We provide services to you subject to the notices, terms, and conditions set forth in this agreement. Besides, you will obey the rules, guidelines, policies, terms, and conditions applicable to such services before you use them. We reserve the right to change this site and these terms and conditions at any time.
Before proceeding, please read this agreement because accessing, browsing, or otherwise using the Site indicates your agreement to all the terms and conditions in this agreement.
You shall not upload, distribute, or otherwise publish through this Site any Content, information, or other material that (a) includes any bugs, viruses, worms, trap doors, Trojan horses, or other harmful code or properties; (b) is libelous, threatening, defamatory, obscene, indecent, pornographic, discriminatory, or could give rise to any civil or criminal liability under the laws of the U.S. or the laws of any other country that may apply; or (c)violates or infringes upon the copyrights, patents, trademarks, service marks, trade secrets, or other proprietary rights of any person. elmoda.net may give you an account identification and password to enable you to access and use certain portions of this Site. Each time you use a password or identification, you are deemed to be authorized to access and use the Site in a manner consistent with the terms and conditions of this agreement, and elmoda.net has no obligation to investigate the source of any such access or use of the Site.
Unless explicitly permitted by our company in advance, all materials, including images, text, illustrations, designs, icons, photographs, programs, music clips or downloads, video clips and written and other materials that are part of this Site (collectively, the “Contents”) are intended solely for personal, non-commercial use. You may not make any commercial use of any of the information provided on the Site or make any use of the Site for the benefit of another business. We reserve the right to refuse service, terminate accounts, and/or cancel orders in its discretion, including, without limitation, if we believe that customer conduct violates applicable laws or is harmful to our interests. You may not reproduce, distribute, display, sell, lease, transmit, create derivative works from, translate, modify, reverse-engineer, disassemble, decompile, or otherwise exploit this Site or any portion of it unless expressly permitted by our company in writing.
You will be solely responsible for all access to and use of this site by anyone using the password and identification originally assigned to you whether or not such access to and use of this site is actually authorized by you, including without limitation, all communications and transmissions and all obligations (including without limitation financial obligations) incurred through such access or use. You are solely responsible for protecting the security and confidentiality of the password and identification assigned to you. You shall immediately notify elmoda.net of any unauthorized use of your password or identification or any other breach or threatened breach of this Site’s security.
By using the Site in any manner, including but not limited to visiting or browsing the Site, you (the “user”,”buyer”, or “you”) agree to be bound by this Agreement, including additional terms and conditions and policies applicable to the buyer. This Agreement applies to all users of the Site, including without limitation users who are customers, advertisers, contributors of content, information and other materials or services on the Site.
What is Elmoda.net marketplace?
Elmoda.net marketplace is a jewelery and watches website which provides a platform for real Arab based jewellers who are selling their own jewelery products watches brands. The bases of Elmoda.net marketplace is to provide a platform to support emerging and established Arab jewellers.
Elmoda.net marketplace meets the needs of the modern shopper by providing a place to discover jewelery, jewelery care products and watches from Arab jewellers.
Elmoda.net marketplace promotes sellers that physically own their stock and take their own pictures or use, with permission, pictures from product manufacturers for Elmoda.net marketplace. We do not support the drop shipping business model. If a seller is thought to be running their business as a drop shipper then Elmoda.net marketplace at its own discretion may remove that seller’s account(s) from the site without notice or prior warning to the seller and shall take any measures it deems necessary to ensure that subsequent drop shipping accounts are not opened on the Site.
Elmoda.net marketplace acts as a venue to allow users, who comply with this agreement. Elmoda.net marketplace’s policies to offer, sell and buy jewelery, watches and jewelery related products within a fixed-price format. Elmoda.net marketplace is not directly involved in the transactions between buyers and sellers. As a result, Elmoda.net marketplace has no control over the quality, safety, morality or legality of any aspect of the items listed, the truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to pay for items. Elmoda.net marketplace does pre-screen sellers but cannot ensure that a buyer or seller will actually complete a transaction.
Consequently, Elmoda.net marketplace cannot and does not transfer legal ownership of items from the seller to the buyer.
