These Terms of Sale apply to purchases of Empress Kythene creations made through our website or through our Client Services where these Terms are incorporated into the transaction.

 

Empress Kythene is operated by Mach and Kyth FZ LLC, a company registered in the United Arab Emirates.

 

Please read these Terms carefully before placing an order. By submitting an order, you confirm that you have read and accepted these Terms of Sale.

 

Your use of our website is governed separately by our Terms of Use. Information concerning privacy, cookies, shipping, returns and other Client Services is available through the corresponding sections of our website.

 

Nothing in these Terms limits any mandatory consumer rights available to you under applicable law.

 

1. About Us

 

Empress Kythene is operated by:

 

Mach and Kyth FZ LLC
Ras Al Khaimah Economic Zone
United Arab Emirates

Registered Office: Al Hulaila Industrial Free Zone, RAK
Trade Licence / Registration Number: 45009968

 

For enquiries concerning an order, please contact:

Email: clientservices@empresskythene.com

You may also contact us through the Contact Us page on our website.

 

2. Eligibility to Purchase

 

You must have the legal capacity to enter into a binding contract in order to purchase from Empress Kythene.

 

By placing an order, you confirm that you have the legal capacity to make the purchase and that the information you provide is accurate and complete.

 

Our creations are offered for personal use, including gifting. We reserve the right, before accepting an order, to decline transactions that reasonably appear to be intended for unauthorised commercial resale, fraudulent activity or another unlawful purpose.

 

 

3. Our Creations

 

We take great care to describe and photograph Empress Kythene creations as accurately as reasonably possible.

 

Fine jewellery is inherently individual. Natural diamonds, gemstones and other natural materials may display variations in colour, tone, inclusions, texture or appearance. Hand-finishing and artisanal production may also result in subtle variations between creations.

 

Product photographs may appear differently depending on lighting, photography, screen settings and the device on which they are viewed.

 

Where measurements, dimensions, gold weights or gemstone weights are described as approximate, reasonable production tolerances may occur. Where a particular gemstone is accompanied by an independent laboratory certificate, the characteristics stated on that certificate will apply to that stone.

 

Such natural or minor production variations do not constitute a defect where the creation otherwise conforms to the description and specifications provided at the time of purchase.

 

 

4. Availability

 

All orders are subject to availability.

 

A creation appearing on our website is not necessarily reserved or guaranteed to be available until your order has been accepted by us.

 

Certain creations may be produced in limited quantities, made to order or dependent upon the availability of particular gemstones, materials or components.

 

If we are unable to fulfil an order, we will inform you and, where payment has already been collected, arrange an appropriate refund in accordance with applicable law.

 

 

5. Placing an Order

 

To place an online order, you will be asked to select the relevant creation and provide the information required to complete the transaction, including your contact, billing, delivery and payment information.

 

Before submitting your order, you are responsible for reviewing the selected creation, size, quantity, engraving or personalisation where applicable, delivery information and total amount displayed.

 

After submitting an order, you may receive an automated acknowledgement confirming that we have received your request.

 

An acknowledgement of receipt does not by itself constitute acceptance of your order.

 

A binding contract is formed when Empress Kythene expressly accepts your order by sending an Order Confirmation or another communication clearly confirming acceptance.

 

For certain made-to-order, bespoke or personalised creations, we may separately confirm the specifications, price, payment requirements and estimated production period before accepting the order.

 

 

6. Order Acceptance and Verification

 

Before accepting or fulfilling an order, we may undertake reasonable payment, identity, fraud-prevention, sanctions-screening or regulatory checks.

 

We may contact you if additional information is reasonably required to verify the transaction.

 

We may decline an order before acceptance where, for example, the creation is unavailable, payment cannot be authorised, required information is incomplete, a transaction raises legitimate fraud or compliance concerns, delivery cannot be made to the requested location, or an obvious error has occurred in the product information or price.

 

If an issue arises after acceptance that prevents us from fulfilling the order, we will contact you to determine an appropriate solution in accordance with applicable law.

 

 

7. Made-to-Order, Bespoke and Personalised Creations

 

Certain Empress Kythene creations may be made or altered specifically for you.

