TERMS AND CONDITIONS FOR
PANDORA’S WHATSAPP SERVICE

Please read these Terms and Conditions carefully before using the Pandora Personal Shopping Service offered by Panmeas Jewellery LLC ("we" "us"). The Pandora Personal Shopping Service is made available to you in accordance with these Terms and Conditions, the Purchase Proposal (as defined below) and any other rules posted on our website www.pandora.net/en-ae (collectively, the "Ts&Cs"), which apply to all purchases made from Panmeas Jewellery LLC, a limited liability company with registered office in Rolex Tower 5th floor, Sheikh Zayed Road, Dubai, TRN number 100371377100003 and main license number 642632 ("Pandora"), from Pandora stores located in the United Arab Emirates (excluding Cara jewellery and Dubai Duty Free) (“Stores”), through the instant messaging service WhatsApp ("WhatsApp").

In particular, we wish to draw your attention to our policies relating to buying our products through Whatsapp in the articles below. Please refer to our WhatsApp privacy policy here: https://www.pandora.net/en-ae/company/terms.  To use the the Pandora Personal Shopping Service you must be at least 18 years old.

We may modify the Ts&Cs from time to time (effective immediately), so please check back often here website www.pandora.net/en-ae. If you do not agree to any change to the Ts&Cs, then you must immediately stop using the the Pandora Personal Shopping Service in all respects.

By using the Pandora Personal Shopping Service in any way, including (without limitation) any information and other materials provided through the Pandora Personal Shopping Service, you (or the "customer") agree to be bound by the Ts&Cs, which constitute an agreement between you and us, and you warrant that you have the capacity and ability to agree to the Ts&Cs and are legally capable of entering into binding contracts, and to carry out your obligations as set out in the Ts&Cs. If you do not accept and agree to be bound by the Ts&Cs, you must not use the Pandora Personal Shopping Service.

You agree that the electronic format of the Ts&Cs does not in any way affect their validity or enforceability, and you agree that we may communicate with you via WhatsApp for all aspects of your use of the Pandora Personal Shopping Service.

About the Pandora Personal Shopping Service made available through WhatsApp

Pandora has made a centralised United Arab Emirates WhatsApp number available to customers for customers to correspond directly via WhatsApp with a Pandora sales assistant from one of our Pandora stores located in the United Arab Emirates, who will answer their queries in relation to Pandora products and the Pandora Personal Shopping Service made available to customers through WhatsApp, as well as guide the customer in the purchase of our products via WhatsApp.

The WhatsApp Pandora Personal Shopping Service is available only to individuals and others who meet our terms of eligibility, who have been issued a valid credit/debit card by a bank acceptable to us, whose applications are acceptable to us and who have authorized us to process a charge or charges on their credit/debit card in the amount of the total purchase price for the product(s) which they purchase. Products purchased by a customer as a buyer are for personal or gift use and should not be re-sold, used for commercial purposes or any other commercial benefit. In addition, we reserve the right to restrict multiple quantities of a product being shipped to any one customer or delivery address.

A customer may send messages or voice notes via WhatsApp for advice relating to the purchase of Pandora products, and the Pandora sales assistant will guide the customer in the purchase, including providing information regarding the availability of products in our Stores, by sending to the customer, messages, recorded videos, voice notes or photographs, if requested.

You agree that you will be personally responsible for your use of the WhatsApp Pandora Personal Shopping Service and for all of your communication pursuant to the same. Your use of the WhatsApp Pandora Personal Shopping Service must not contravene any applicable laws, rules, regulation, social norms, customs or commercial practices of the United Arab Emirates. If we determine that you are or have been engaged in prohibited activities, or otherwise violated the Ts&Cs, we may deny you access to the WhatsApp Pandora Personal Shopping Service on a temporary or permanent basis.

We reserve the right to preserve, and disclose any information received from you via WhatsApp as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce the Ts&Cs, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect our rights, property or safety, other users and the public.

When communicating with us, you agree not to make comments that are not factual in nature including without limitation making any racist or otherwise offensive or inappropriate comments, using profanity, abusing another user, disrespecting another culture or any other derogatory or inappropriate comments.

Placing an order

All Pandora products are sold via the WhatsApp Pandora Personal Shopping Service by Panmeas Jewellery LLC.

