform or quoted by the Client Relations Center are in U.S. Dollars except residents of the U.A.E. which are shown in AE Dirhams.

Kings reserves the right to modify prices and delivery costs at any time without prior notice.

Actual shipping costs and applicable taxes will be reflected on your payment page before you are asked to confirm and pay for your order (in the case of a Platform order) and will also be reflected in the Confirmation of Order (which will be without currency conversion charges). Delivery costs, if any, are described in the shipping policy set forth below. Sales and use taxes will vary based on the location to which products are being shipped. Delivery costs and estimated sales and use taxes are not stated on the product pages but will be added to the product price, if applicable after you have chosen your delivery location and options.

The actual sales tax associated with your purchase will be calculated at the time when your order is to be shipped, at which point you will receive a Confirmation of Order. Please note that changes to applicable law between the date your order is placed and the date you are sent a Confirmation of Order may result in changes to the sales tax associated with your purchase. If the resulting change is an increase in the sales tax you are charged, we will contact you and ask that you reconfirm your purchase.

Kings accept the following credit cards: Visa, MasterCard, Diners Club International, Discover, and American Express. Kings may add or deduct any credit card providers without prior notice.

When ordering on the Platform, you will need to enter your payment details on the appropriate form. ­

All credit/debit cardholders are subject to validation checks and authorization by the card issuer. If the issuer of your payment card refuses to authorize payment to Kings, you will need to contact your card issuer directly to solve this problem, and Kings will not be liable for any delay or non-delivery.

In order to process your order, we may perform security checks on your credit card. The full amount of your purchase will be blocked on your credit card until your order is approved by Kings, and your credit/debit card shall be charged once all the security checks have been performed by Kings. By submitting an offer to purchase Kings products on the Platform or through the Client Relations Center, you expressly authorize Kings to perform such security checks, where Kings deems 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 credit card number, to authenticate your identity, to validate your credit card, to obtain a credit card authorization and to authorize individual purchase transactions.

Kings take precautions — including administrative, technical, and physical measures — to safeguard your personal information against loss, theft, and misuse, as well as against unauthorized access, disclosure, alteration, and destruction. Kings uses Secure Sockets Layer (SSL) encryption on all web pages where personal information is collected. Unfortunately, transmitting information over the Internet is not completely secure. Although we will implement appropriate measures to protect your personal information, we cannot guarantee the security of the data you transmit; any transmission is at your own risk and we cannot be held liable. For more information about how we use and protect your information please view our Privacy Policy.

Kings are prohibited under U.A.E. law from making sales of its goods to individuals or companies designated on the Office of Foreign Assets Controls (“OFAC”) Specially Designated Nationals (“SDN”) List, or to country destinations sanctioned by the U.A.E. Any such transactions will be declined. 

You may also pay by using PayPal, as indicated on the Platform.

Kings may use your information to confirm with third-party firms for security checks on the transaction and may provide the detailed information of your order to Paypal for any chargeback related issues if may arise.

We only accept bank wire transfer for orders placed through the Client Relations Center. We do not charge a fee for bank wire transfers for orders made through the Platform or Client Relations Center; 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 e-mail. If your wire transfer payment is not credited into our bank account within fourteen (14) days after you have placed your order, your order will be canceled.

You should carefully check and confirm all details on the payment page before placing your order through the Platform, including without limitation the particulars of each sale. In the case of an order being placed through the Client Relations Center, the Kings Ambassador may verbally ask you to confirm the details of your order.

Once you have made your choice and your order has been placed on the Platform, you will receive an Acknowledgment of Order by email, acknowledging the details of your order. This Acknowledgment of Order will contain an Order Reference Number assigned by Kings. Please make sure that you save this Order Reference Number for any future inquiries regarding your order. This Acknowledgment of Order is not an acceptance of your order. Following the transmission of the Acknowledgment of Order, Kings will conduct its usual credit, anti-fraud, security and related legal checks and, if acceptable, will then process your order.

These Conditions of Sale will be provided to you with the Acknowledgement of Order through either email link or pdf. Please carefully review these Conditions of Sale upon receipt.

Upon shipment of your order, following completion by Kings of its anti-fraud, security and related legal checks, Kings will send you by email a written Confirmation of Order. The written Confirmation of Order constitutes the acceptance of your order by Kings and indicates the existence of a binding sales contract.

The Acknowledgement of Order and Confirmation of Order that are sent to you by email are deemed to be received when you are able to access them on your computer, mobile or handheld device.

The Confirmation of Order and any automatic recording systems used by the Client Relations Center or the Platform will be proof of a binding agreement between you and Kings.