 

This may include creations produced to a selected size or specification, engraved pieces, customised designs, specially sourced gemstones, bespoke creations or other products clearly identified as personalised or made to order.

 

Please review all specifications carefully before confirming such an order.

 

Once production, engraving, alteration or custom sourcing has begun, cancellation, return or exchange due solely to a change of mind may not be available.

 

This does not affect your rights where a creation is defective, damaged, materially different from the agreed specifications or where applicable law otherwise requires a remedy.

 

Any special conditions applicable to a bespoke or personalised order will be communicated to you before the order is confirmed.

 

 

8. Prices

 

The price applicable to a creation will be the price displayed or otherwise confirmed to you at the time your order is placed, subject to our acceptance of that order.

 

Prices may vary between markets or currencies because of exchange rates, taxation, duties, operating costs or other market-specific factors.

 

The website will indicate the currency applicable to your order.

 

Where taxes, delivery charges, duties or other charges are collected by Empress Kythene as part of checkout, they will be included or separately identified before you confirm your purchase.

 

We may change prices at any time, but changes will not ordinarily affect an order already accepted by us except where required by law or agreed with you.

 

 

9. Pricing or Product Information Errors

 

We take reasonable care to ensure that product descriptions and prices are accurate.

 

Occasionally, an obvious pricing, technical or product-information error may occur.

 

Where we identify such an error before accepting your order, we may decline the order and invite you to place a corrected order.

 

Where an error is identified after acceptance, we will contact you and seek to resolve the matter in accordance with applicable law. Nothing in this section permits us to remove or reduce rights that are mandatory under applicable consumer-protection legislation.

 

 

10. Payment

 

Available payment methods will be displayed at checkout or otherwise communicated to you by Client Services.

 

Payment may be processed by third-party payment providers and financial institutions.

 

By submitting payment information, you confirm that you are authorised to use the selected payment method and authorise the applicable amount to be charged in connection with your order.

 

An order may not be accepted or dispatched until the required payment has been successfully authorised or received.

 

If payment is declined, reversed, cancelled or otherwise unsuccessful, we may suspend processing of the order and contact you to arrange another payment method.

 

We do not generally receive or retain complete payment-card details. Further information about payment-related personal data is provided in our Privacy Policy.

 

 

11. Currency and Foreign Exchange

 

Your order will be charged in the currency shown during checkout.

 

If your payment card or account is denominated in another currency, your bank or payment provider may apply its own exchange rate, conversion fee or other charge.

 

Such charges are determined by your financial institution and are outside the control of Empress Kythene.

 

 

12. Duties, Taxes & Customs

 

 

For destinations where Delivered Duty Paid (“DDP”) delivery is available, applicable customs duties and import taxes will be calculated and collected as part of your purchase and displayed before you complete your order.

 

Empress Kythene will arrange the shipment on a DDP basis and will be responsible for settling the applicable import duties and taxes with the relevant delivery or customs partners.

 

Under normal circumstances, you should therefore not be required to make an additional payment for customs duties or import taxes upon delivery.

 

Certain customs-clearance, brokerage or disbursement costs may arise depending on the destination and delivery partner. Where such charges form part of our DDP delivery arrangement, they will be handled by Empress Kythene.

 

Where DDP delivery is not available for a particular destination, the applicable customs and import arrangements will be communicated before your order is confirmed.

 

13. Delivery

 

We deliver to the destinations made available through our website or confirmed by Client Services.

Available destinations may change from time to time.

 

Delivery charges, where applicable, will be shown during checkout or otherwise communicated before your order is confirmed.

 

Estimated production and delivery times may vary depending on the creation, destination, customs procedures, availability and the delivery service selected.

 

Where we provide an estimated delivery date, we will take reasonable steps to meet it. Unless expressly agreed otherwise, delivery dates are estimates and may be affected by circumstances outside our reasonable control.

 

Any mandatory rights you may have in relation to delayed delivery remain unaffected.

 

 

14. Delivery Address and Receipt

 

You are responsible for providing a complete and accurate delivery address and contact information.

 

For security reasons, certain high-value shipments may require a signature, proof of identity or other delivery verification.

 

Delivery to P.O. boxes, hotels, forwarding services or certain other addresses may not be available depending on the destination or courier requirements.