Elmoda.net marketplace tries to verify the true identity of a seller by asking the seller to provide and display full contact information. Buyers may contact the seller through the tools available on the Site. Buyer may arrange to visit sellers shop at own discretion.
You agree that Elmoda.net marketplace is a venue and as such is not responsible or liable for any content, for example, usernames, information, graphics, images, photographs, profiles, data, text, audio, video, items, and links posted by you, other users, or outside parties on Elmoda.net marketplace. You use the Elmoda.net marketplace service at your own risk.
If you are joining the Elmoda.net marketplace on behalf of a company or other legal entity or as the representative of a person who is not otherwise eligible to enter into this agreement, the terms “Buyer”, “you” and “your” refer both to you personally and to the legal entity or person you are representing.
Age:Elmoda.net marketplace’s services are available only to, and may only be used by, individuals who are 18 years and older who can form legally binding contracts under applicable law.By epresent and warrant that you are at least 18 years old and that all registration information you submit is accurate and truthful.J arketplace may, in its sole discretion, refuse to offer access to or use of the Site to any person or entity and may change its eligibility criteria at any time without notice to you. This provision is void where prohibited by law and the right to access the Site is revoked in such jurisdictions.
Location:We welcome buyers from the Arab and all over the world who wish to have an easy access to real jewelery from real Arab jewelers.
Compliance:You agree to comply with all Arab laws regarding online conduct and acceptable content. In addition, you agree to abide by Elmoda.net marketplace’s policies as stated in this Agreement and listed below (if applicable to your activities on or use of the Site) as well as all other operating rules, policies and procedures that may be published from time to time on the Site by Elmoda.net marketplace, each of which is incorporated herein by reference and each of which may be updated by Elmoda.net marketplace from time to time without notice to you:
In addition, some services offered through the Site may be subject to additional terms and conditions published by Elmoda.net marketplace from time to time; your use of such services is subject to those additional terms and conditions, which are incorporated into this Agreement by this reference.
Usernames:Us your account is visible to the world. Please make sure your username is respectful, is not rude and does not contain profanities. If you sign in to the Site with your social media account, your username will be created automatically and it will include your name, your surname and will be appended with a unique code.
Password:Keep your password secure. You are fully responsible for all activity, liability and damage resulting from your failure to maintain password confidentiality. You agree to immediately notify Elmoda.net marketplace of any unauthorized use of your password or any breach of security. You also agree that Elmoda.net marketplace cannot and will not be liable for any loss or damage arising from your failure to keep your password secure. You agree not to provide your username and/or password information to any other party other than Elmoda.net marketplace without Elmoda.net marketplace’s express written permission.
Account Information:You must keep your account information up-to-date and accurate at all times, including a valid email and postal address.
Account Transfer:You may not transfer or sell your Elmoda.net marketplace account and Username to another party.
Feedback:Elmoda.net marketplace takes feedback integrity seriously. Sellers and buyers may receive small incentives for general feedback, however bribery is not tolerated. This includes feedback from a related account, offering incentives/bribes in return for specific feedback. The marketplace team reserve the right to remove any feedback which it suspects has been posted as a result of such manipulation or bribery and may close the buyer account to which it relates.
Right to Refuse Service:Elmoda.net marketplace reserves the right to refuse service to anyone at any time. Elmoda.net marketplace’s services are not available to temporarily or indefinitely suspended Elmoda.net marketplace members. Elmoda.net marketplace reserves the right, in Elmoda.net marketplace’s sole discretion, to cancel unconfirmed or inactive accounts.
There is no fee to join or buy products on the Site for buyers.
Elmoda.net marketplace may, at its sole discretion, change some or all of Elmoda.net marketplace’s services at any time. In the event, Elmoda.net marketplace introduces a new service, the fees for that service are effective at the launch of the new service. Unless otherwise stated, all fees are quoted in Bahrain Dinnar (BHD).