The following complimentary services may be offered, free of charge, on the Platform or by the Client Relations Center Ambassador:

14.1. Gift wrap, Kings bag, and Kings special packaging
All packages are delivered gift wrapped, with a Kings bag and in Kings special packaging (where applicable).

14.2. Gift note
You may personalize your order by adding a personalized note that will be printed by Kings on gift cards for each product to be included in your order package. Kings reserves the right to reject gift card notes it deems offensive or inappropriate to be sent on Kings-logo stationery.

14.3. Engraving / Embossing
Engraving and embossing may be available on specific models such as rings and bracelets. Engraving /embossing service offered complimentary on applicable products where notated on the website product pages and consistent with the number of characters and placement offered. If you wish to have your applicable Kings product engraved or embossed, please provide the details on the Platform or to the Kings Ambassador at the time of order. Engraved or embossed products cannot be returned to Kings for exchange or refund.

We only accept orders for delivery to addresses mentioned on the shipping page or on the list of countries shown during checkout. Please note that Kings does not ship to PO boxes, APO/FPO addresses or hotels.

We will use reasonable efforts to ensure the following estimated delivery lead times from the date of your order:

Delivery Service

Provider Estimated
Delivery Lead Time
Charge to Customer

Standard

FedEx 5-7 Business Days* Free for all orders

Express

FedEx 3-5 Business Days* (subject to stock availability) $100

*Friday, Saturday and U.A.E. federal holidays will not be considered as a regular business day with respect to estimated delivery lead time.

When estimating package delivery time, please allow time for manufacturing time (8-10 days), credit approval, address verification and order processing. Once the order is processed and ready for shipment, we will send you the Confirmation of Order by email.

When ordering on the Platform or through the Client Relations Center, you will receive an email notification with the tracking information related to the delivery of goods.

Each delivery package will contain, in addition to your purchased Kings product: (i) all related accessories, if any; (ii) Product User Guide, as applicable, and the Warranty Card and/or Certificate of Authenticity, as applicable; (iii) printed gift note(s) containing your message, if so requested by you when you place your order; (iv)the packing slip without price.

When ordering products on the Platform or Client Relations Center, you will receive an invoice that will be sent to your email address as a .pdf attachment.

Kings insures each purchase during the time it is in transit until it is delivered to you. We require a signature by an adult to confirm your acceptance of each Kings product delivered, at which point responsibility for your purchased goods passes to you. If you have specified a recipient who is not you for delivery purposes (for example as a gift) then you understand and accept that evidence of a signature by such recipient (or at that delivery address) is evidence of delivery and fulfillment of the sale contract by Kings and transfer of responsibility to the recipient in the same way as if the product had been delivered to you.

In order to ensure your total satisfaction, a Customer may return Kings products in accordance with the return and exchange policy set forth below. Returns of Kings products that are not in compliance with the conditions set forth below may be rejected by Kings and will be sent back to the Customer or Gift Recipient, as the case may be.

Please read carefully before making your purchase. We make your jewelry according to the information you provide. If for any reason the information you provide is incorrect, we out of loyalty will split the cost by replacing the miss-sized item with a new one if you return the miss-sized item to us with its original condition. We will issue you a 50% in-store credit based on the original purchase price of the item when it was purchased for the new item. You, the customer will be responsible for the remaining 50% cost of making you a different sized item. You will also be responsible for the return shipping costs.

16.1. Return Period

Kings creations purchased through the Kings e-boutique (website) may be exchanged for merchandise credit within fourteen (14) days following delivery. Merchandise must be presented in its original packaging and accompanied by the appropriate sales receipt. Engraved, embossed, special order, personalized, made to order creations and items that show sign of wear cannot be exchanged or returned. All returns and exchanges are subject to the further terms and conditions set forth below.

16.2. Return Process

Products that have been purchased on the Platform may be returned to the Kings e-Boutique distribution center at the following address: Attention: E-Commerce Returns, Kings Gold Smith, Umm Al tarafah, 4th Street, Sharjah, U.A.E.

Products that have not been purchased on the Platform or through the Client Relations Center ­may NOT be returned to the Kings e-Boutique distribution center.

If a Customer wishes to return a product to the Kings e-Boutique distribution center, then such person must comply with the following steps:

i)      Call the Client Relations Center to request a Return Authorization Number (RAN). This number is required prior to returning any product originally purchased from the Kings e-Boutique by Internet or by phone with the Client Relations Center to Kings,

ii)     Fill out the required information, list the applicable Return Authorization Number (RAN) on the return/exchange form,

iii)    Include the completed return/exchange form with the product, all its accessories, the User Guide, the Warranty Card and all other documents, in its original box and delivery package,

iv)    Seal the delivery package.

v)     Bring the package to any FedEx location or call FedEx to arrange pick-up.

