TERMS AND CONDITIONS OF SALE EU

1. Introduction

1.1. These Terms and Conditions govern the sale and purchase of products through our website.

1.2. You will be asked to give your express agreement to these Terms and Conditions before placing an order on our website.

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2. Interpretation

2.1. In these Terms and Conditions:

  • (a) “we”, “us”, or “our” means TANNIR Gold and Jewelry Trading L.L.C., trading as Aquae Jewels™; and
  • (b) “you” or “your” means our customer or prospective customer.

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3. Order Process

3.1. The advertising of products on our website constitutes an invitation to treat and not a contractual offer.

3.2. No contract will come into force between you and us unless and until we accept your order in accordance with this section.

3.3. To enter into a contract through our website to purchase products from us, you must:

  • (a) add the products you wish to purchase to your shopping cart and proceed to checkout;
  • (b) if you are a new customer, create an account and log in; or if you are an existing customer, log in to your existing account;
  • (c) select your preferred method of delivery and confirm your order, indicating your consent to these Terms and Conditions;
  • (d) complete payment via our secure payment service provider; and
  • (e) upon verifying product availability, we will send you an order confirmation — at which point a binding contract is formed.

3.4. You will have the opportunity to identify and correct any input errors prior to confirming your order.

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4. Products

4.1. We may periodically update the products offered on our website and do not guarantee the continued availability of any particular item or design.

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5. Prices

5.1. All prices are displayed on our website.

5.2. Prices may change periodically but will not affect confirmed orders.

5.3. Prices are displayed inclusive of VAT and any applicable sales tax for the market you are shopping from.

5.4. For our published markets — the United States, Canada, the United Kingdom, the European Union, Switzerland, Saudi Arabia, Qatar, Kuwait, Bahrain and Oman — customs duties and import taxes are included in the price you pay at checkout, and customs clearance is handled on your behalf. There is nothing further to pay on delivery. For all other destinations, duties and import taxes are calculated at checkout or collected on delivery, depending on the destination country.

5.5. In the event of any pricing error, the correct price will be confirmed to you before the order becomes binding.

5.6. Delivery charges, if applicable, will be disclosed prior to order confirmation.

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6. Payments

6.1. Payment must be made in full at checkout.

6.2. We accept Visa, MasterCard, and PayPal.

6.3. If payment is not received in accordance with these Terms, we reserve the right to withhold or cancel your order.

6.4. If you make an unjustified credit card, debit card, or PayPal charge-back, you will be liable to pay us within 7 days of written request:

  • (a) an amount equal to the charge-back;
  • (b) all third-party expenses incurred in relation to the charge-back (including bank or processor fees);
  • (c) an administration fee of USD 30.00 (including VAT); and
  • (d) our reasonable costs, losses, and expenses incurred in recovering these amounts (including legal and collection fees).

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7. Delivery

7.1. Our delivery procedures are detailed in our Delivery & Return Policy, available on our website.

7.2. We will deliver your order to the address provided during checkout.

7.3. We use express worldwide shipping partners (DHL or FedEx International Priority). Orders are typically delivered within 7–10 business days of order confirmation, including 5–7 business days of production.

7.4. While we endeavor to meet estimated delivery dates, we do not guarantee delivery times.

7.5. All deliveries are fully insured until signed for upon receipt.

7.6. We do not deliver to P.O. Boxes.

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8. Distance Contracts – Right of Withdrawal

8.1. This section applies only to consumers acting outside their trade, business, or profession.

8.2. You may withdraw from a contract within 14 days of receiving your products, without giving any reason, in accordance with Directive 2011/83/EU. This right applies equally to pieces purchased at a reduced price or during a promotional period.

8.3. To withdraw, you must inform us clearly in writing (email is sufficient) within this 14-day period. We will then issue you with a return authorisation and a prepaid insured courier label.

8.4. You must return the products to us within 14 days of notifying your withdrawal, using the courier label we provide. Products returned by any other means travel at your risk until they reach our atelier.

8.5. Products must be unused, unworn, and returned complete and in their original condition: original packaging, pouch, and certificate of authenticity. Where a piece is returned incomplete, shows signs of wear, or has been resized, engraved or altered by a third party, we may deduct an amount corresponding to the diminished value of the piece.