To purchase a Pandora product via the WhatsApp Pandora Personal Shopping Service, you need to:

-contact Pandora by WhatsApp message sent to the number indicated on the website https://www.pandora.net/en-ae;

- choose the Pandora product(s) you wish to purchase with the help of the Pandora sales assistant, who will check the availability of the relevant product(s);

- carefully read and respond to messages sent by the Pandora sales assistant via WhatsApp;

- provide your name, billing information, an eligible delivery address in the United Arab Emirates and your email address in writing via WhatsApp.

Once the above procedure has been completed, the Pandora sales assistant will send you, via WhatsApp, the purchase proposal containing the information provided by you, including the product(s) selected by you for purchase (“Purchase Proposal”), as well as a pdf copy of these Ts&Cs for future reference by the same customer.

The contract for sale and purchase is considered concluded when we send you the Purchase Proposal and confirmation has been received.

Prices, taxes and duties, shipping and handling charges

The price of any Pandora product offered for sale via the WhatsApp Pandora Personal Shopping Service will be the then current sale price of such product in the relevant Store, and will be reported to the customer by the Pandora sales assistant during the WhatsApp communication with the customer, and summarized in the Purchase Proposal. All prices of Pandora products are payable in United Arab Emirates Dirhams (AED), include VAT and any other applicable taxes or duties, but do not include shipping costs (see further below) or any surcharges arising from the customer’s chosen payment method.

The total price payable by the customer for the selected Pandora product(s), will be as set out in the Purchase Proposal.

Payment Proposal and Purchasing

The customer may pay for Pandora products offered for sale via the WhatsApp Pandora Personal Shopping Service by credit card, through a payment link provided by the Pandora sales assistant via WhatsApp or on delivery, or may pay cash on delivery.

If the customer has chosen to pay by credit card at the time of placing the order, payment must be made and debited from the customer’s account by the owner or authorised holder of a valid debit/credit card, and authorised, via the online payment link provided by the end of the day on which the customer received the Purchase Proposal, during which period, the relevant Pandora product(s) will be removed from general availability for purchase, and stored by the Pandora sales assistant on behalf of the customer. In the event that payment is not made and the debit from the customer’s account authorised within such period, the Purchase Proposal will be automatically cancelled and the relevant Pandora product(s) will be put back on sale and generally be made available for purchase. The Pandora sales assistant is not required to send any notice to the customer in this regard. In this case, if the customer still wishes to purchase the relevant Pandora product(s), a new enquiry, following the procedure indicated in Article 2 above; will have to be initiated by the customer.

If the customer has chosen to pay by credit card on delivery, payment must be made to our nominated courier service at the time of delivery and debited from the customer’s account by the owner or authorised holder of a valid debit/credit card.

In the event Pandora does not receive the appropriate authorisation from your card or payment service provider, Pandora reserves the right to reject your order.

The credit / debit cards accepted are MasterCard, Visa, China UnionPay, Discover and Diners Club.

If the customer has chosen to pay by credit card at the time of placing the order, once payment is made and the debit from the customer’s account has been authorised, the Pandora product(s) comprising an order will be shipped, and the Pandora sales assistant will send the customer a WhatsApp message confirming dispatch.

By making an offer to purchase merchandise you expressly authorise us to perform credit checks and where we feel necessary, to transmit or to obtain information (including any updated information) about you to or from third parties, including but not limited to your credit/debit card number or credit reports, to authenticate your identity, to validate your credit/debit card, to obtain an initial credit/debit card authorization and to authorize individual purchase transactions.

Furthermore, you agree that we may use personal information provided by you in order to conduct appropriate anti-fraud checks. Personal information that you provide may be disclosed to a credit reference or fraud prevention agency, which may keep a record of that information.

Shipping and delivery

We will endeavor to dispatch products sold via the WhatsApp Pandora Personal Shopping Service from the relevant Store within 2 working days of the later of the date of the Purchase Proposal or from receipt by Pandora of confirmation of payment for the order (where the customer has chosen to pay by credit card at the time of placing the order).

You should allow up to 2 working days from dispatch for delivery of your order. Shipping costs are charged to you at AED20 for product purchases of a value below AED400, otherwise shipping is free of charge. A fee of AED22 applies  where you have chosen to pay by cash on delivery. The applicable shipping charges are set out in the Purchase Proposal.