Termination:If Elmoda.net marketplace terminates your account, if you close your account, or if the payment of your Elmoda.net marketplace purchases cannot be completed for any reason, you have not returned items purchased back to the seller in its original condition you remain obligated to pay Elmoda.net marketplace in full plus any penalties, if applicable. A legal action may be taken by Elmoda.net marketplace and the seller in order to recover any loses made by you to the seller or/and Elmoda.net marketplace by breaching any rules of this agreement.
Binding Sale:All sales are binding.The seller is responsible for shipping up to the point of delivery or otherwise completing the transaction with the buyer within 30 days unless there is an exceptional circumstance,such
a) the buyer fails to complete payment, or
(b) the seller cannot authenticate the buyer’s identity. The buyer is obligated to deliver appropriate payment for items purchased unless there is an exceptional circumstance.
(c) the seller cannot authenticate the buyer’s delivery address.
(d) the item need to be made specifically, customised (ie: engraved) or altered for you, the buyer. The Seller may request you, the Buyer to grant him extended time to complete his work. Items made specifically for the order, altered or customised cannot be re-sold so are non-refundable.
Site Currency:All listings are in BHD and the correct billing amount in BHD will always be displayed before you enter your payment details.
Promotional Codes:Sellers may issue promotional codes for promotional purposes only and these are to be used against purchases from the issuing seller’s storefront only. Promotional codes have no cash value and cannot be exchanged for money or credit.
Payment:You can use VISA, MasterCard or PayPal to pay for goods and services on Elmoda.net marketplace.
You are solely responsible for your conduct and activities on and regarding to Elmoda.net marketplace and any and all data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links (together, “Content”) that you submit, post, and display on Elmoda.net marketplaceCopyright Policy.
Restricted Activities: Your Content and your use of Elmoda.net marketplace:
1. Must not be false, inaccurate or misleading
2. Must not be fraudulent or involve the sale of illegal, counterfeit or stolen items
3. Must not infringe upon any third-party’s copyright, patent, trademark, trade secret or other proprietary or intellectual property rights or rights of publicity or privacy (see also, Elmoda.net marketplace’s Copyright Policy)
4. Must not breach this Agreement, any site policy or community guidelines, or any applicable law or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising)
5. Must not be defamatory, libellous, unlawfully threatening, unlawfully harassing, impersonate or intimidate any person (including Elmoda.net marketplace employees, its sellers or other users), or falsely state or otherwise misrepresent your affiliation with any person, through for example, the use of similar email address, nicknames, or creation of false account(s) or any other method or device
6. Must not be obscene
7. Must not contain or transmit any code of a destructive nature that may damage, interfere with, intercept or expropriate any system, data or personal information
8. Must not modify, adapt or hack Elmoda.net marketplace or modify another website so as to falsely imply that it is associated with Elmoda.net marketplace;
9.Must not link directly or indirectly, reference or contain descriptions of goods or services that are prohibited under this Agreement or other policy documents as posted on Elmoda.net marketplace.
By uploading Content to Elmoda.net marketplace you promise that you own and/or have the right to use such Content in this manner and that such Content does not infringe any third party intellectual property rights. In the event that Elmoda.net marketplace receives a complaint in respect of any Content posted by you, it shall be your sole responsibility to deal with such a complaint and to compensate Elmoda.net marketplace for any loss suffered. Elmoda.net marketplace reserves the right to remove any such Content immediately.
Re-Posting Content:By posting Content on Elmoda.net marketplace, it is possible for an outside website or a third party to re-post that Content.You agre hold Elmoda.net marketplace harmless for any dispute concerning this use. If you choose to re-post links to Elmoda.net marketplace, links to sellers or products on social media outlets you are free to do so as long as the content does not violates our terms.
