DE BEERS WEBSITE TERMS AND CONDITIONS
(Last revised 17 April 2020)
Why are these terms and conditions important?
Please read these terms and conditions ("T&Cs") carefully before you use this website. These T&Cs tell you who we are, what our products are and other important information. In addition, clause 2 ('Your use of the Site') governs your use of this website.
By using this website (the "Site"), you agree to be bound by these T&Cs and the documents referred to within them. De Beers reserves the right to modify the T&Cs at any time and your continued use of the Site after any such modifications will be considered your acceptance of the T&Cs as modified. Please check this webpage on a regular basis and familiarise yourself with any changes as they are binding on you.
References to "De Beers", "we" or "us" are references to De Beers Jewellers Commercial (Shanghai) Co. Ltd.
1. OUR PRODUCTS
Product descriptions
1.1. We will take all reasonable care to ensure that all details, descriptions and prices of products on our Site are accurate and kept up to date. We do not guarantee that the product images you see are an accurate representation; for example colours may differ from the images shown on the Site due to your computer/device screen resolution or settings.
1.2. We may change products:
1.2.1. to reflect changes in relevant laws and regulatory requirements; and
1.2.2. to implement minor technical adjustments and improvements.
1.3. Errors may sometime occur in our pricing. Prices may change and offers may be withdrawn at any time. Offers and promotions may be available online only or in-store only. Please check the terms of the relevant offer.
2. YOUR USE OF THE SITE
2.1. The Site is for your personal and non-commercial use only. You agree that you are solely responsible for:
2.1.1. all costs and expenses you may incur in relation to your use of the Site; and
2.1.2. keeping your password and other account details confidential.
2.2. We seek to make the Site as accessible as possible. If you have any difficulties using the Site, please contact us at clientservicescn@debeers.com.
2.3. We may prevent or suspend your access to the Site if you do not comply with any part of these T&Cs, any terms or policies to which they refer or any applicable law.
2.4. You may not use the Site or its contents:
2.4.1. to download (other than page caching) or modify the Site, or any portion of it;
2.4.2. to interfere with or disrupt any network or Site connected to the Site or gain unauthorised access to other computer systems;
2.4.3. to interfere with the enjoyment or use of the Site by any other person;
2.4.4. for any purpose which is unlawful.
2.5. In addition you may not, in relation to the Site, use any:
2.5.1. data mining, robots, or similar data gathering and extraction tools;
2.5.2. framing techniques to enclose the trademarks, logos and other proprietary images, text layouts and formats which we use on the Site;
2.5.3. meta tags or any other hidden text which uses our name or trademarks.
2.6. Using the Site does not give you permission to link to it or to use any of the trademarks, designs, get-up and/or logos contained within it.
2.7. We do not represent or warrant that the material contained in the Site or any of the functions of the Site or our server(s) will operate without interruption or delay or will be error-free, free from defects, viruses or bugs or compatible with any other software or material. The Site is provided as is. Accessing the Site is entirely at your own risk.
3. THIRD PARTY SITES
3.1. The Site may contain hyperlinks or references to third party websites other than the Site. Any such hyperlinks or references are provided for your convenience only. We have no control over third party websites and accept no legal responsibility for any content, material or information contained in them. The display of any hyperlink and reference to any third party website does not mean that we endorse the third party or its website, products or services. Your use of a third party site may be governed by the terms and conditions of that third party site.
4. OTHER APPLICABLE POLICIES AND TERMS
4.1. You acknowledged that the following additional polices and terms shall apply to your use of the Site:
4.1.1. Our Privacy and Cookies Policy https://www.debeers.com.cn/en-cn/privacy-policy.html which sets out the terms on which we process any personal data we collect from you or that you provide to us. By using the Site, you consent to such processing and you warrant that all data provided by you is accurate.
5. HOW TO CONTACT US
5.1. For complaints or other customer service queries please contact our Customer Service team at: clientservicescn@debeers.com
6. OTHER IMPORTANT TERMS
6.1. This Site and all intellectual property rights in it are owned by us. Intellectual property rights means rights such as: copyright, trademarks, domain names, design rights, database rights, patents and all other intellectual property rights of any kind whether or not they are registered or unregistered (anywhere in the world). We reserve all of our rights in any intellectual property in connection with these T&Cs. This means, for example, that we remain owners of such rights and we are free to use them as we see fit.
6.2. Nothing in these T&Cs grants you any legal rights in the Site (or any content contained therein) other than as necessary to enable you to access the Site. You agree not to modify, circumvent or delete any notices contained on the Site (including any intellectual property notices) and in particular any digital rights or other security technology embedded or contained within the Site (and you further agree not to attempt to do so).
6.3. You agree to indemnify us and our agents and officers, directors and employees, immediately on demand, against all claims, liability, damages, costs and expenses, including reasonable legal fees, arising out of any breach of these T&Cs by you or by any other person accessing the Site using your account and/or your personal information.
6.4. To the fullest extent permissible under applicable law, we disclaim any and all warranties of any kind, whether express or implied, in relation to the products and services offered by De Beers. This does not affect your statutory rights as a consumer.
6.5. We will not be liable, in contract, tort (including, without limitation, negligence), as a result of pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise as a result of or in connection with the T&Cs for (i) any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings); or (ii) any loss of goodwill or reputation; or (iii) any special or indirect losses, suffered or incurred by you arising out of or in connection with these T&Cs. Nothing in these T&Cs shall exclude or limit our liability for death or personal injury resulting from our negligence or that of our agents or employees.
6.6. We may transfer our rights and obligations under these T&Cs to another organisation. We will contact you to let you know if we plan to do this. If you are unhappy with the transfer you may contact us to end the contract within 7 days of us telling you about it.
6.7. You may only transfer your rights or your obligations under these T&Cs to another person if we agree to this in writing (such consent not to be unreasonably withheld). We may require the person to whom any rights or obligations are transferred to provide reasonable evidence that they are now the owner of the relevant product.
6.8. This contract is between you and us. No other person shall have any rights to enforce any of its terms. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these T&Cs.
6.9. No waiver by us shall be construed as a waiver of any right for any breach of these T&Cs.
6.10. If any provision of these T&Cs shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable and shall not affect the validity and enforceability of any of the remaining T&Cs.
6.11. These T&Cs govern our relationship with you. You agree that you have not relied on any representation outside of these T&Cs. Your statutory rights are not affected by these T&Cs. Nothing in these T&Cs shall limit or exclude our liability in respect of any fraudulent or negligent misrepresentation.
6.12. These T&Cs shall be governed and construed in accordance with PRC laws and you agree to submit to the exclusive jurisdiction of the courts of the PRC.