 

If delivery cannot be completed because information supplied by you is incorrect or incomplete, or because the recipient repeatedly fails to accept delivery, we will contact you to determine the appropriate next steps. Additional delivery or storage costs may apply where legally permitted and reasonably incurred.

 

15. Unsuccessful Delivery and Return to Sender

 

Your cooperation may be required to complete delivery, including responding to delivery communications and being available for any required signature or identity verification.

 

If delivery cannot be completed because the recipient is repeatedly unavailable, fails to respond, refuses delivery without a valid reason, or provides incorrect or incomplete delivery information, the order may be returned to Empress Kythene.

 

Where a refund is applicable, we may deduct reasonable, directly related and non-recoverable costs actually incurred as a result of the unsuccessful delivery. These may include outbound and return delivery charges, unrecoverable duties or taxes, customs-clearance or brokerage fees, storage charges and other directly related logistics costs.

 

No such deduction will apply where the unsuccessful delivery results from an error by Empress Kythene or its delivery partner, or where you are exercising a mandatory right in relation to a defective, damaged, incorrect or otherwise non-conforming order.

 

 

16. Risk and Ownership

 

Unless applicable law requires otherwise, responsibility for accidental loss or damage to a creation passes to you when the order is delivered to you or to a person authorised by you to receive it.

 

Ownership of the creation passes to you once we have received full payment and delivery has taken place.

 

 

17. Inspection on Delivery

 

We encourage you to inspect your order upon delivery.

 

If a parcel appears materially damaged or tampered with, or if a creation is missing, incorrect or damaged, please contact Client Services as soon as reasonably possible.

 

We may ask you to provide photographs of the packaging, shipping label and creation to assist us in investigating the matter with the delivery provider.

 

Failure to report an issue immediately does not remove any mandatory consumer right available to you under applicable law.

 

 

18. Returns and Exchanges

 

Our voluntary return and exchange arrangements are described in our Returns & Exchanges Policy, which should be reviewed before placing an order.

 

Any voluntary return or exchange is subject to the eligibility requirements stated in that policy, including requirements concerning the condition of the creation, packaging, certificates and other accompanying materials.

 

A returned creation may be inspected before an exchange or refund is approved.

 

Jewellery that has been worn, damaged, altered or otherwise changed after delivery may not qualify for a voluntary return or exchange unless a mandatory legal right applies.

 

Made-to-order, bespoke, engraved, personalised or specially altered creations may not be eligible for return or exchange due to a change of mind once production or alteration has begun.

 

Nothing in our Returns & Exchanges Policy or these Terms affects rights that cannot lawfully be excluded or restricted.

 

 

19. Defective, Damaged or Incorrect Creations

 

If a creation is defective, damaged before delivery, materially different from its description or does not conform to your confirmed order, please contact Client Services.

 

Depending on the circumstances and applicable law, an appropriate remedy may include repair, replacement, return, refund or another legally available solution.

 

We may ask to inspect the creation before determining the appropriate remedy.

 

Your rights under applicable consumer-protection legislation remain unaffected by any voluntary warranty or returns policy offered by Empress Kythene.

 

 

20. Refunds

 

 

Where a refund is due, it will normally be issued to the original payment method unless another method is required by the circumstances, agreed with you or required by applicable law.

 

Refund processing times may vary depending on the payment method, financial institution and reason for the refund.

 

Where an order is returned to Empress Kythene following an unsuccessful delivery attributable to the recipient, any refund may be subject to the deductions described under Unsuccessful Delivery and Return to Sender, including reasonable and non-recoverable delivery, customs and related logistics costs actually incurred.

 

Any refund arising from a mandatory consumer right will be handled in accordance with applicable law.

 

21. Exchanges

 

Where an exchange is available, the replacement creation is subject to availability.

 

If the replacement creation has a higher price, you will be required to pay the difference before it is supplied.

 

If it has a lower price, any applicable difference will be handled in accordance with our Returns & Exchanges Policy and applicable law.

 

An exchanged creation may constitute a new sale and may be subject to the Terms of Sale in effect when that replacement order is confirmed.

 

 

22. Cancellations

 

If you wish to cancel an order, please contact Client Services as soon as possible.