Delivery of orders will only be made within the United Arab Emirates territory, by our nominated courier service. Delivery of your order will be preceded by an email, sent directly by the courier to you, containing the information to enable you to track the package. In the event of any delay or failure in delivery of an order caused by the customer,  including (without limitation) where the customer has provided an incorrect delivery address, the package will be returned to Pandora and Pandora will be relieved of the obligation to deliver the order within the established delivery time.

The courier might request a signature of a natural person upon delivery. We and our courier are entitled to accept signature of any such person to effect delivery of your order to your nominated address, which shall be deemed to have occurred in accordance with our obligations to you under these Ts&Cs.

If no one is available to accept the package at your nominated delivery address, the courier representative will make a future, second, delivery attempt. In case of non-delivery on the second attempt, the package will be returned to Pandora, Pandora will be relieved of the obligation to deliver the order, the order will be automatically cancelled and the relevant Pandora product(s) will be put back on sale and generally be made available for purchase. In this case, Pandora will notify the customer of such cancellation and refund the amount paid by the customer for the relevant product(s) as soon as possible and in any case within fourteen days of receipt by Pandora of the returned product(s).

Pandora will not be responsible for delay in delivery, or non-delivery, caused by circumstances beyond its control and/or circumstances caused by the customer.

Product availability

The customer can only purchase Pandora products, which are, at such time, available for purchase in a Store, as confirmed by the Pandora sales assistant. If, in exceptional or unforeseeable cases, after the customer has been sent the Purchase Proposal or has made payment for a product, such product is not available, Pandora will immediately notify the customer and refund any sums paid by the Customer as soon as possible, and in any case within fourteen days.

Compatibility, product information

It is the responsibility of the customer to verify that any Pandora product purchased is compatible with the use for which the customer intends. The customer is requested to bear in mind that due to the limitations of reproducing images of the products on the screen/by electronic means, the exact color, size and design of the same may differ from the actual characteristics of Pandora products. We cannot guarantee that your device’s display of any colour of any Pandora product will be completely accurate, and some products may vary slightly from the images of the products provided.

Without prejudice to the foregoing, if a Pandora product that a customer receives does not correspond to that ordered, or if the delivery contains an incomplete order, or any product received is damaged or defective, we invite the customer to request assistance by contacting the Store without delay. Please refer to Articles 9 and 10 below for further details.

Ownership of products

The ownership of and title to the products, and the related risk, are transferred from Pandora to the customer upon delivery.

Exchange and return policy

We offer the customer 14 (fourteen) calendar days from delivery to return to Pandora, for exchange or credit note, a Pandora product purchased via the WhatsApp Pandora Personal Shopping Service at any Pandora store listed in Appendix A below, however please note that for reasons of hygiene and safety, earrings cannot be returned.

Pandora does not provide a refund for any returned products, subject to Article 10 below.

Once Pandora has received and validated your returned product, the customer will be offered the opportunity of either:

• an exchange; or
• Pandora credit note, valid for 6 months, and capable of being redeemed against the purchase price of any Pandora product(s), either in person in one of our Stores, or via the WhatsApp Pandora Personal Shopping Service,

for the net value of the product.

Any Pandora product returned must be in a new, unworn and resalable condition and Pandora reserves the right to refuse an exchange or to issue a credit note where the product is returned damaged or showing signs of use or wear. Pandora is entitled to reduce the value of any credit note to reflect any reduction in the value of the product, if this has been caused by your handling it in a way which would not be permitted in a Store.

In case of exchange, the Pandora product being returned by the customer must be returned together with any gifts / gadgets / free or discounted items (such as ‘buy 2 get 1 free’) provided by Pandora with such product at the time of purchase. If any such gifts / gadgets are not returned to Pandora in whole and in the same condition as provided to the customer, the customer is obliged to reimburse their value to Pandora and such value will be deducted from the value of any credit note issued or exchange credit value, as applicable.

Where the Pandora product being returned by the customer is part of a jewellery set, the entire jewellery set must be returned to Pandora.