Should the Customer decide to return a purchased item within the 14-day period, Kings and the Customer, agree that Kings maintains a special interest in the merchandise and will, therefore, purchase insurance on the returned merchandise. Kings are under no obligation to do so but will take this initiative for the Customer’s or Gift Recipient’s convenience.

The Customer or Gift Recipient, as the case may be, must keep a proof of return shipment and the FedEx tracking number, and Kings accepts no liability in the event that such proof cannot be produced. Only merchandise received by the Kings e-Boutique distribution center will be eligible for an exchange.

Upon receiving a return, Kings will verify that the returned product satisfies the conditions of the return policy and, if so, then proceed with the applicable exchange.

16.3. Conditions to Return a Product

Kings products must be returned in a new and unused state, in perfect condition, with all protective materials in place and tags and stickers attached to them (if applicable), as well as with the original Kings box and delivery package, including all accessories and documents. Kings will not accept any return if the product shows signs of wear or has been used or altered from its original condition in any way.

Engraved or embossed products, as well as a special order, personalized and made-to-order creations, cannot be returned to Kings for exchange, merchandise credit, or refund.

All returns will be subject to strict Quality Control (QC) by Kings to ensure that the returned products satisfy these requirements. If the products do not meet QC standards, Kings will refuse the return, and the products will be sent back to the Customer or the Gift Recipient, as applicable. If the returned product satisfies Quality Control (QC), Kings will proceed with the applicable refund or exchange.

16.4. Merchandise Credit

Should a product be returned to the Kings e-boutique distribution center by the Customer or the Gift Recipient, a Customer is entitled to receive an exchange. A Gift Recipient is not entitled to receive an exchange. In no event will a merchandise credit be issued by the Kings e-Boutique distribution center.

Should a product be returned to a Kings Retail Boutique, the Customer or Gift Recipient is entitled to receive merchandise credit. No refunds will be issued by a Kings Retail Boutique.

If a Customer’s return complies with the return policy, Kings will use reasonable efforts to give customers a store credit according to the terms mentioned above.

For any repair inquiries, please contact our Client Relations Center by emailing [email protected]

Due to security reasons, your purchase shall only be shipped to the billing address as the products fall into the high-value category.

We try to ensure that the information, including product descriptions, dimensions, and colours, provided on the Platform, in advertisements or catalogs or as provided by the Client Relations Center is accurate and complete. However, we make no guarantees, whether express or implied, in relation to the accuracy, reliability, and completeness of such information.

To the fullest extent permitted by applicable law, we disclaim and exclude all other terms, conditions, and warranties in relation to the products and any orders placed through the Platform or Client Relations Center, 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 percent (100%) of the price of the product(s) in your order.

If any provision or part of a provision, of these Conditions of Sale, is deemed to be illegal, invalid or unenforceable, the remainder of the provisions of these Conditions of Sale shall be unaffected and shall continue to be fully valid, binding and enforceable.

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.

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.

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.

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 Kings Guarantee.

These Conditions of Sale shall be governed by and construed in accordance with the Federal Arbitration Act and, where applicable, the laws of the State of Abu Dhabi, without reference to conflict of laws provisions. Any dispute, controversy or claim arising out of or related to the Conditions of Sale, including the validity, invalidity, breach or termination of the Conditions of Sale, or to any product purchased from Kings through the Platform or Client Relations Center, will be resolved by binding arbitration, rather than in court, except that a consumer or Kings may assert claims in small claims court if such claims qualify. You understand and agree that you are waiving your right to sue or go to court to defend your rights, including to a trial by jury, under these Conditions of Sale. In addition, you and Kings understand and agree that the parties will pursue any dispute on an individual basis. The arbitrator is empowered to resolve the dispute with the same remedies available in court, however, any relief must be individualized to you and shall not affect any other consumer. You and Kings agree that each may not bring a claim against the other as part of any class action, class arbitration, or other representative proceedings. The arbitration will be conducted in the state and county where you reside (as determined by your address on file with Kings) or at consumer’s election, Sharjah, U.A.E. under its rules, Payment of all filing, administration and arbitrator fees will be governed by the Sharjah Court rules.

Before bringing any dispute in arbitration, you and Kings agree that you will first notify the other party and make reasonable efforts for a period of thirty (30) days to resolve amicably any dispute or failure to agree that may arise out of or relate to the product, the Conditions of Sale or any potential or alleged breach thereof. This requirement is a pre-condition, and no claim shall be filed in arbitration (or small claims court) until this provision is first met.