Idea Submissions:Elmoda.net marketplace considers any unsolicited suggestions, ideas, proposals or other material submitted to it by users via the Site or otherwise related to the Content and the tangible items sold on the Site by users such as tags, brand names, attributes or other (collectively, the “Material”) to be non-confidential and non-proprietary, and Elmoda.net marketplace shall not be liable for the disclosure or use of such Material. If at Elmoda.net marketplace’s request, any member sends Material to improve the site (for example to customer support), Elmoda.net marketplace will also consider that Material to be non-confidential and non-proprietary and Elmoda.net marketplace will not be liable for use or disclosure of the Material. Any communication by you to Elmoda.net marketplace is subject to this Agreement. You hereby grant and agree to grant Elmoda.net marketplace, under all of your rights in the Material, a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully-paid, sublicensable and transferable right and license to incorporate, use, publish and exploit such Material for any purpose whatsoever, commercial or otherwise, including but not limited to incorporating it in the systems, documentation, or any product or service, without compensation or accounting to you and without further recourse by you.
Users are solely responsible for interactions with others. Users understand that Elmoda.net marketplace does screen its sellers. All users agree to exercise caution and good judgment in all interactions with others, particularly if meeting offline or in person.
Messaging is your way to communicate privately with other Elmoda.net marketplace members. It’s essentially email, but purely for Elmoda.net marketplace members. Messages are primarily intended for communicating about listed item, transactions and orders that are underway.
·You must not use Messages to send unsolicited advertising or promotions, request samples, loans, donations or “spam”. You must not pass on email addresses or any other information on to third parties.
(a) Spamming other storefronts in order to ask them to ‘follow’ your own storefront or any external services will not be tolerated.
(b) Please use common sense when giving out personal information to others via messaging, for example, don’t send someone your credit card details.
(c) You must not use messages to knowingly harass, threaten, blackmail or abuse another member.
(e)·If someone explicitly tells you not to contact them, you must not use Messages to contact themagain,u are involved in an open transaction.
·You must not use Messages to interfere with a transaction. This means…
you must not communicate with a member involved in an active or completed transaction to warn the member away from a particular buyer, seller or item.
As an anti-spam measure, sending too many messages too quickly may auto-disable your account. In such event you will need to contactThe e Teamwho wil w your account activity and make a decision and a recommendation.
Elmoda.net marketplace makes significant effort to verify Sellers but does not control the Content provided by users thatismade av Elmoda.net marketplace. If you find some Content to be offensive, harmful, inaccurate, or deceptive, please contact us immediately so appropriate actions can be taken.
By using Elmoda.net marketplace, you agree to accept such risks and that Elmoda.net marketplace (and Elmoda.net marketplace’s directors, agents and employees) is not responsible for any acts or omissions of users on Elmoda.net marketplace.
Other Resources:jeweleryMar nsible for the availability of outside websites or resources linked to or referenced on the Site. Elmoda.net marketplace does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources.You agree th ewellery marketplace shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such websites or resources or viapop upswhi hen accessing the Site from your computer.
Elmoda.net marketplace, for the benefit of users, may try to help users resolve disputes, at their request. Elmoda.net marketplace does so in its sole discretion, and it has no obligation to resolve disputes between users or between users and outside parties to the extent that Elmoda.net marketplace attempts to resolve a dispute, it will do so in good faith based solely on this agreement and its policies.
In the event a dispute cannot be resolved between you and the Seller, please contact Elmoda.net marketplace.
Any dispute arising from or relating to the subject matter of this Agreement shall be subject to the exclusive jurisdiction of the courts of England and Wales. Use of the Site is not authorised in any jurisdiction that does not give effect to all provisions of the Agreement, including without limitation, this section.
Should you have a dispute with one or more users, or an outside party, you release Elmoda.net marketplace (and its directors, agents and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
Elmoda.net marketplace and other graphics, logos, designs, page headers, button icons, scripts, and service names are trademarks or trade dress of Amber etc… Ltd. Elmoda.net marketplace’s copyright, trademarks, service marks, logos, business name, domain name, rights in get up and trade dress and all other intellectual property rights may not be used, including without limitation as part of trademarks and/or as part of domain names or email addresses, in connection with any product or service in any manner that is likely to cause confusion.