Exceptions to the exercise of the right of exchange or credit note

The customer’s right of exchange or to a Pandora credit note on return of any Pandora product purchased via the WhatsApp Pandora Personal Shopping Service in accordance with these Ts&Cs is not available in respect of any Pandora product which has been ordered by a customer to be made according to specifications provided by the customer, or which has been customized or adapted in any way at the request of or to the requirements of a customer.

Faulty Products

We offer a one year warranty on all of our products. In the unlikely event that you receive a Pandora product which is faulty (which term does not include damage resulting from normal wear and tear), or if you otherwise have a right to replacement of the product under any applicable law, you may return the product to Pandora and Pandora will take appropriate action, which may be (in our discretion) to:

• repair the product;
• replace the product;
• issue a refund or credit note for the net value of the product.

Please note that to the extent that no specific measure of quality was agreed between us and set out in the relevant Purchase Proposal with respect to a particular product, the product will be deemed to be free from fault if:

• it is suitable for the use for which it is intended; or
• it is of the quality (as defined below) normally found in articles of the same type, and the customer can consequently expect such quality in the product, given its type.

The term "quality" used in this Article means the characteristics that a buyer could reasonably expect in the product based on statements and information specifically about the product in question, which are published by Pandora on our website www.pandora.net/en-ae save that, in the event the ‘quality’ of any Pandora product differs from that characterized in this Article, but:

• results in quality of equivalent level to that characterized in this Article; or
• such difference would not reasonably foreseeably alter the decision of a buyer to purchase the product,

the quality of the product in question will be deemed satisfactory and thereby free from any faults.

Customers are reminded to retain proof of purchase of Pandora products and to provide this to Pandora in the event of a returned product pursuant to this Article 10.

Pandora will not be liable for any fault or defect caused by improper use (such as knocks, dents, crushing etc.) of, mishandling of, damage caused by accident, or failure to appropriately care and maintain, any Pandora product. Please see our guidance above in relation to caring for your jewellery. Wearing counterfeit charms, charms from incompatible Pandora collections or charms by other brands on your Pandora product could damage the unique threading system and if such damage is caused, Pandora will have no responsibility to you under this Article.

Responsibility

We are not responsible to you or anybody else for any loss incurred in relation to use of the WhatsApp Pandora Personal Shopping Service. Your use of the WhatsApp Pandora Personal Shopping Service and any associated services is entirely at your own risk. We do not promise that the functional aspects of WhatsApp or the communications/materials provided to you will be error free or that WhatsApp, the communications/materials provided to you or the server that makes it available are free of viruses or other harmful components.

Save as expressly set out in the Ts&Cs, Pandora provides no warranty or guarantee that any Pandora product is suitable for a particular purpose requested / expected by a customer.

We are not responsible for losses which are not caused by our breach or negligence, indirect losses which are a side effect of the main loss or damage and which are not reasonably foreseeable by you and us (for example, loss of profits, loss of revenues, loss of contracts, loss of business or expected savings, loss of data, loss of goodwill or reputation or loss of opportunity).

If we breach the Ts&Cs, we shall only be liable for losses which are direct losses and a reasonably foreseeable consequence of such a breach. Losses are foreseeable where, for example, they could be contemplated by you and us at the time of you placing an order. In any event, we will only be liable for losses up to 100% of the total value of goods purchased (as applicable).

Nothing in these Ts&Cs shall exclude or limit Pandora's liability under applicable law for death or personal injury caused by Pandora, including through the fault of its employees, or any other liability that cannot be excluded or limited by law.

We are also not responsible for failure to meet any of our obligations under the Ts&Cs where such failure is due to events beyond our reasonable control or where due to inaccurate, misleading or untruthful information being provided by you.

We will not be liable to you for any failure, breach or any delay of any nature whatsoever that is caused by any event or circumstance beyond our reasonable control including (without limitation) war or terrorist acts, strikes, states of emergency at national or local level, government imposed orders or restrictions, curfews, lock-outs and other industrial disputes, non-performance by suppliers or subcontractors (other than by companies in the same group of companies as Pandora), earthquakes or other natural disasters, pandemics, postponements, failure of transport infrastructure, breakdown of information communication technology systems, interruptions in the supply of electricity or other utilities or network access, flood, fire, explosion or accident. In such circumstances, Pandora will notify you and take reasonable steps to minimise any delay. The time for Pandora's performance of its obligations is deemed to be extended for the period that any of the above continues. If Pandora is unable to fulfil your order for any reason, or if there is a substantial delay to our delivering your order, you may cancel your order and obtain a full refund.