 

We cannot guarantee that a cancellation request can be accommodated after an order has been accepted, dispatched or, in the case of a made-to-order or personalised creation, after production or alteration has begun.

 

Where cancellation is available under applicable law or our policies, we will process it accordingly.

 

 

23. Authenticity, Care and After-Sales Services

 

Empress Kythene stands behind the authenticity of creations sold directly through our authorised sales channels.

 

Certain creations may be supplied with an authenticity document, gemstone certificate, warranty document or other accompanying material where applicable.

 

Please retain any such documentation.

 

Fine jewellery requires appropriate care. Damage arising from accidents, improper handling, unauthorised alterations, chemicals, excessive force or ordinary wear may not constitute a manufacturing defect.

 

Repairs, resizing, maintenance and other after-sales services may be available separately and may be subject to assessment, availability, fees and specific service conditions.

 

Nothing in this section affects mandatory legal rights concerning defective goods.

 

 

24. Promotions and Promotional Codes

 

From time to time, Empress Kythene may offer promotional codes, benefits or special offers.

 

Any such promotion may be subject to additional terms, eligibility criteria, validity periods or exclusions communicated at the time of the offer.

 

Unless otherwise stated, promotional benefits have no cash value and cannot be retrospectively applied to an order already completed.

 

 

25. Events Outside Our Reasonable Control

 

We will not be responsible for a failure or delay caused by circumstances outside our reasonable control, which may include significant transportation disruption, customs action, natural events, war, civil disturbance, governmental restrictions, major systems failure, labour disruption or similar events.

 

Where such an event affects an accepted order, we will take reasonable steps to minimise the impact and communicate with you where appropriate.

 

Nothing in this section removes any right to cancel or obtain another remedy that cannot lawfully be excluded.

 

 

26. Liability

 

Nothing in these Terms excludes or limits liability that cannot lawfully be excluded or limited, or any mandatory consumer right available to you.

 

Subject to this, Empress Kythene will not be responsible for losses that were not reasonably foreseeable when the contract was formed or for losses arising from use of a creation for an unauthorised commercial or business purpose.

 

Any limitation of liability contained in these Terms will apply only to the extent permitted by applicable law.

 

 

27. Privacy

 

Personal information provided in connection with an order will be processed in accordance with our Privacy Policy.

 

Our Privacy Policy explains how information may be used for purposes including order fulfilment, payment processing, delivery, Client Services, fraud prevention, identity verification, sanctions screening and legal compliance.

 

 

28. Complaints and Client Services

 

If you experience a problem with an order or creation, please contact our Client Services team so that we can review the matter.

 

Email: clientservices@empresskythene.com

 

You may also submit an enquiry or complaint through the Contact Us section of our website.

 

We aim to handle complaints fairly and in accordance with applicable consumer-protection requirements.

 

 

29. Changes to These Terms

 

We may update these Terms of Sale from time to time to reflect changes to our business, services, legal requirements or operating practices.

 

The Terms applicable to your purchase will normally be those made available to you at the time your order is placed and accepted.

 

An update to these Terms will not retrospectively alter the terms of an already accepted order unless required by law or agreed with you.

 

30. Severability and Waiver

 

If any provision of these Terms is determined to be invalid, unlawful or unenforceable, the remaining provisions will continue to apply to the fullest extent permitted by law.

 

If we delay in exercising a right under these Terms, that does not mean that we waive that right.

 

 

31. Governing Law and Jurisdiction

 

These Terms of Sale and contracts entered into with Mach and Kyth FZ LLC are governed by the applicable laws of the United Arab Emirates.

 

Disputes arising from these Terms or an order will be subject to the jurisdiction of the competent courts of the United Arab Emirates, subject always to any mandatory consumer rights or jurisdictional protections that may apply to you under applicable law.

 

32. Language

 

These Terms of Sale are available in English and Arabic for the convenience of our clients.

 

33. Contact Us

 

For questions concerning these Terms of Sale, an order or an Empress Kythene creation, please contact:

 

Empress Kythene
Mach and Kyth FZ LLC
Ras Al Khaimah Economic Zone
United Arab Emirates

Registered Office: Al Hulaila Industrial Free Zone, RAK
Email: clientservices@empresskythene.com

 

You may also contact us through the Contact Us page on our website.