Without limiting any other remedies, Elmoda.net marketplace may, without notice, and without refunding any fees, delay or immediately remove any Content, warn Elmoda.net marketplace’s community of a user’s actions, issue a warning to a user, temporarily suspend a user, temporarily or indefinitely suspend a user’s account privileges, terminate a user’s account, prohibit access to the Site, and take technical and legal steps to keep a user off the Site and refuse to provide services to a user if any of the following apply:
(b) Elmoda.net marketplace is unable to verify or authenticate any of your personal information or Content
(c) Elmoda.net marketplace believes that a user is acting inconsistently with the letter or spirit of Elmoda.net marketplace’s policies and/or this Agreement, has engaged in improper or fraudulent activity in connection with Elmoda.net marketplace or the actions may cause legal liability or financial loss to Elmoda.net marketplace’s users or to Elmoda.net marketplace.
Elmoda.net marketplace, DIRECTORS, EMPLOYEES, AND SUPPLIERS PROVIDE Elmoda.net marketplace’S WEB SITE AND SERVICES “AS IS” AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. Elmoda.net marketplace, ITS DIRECTORS, EMPLOYEES AND SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM Elmoda.net marketplace SHALL CREATE ANY WARRANTY.
IN NO EVENT SHALL Elmoda.net marketplace, AND (AS APPLICABLE) ITS DIRECTORS, EMPLOYEES OR SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SITE, Elmoda.net marketplace’S SERVICES, OR THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, LOST PROFITS, BODILY INJURY, EMOTIONAL DISTRESS, OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES.
Elmoda.net marketplace‘S LIABILITY, AND (AS APPLICABLE) THE LIABILITY OF Elmoda.net marketplace‘S DIRECTORS, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THEAMOUNTOF FEES Elmoda.net marketplace IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, OR (B) £100.
YOU AGREE TO INDEMNIFY AND HOLD Elmoda.net marketplace AND (AS APPLICABLE) Elmoda.net marketplace’S AFFILIATES, DIRECTORS, AGENTS, AND EMPLOYEES, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE LEGAL FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR BREACH OF THIS AGREEMENT OR THE DOCUMENTS IT INCORPORATES BY REFERENCE, OR YOUR BREACH OF ANY LAW OR THE RIGHTS OF A THIRD PARTY.
Elmoda.net marketplace does not guarantee continuous, uninterrupted access to the Site, and operation of the Site may be interfered with by numerous factors outside Elmoda.net marketplace’s control or otherwise.
It is specifically agreed and required of Sellers to include all amounts inclusive of VAT if VAT registered. It will be the sole responsibility of the Buyer from outside of the EU to pay any applicable Taxes and Import duties.
If any provision of this Agreement is held unenforceable, then such provision will be modified to reflect the parties’ intention. All remaining provisions of this Agreement shall remain in full force and effect.
You and Elmoda.net marketplace are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
This Agreement shall in all respects be interpreted and governed by the laws of Kingdom of Bahrain.
Sections What is Elmoda.net marketplace Is A Venue, Membership Eligibility, Fees And Services, Buying, Prohibited, Questionable And Infringing And Activities, Content, Interactions With Other Users And Private Messaging, Information Control, Resolution Of Disputes And Release, Elmoda.net marketplace’s Intellectual Property, Breach, Privacy, No Warranty, Liability Limit, Indemnity, No Guarantee, Legal Compliance; Taxes, Severability, No Agency, Elmoda.net marketplace Service, Choice of Law, Survival, Notices, Disclosures shall survive any termination or expiration of this Agreement.
Except as explicitly stated otherwise, any notices shall be given by post to Elmoda.net marketplace; or, to the email address you provide to Elmoda.net marketplace (either during the registration process or when your email address changes). A notice shall be deemed given 24 hours after email is sent unless the sending party is notified that the email address is invalid. Alternatively, Elmoda.net marketplace may give you notice by post to the address provided to Elmoda.net marketplace. In such case, notice shall be deemed given three days after the date of posting.
Please note that Elmoda.net marketplace will deal with all complaints (on valid receipt of your notice) as soon as they can and within a reasonable timeframe.
For issues with intellectual property, please provide the notice as specified in Elmoda.net marketplace’s Copyright Policy.
RULES IN GENERAL + FOR BUYERS APPLIES
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