At our request, you agree to compensate us fully, defend us, and hold us, our officers, directors, agents, affiliates, licensors, and suppliers, harmless, immediately on demand, from and against all liabilities, claims, expenses, damages and losses, including legal fees, arising from any breach of the Ts&Cs by you, including the use by any other persons accessing the WhatsApp Pandora Personal Shopping Service using your device or account, caused by your action or inaction, your use or misuse of the WhatsApp Pandora Personal Shopping Service, your violation of any third party’s intellectual property rights or any dispute you may have with any other user of the WhatsApp Pandora Personal Shopping Service.

Third Party Resources

As part of the communications via WhatsApp and your use of the WhatsApp Pandora Personal Shopping Service, we may provide, or provide links to, third party websites or resources operated or created by parties other than Pandora. We are not responsible for the content or accuracy of any such pages or resources, nor are we responsible for the availability of such external websites or resources, and do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content of any such websites, including (without limitation) any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offence 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 such external websites or resources.

Our Relationship

You acknowledge and agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of the T&Cs or your use of the WhatsApp Pandora Personal Shopping Service. You agree that you may not and will not hold yourself out as our representative, agent, or employee and we shall not be liable for any representation, act, or omission on your part.

These Ts&Cs constitute the entire understanding between us and you with respect to the subject matter of the Ts&Cs and supersede all prior agreements, negotiations, correspondence and discussions between us relating to it.

If any of the provisions of these Ts&Cs is deemed unlawful, null, or for any reason, unenforceable, such provision will be deemed severable from these Ts&Cs and will not affect the validity or applicability of the remaining provisions, and such severed provision will be deemed replaced by a provision which ratio or "economic purpose" is as close as possible to it.

Contacts

Pandora Customer Service is available via WhatsApp to help customers with their questions or any concerns relating to purchases made from Pandora via the WhatsApp Pandora Personal Shopping Service.

No Waiver

If you breach any provision of these Ts&Cs and we take no action against you, we will still be entitled to use our rights and remedies in any other situation where you breach the Ts&Cs.

Transferring rights and obligations to another person or organisation

The Ts&Cs are binding on you and Pandora. It will also be binding on any person or organisation to which Pandora might transfer its rights and obligations.

You may not transfer or otherwise dispose of your contract with Pandora, or any of your rights or obligations arising under it/the Ts&Cs, without Pandora's prior written consent.

Pandora may transfer or otherwise dispose of a contract with you, or transfer any of Pandora's rights or obligations arising under it/the Ts&Cs, at any time. If you have an outstanding order with Pandora at the time of any such disposal or transfer, you will be contacted if Pandora and you may cancel your outstanding order if you do not want to proceed.

Third Party Rights

Any person who is not a party to the contract between you and Pandora is not entitled to enforce any of its terms.

Intellectual Property Rights

The content provided to you via the WhatsApp Pandora Personal Shopping Service, including all jewellery design, copyright, trade marks and other intellectual property rights it contains, including the name Pandora is the sole property of Pandora or its licensors.

Entire Agreement

The Ts&Cs and any other document that we have referred to within them (including via hyperlink) represent the entire agreement between Pandora and you, and take precedence over any other previous agreement or representation made to you whether oral or in writing. In the event of any conflict between the terms of these Terms and Conditions, a Purchase Proposal, or any other document that we have referred to within them (including via hyperlink), the terms of the Purchase Proposal shall take precedence.

You acknowledge that, in entering into a contract with Pandora, you have not relied on any representation or promise given by Pandora or anyone else except as set out in the Ts&Cs.

Complaints, Governing Law & Dispute Resolution

If you have a complaint about us, please email us at Aeinfo@pandora.net giving full details of the issue and including the date of purchase and order reference number where applicable, your full name and address and contact details.

These Ts&Cs are governed by and construed in accordance with the law of the Dubai International Financial Centre, United Arab Emirates (“DIFC”). In the event of any dispute between you and us, we will first attempt to resolve the dispute amicably and in good faith. If that it is not possible, either we or you may refer the dispute to be finally settled by the DIFC courts.