8.6. Returns are free of charge. We provide a prepaid insured courier label for the return, at no cost to you.

8.7. A refund will be issued within 14 days of receipt of the returned items, using the same payment method used for the purchase, except:

  • (a) if you chose a more expensive delivery option than our standard method, we may withhold the difference;
  • (b) if the product has been used or handled beyond what is necessary to establish its nature, characteristics, or functioning, we may deduct an appropriate amount.

8.8. In accordance with Article 16 of Directive 2011/83/EU, the right of withdrawal does not apply to:

  • (a) customized or engraved pieces;
  • (b) made-to-order jewelry; or
  • (c) products whose price depends on market fluctuations beyond our control.

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9. Returns and Exchanges

9.1. Returns and exchanges are subject to our Delivery & Return Policy and to prior authorisation by us.

9.2. Items must be unused, unworn, and returned complete in their original packaging, with their certificate of authenticity.

9.3. Personalized, engraved and made-to-order pieces are created for you alone and cannot be returned or exchanged.

9.4. Refunds are processed within 14 days after receipt of the returned item.

9.5. We may refuse any return that reaches us after the periods set out in clause 8, or that does not meet the conditions of clause 9.2.

9.6. Nothing in these Terms limits your statutory rights as a consumer in the European Union.

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10. Warranties and Representations

10.1. You warrant that:

  • (a) you are legally capable of entering into binding contracts;
  • (b) all information you provide is accurate and complete; and
  • (c) you will take delivery in accordance with these Terms.

10.2. We warrant that:

  • (a) we have the right to sell the products;
  • (b) products are free of encumbrances;
  • (c) products correspond to their online description; and
  • (d) products are of satisfactory quality.

10.3. All Aquae Jewels creations are covered by a five-year warranty against manufacturing defects. Repairs for craftsmanship issues are complimentary, and polishing, resizing, and repairs for accidental damage are also provided free of charge on request. This warranty applies to every piece, including pieces purchased during a promotional period and personalized pieces, and is in addition to the statutory guarantee of conformity.

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11. Limitations and Exclusions of Liability

11.1. Nothing in these Terms will:

  • (a) limit or exclude liability for death or personal injury resulting from negligence;
  • (b) limit or exclude liability for fraud or fraudulent misrepresentation; or
  • (c) exclude any liability that cannot be excluded under applicable law.

11.2. We will not be liable for losses arising from events beyond our reasonable control.

11.3. We will not be liable for business losses, including (without limitation) loss of profits, revenue, or goodwill.

11.4. Our total liability under any contract shall not exceed the greater of:

  • (a) USD 750; or
  • (b) the total amount paid by you under that contract.

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12. Order Cancellation

12.1. We may cancel your order immediately by written notice if:

  • (a) you fail to pay in full and on time; or
  • (b) you breach these Terms.

12.2. You may cancel your order by written notice if we breach our obligations.

12.3. We may also cancel due to events beyond our reasonable control, including raw material unavailability, strikes, or natural disasters.

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13. Consequences of Cancellation

13.1. Upon cancellation:

  • (a) we will cease all obligations to deliver undelivered products;
  • (b) you remain liable for products already delivered; and
  • (c) clauses 6.4, 10, 11, 14, 15, 16, 17, and 18 will survive termination.

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14. Scope

14.1. These Terms do not transfer any intellectual property rights.

14.2. These Terms govern product sales only and not service agreements or third-party licenses.

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15. Variation

15.1. We may revise these Terms by publishing a new version on our website.

15.2. Any changes apply only to future contracts.

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16. Assignment

16.1. We may assign or subcontract our rights and obligations under these Terms, provided your consumer rights are not reduced.

16.2. You may not assign or transfer your rights without our prior written consent.

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17. No Waivers

17.1. No breach of these Terms shall be waived except by written consent.

17.2. Failure to enforce any provision does not constitute a waiver of future enforcement.

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18. Severability

18.1. If any provision is held unlawful or unenforceable, the remaining provisions shall continue in full force.

18.2. If a portion of a clause is deleted to render it lawful, the remainder shall remain effective.

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19. Entire Agreement

19.1. These Terms, together with our Delivery & Return Policy, Warranty Policy, and Privacy Policy, constitute the entire agreement between you and us.

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20. Law and Jurisdiction

20.1. These Terms and Conditions are governed by and construed in accordance with the laws of the United Arab Emirates. This choice of law does not deprive you of the protection afforded by the mandatory consumer law of your country of residence.

20.2. Any disputes shall fall under the exclusive jurisdiction of the Dubai Courts, without prejudice to your right to bring proceedings before the courts of your country of residence.