GENERAL TERMS AND CONDITIONS OF USE

OF THE SITE OF ROUALLA LIMITED

General remarks

The general terms and conditions of use (hereinafter the «TCU») regulate the terms, rights and limit of use of the website https://roualla.com (hereinafter the « Site ») of the Maltese company Roualla Limited, with registered address at 85, St John Street, Valletta VLT 1165, Malta (hereinafter « ROUALLA»).

The Site operates a worldwide activity for the online sales of jewellery and accessories under the brand « ROUALLA » (hereinafter the « Products »).

Scope

The TCU apply to all individuals, persons or companies using the Site (hereinafter the «User») and making an order (hereinafter the « Order ») for himself or anyone else (hereinafter the « Customer ») according to the conditions stipulated in Article 2 of ROUALLA’s general terms and conditions of sale (hereinafter the « TCS »).

ROUALLA reserves the right to change these terms and conditions at any time. These TCU are available on the website under the tab «General terms of use». In case of any modification, the relevant TCU are those available at the moment of use of the Site. ROUALLA recommends Users and Customers to regularly check the last updated version of the TCU.

Acceptance of the Terms

By using and accessing the Site, Users and Customers accept, without limitation or qualification, all the TCU. Moreover, Users and Customers accept all the confidentiality policy clauses (hereinafter the « Confidentiality Policy ») available under Article 5 of the TCU.

Website access and availability

ROUALLA will do its best to ensure the availability of the Site 24/24 hours and 7/7 days. Unfortunately, this notwithstanding, there may be rare instances when access to the Site shall be interrupted due to maintenance operations, updates and fixes of the Site or following circumstances beyond ROUALLA’s control, including the failure of communications devices.

ROUALLA commits to take every reasonable action to avoid these disturbances, as long as they are under its control and responsibility. However, ROUALLA shall not be liable for any unavailability, suspension or interruption of access to the Site.

ROUALLA reminds Users and Customers that it does not control the Internet. Therefore, ROUALLA cannot guarantee the effective operation of the Internet and thus shall not be liable for the partial or total lack of access to the Site.

Confidentiality Policy

The Confidentiality Policy of the Site established by ROUALLA (hereinafter the “CP”) concerns the use of the Customer’s personal information such as his/her username, email address and password to create an account on the Site, as well as his/her first name, last name, company name, address and billing details to pay for Products purchased on the Site (hereinafter the «Personal Data»), that s/he has accepted to provide on the Site for the conclusion of a sale, which is defined in Article 3 of the TCS.

The Customer has complete information on the possible use of her/his Personal Data by ROUALLA in Article 4 of the TCS and in the CP.

The Site is not intended for use by minors under the age of 18.

Intellectual Property

ROUALLA is the exclusive owner of copyright on the photos (hereinafter the “Photos”), on the poetry (hereinafter the “Poetry”), on the song poems (hereinafter the “Song Poems”), and on all other texts, designs, drawings, graphics, icons, images, illustrations, audio clips, soundtracks, downloads, interfaces, code and software, as well as the selection and arrangement thereof (hereinafter ‘Components’) which make up the Site and being disclosed on it.

Users and Customers of the Site are not permitted to reproduce in whole or in part, by any means whatsoever, or to distribute, publish, communicate, alter or sell all or part of the content of the ROUALLA Site, or to create works derived from it.

ROUALLA shall benefit from the exclusive right to use the trademark “ROUALLA” and all other trademarks and logos associated with ROUALLA, whether or not they have been registered, which appear on the ROUALLA Site (hereinafter the “Trademarks”) as well as all domain names composed of “ROUALLA” alone or associated with ROUALLA. All reproduction, distribution, communication, alteration or use of the Trademarks and domain names, for any reason whatsoever, is prohibited.

Users and Customers of the Site are not permitted to remove any Photos and/or Poetry, and/or Song Poems, and/or Components and/or any work or content appearing on the ROUALLA Site which is protected by copyright.

Users and Customers of the Site may make a single copy of the webpages published on the Site of ROUALLA for their own private, personal and non-commercial use, provided that all copies of these webpages retain all mentions of “copyright” and exclusive rights of use which appear on them.

Users and Customers of the Site are permitted to neither frame nor use framing techniques to enclose any Components, Trademarks, any work or content of the Site, nor to use any meta tags or any hiding keywords in hidden text, or any hidden text using the ROUALLA name, its affiliates’ name or Trademarks.

Hypertext links to third party’s websites

The Site may include hypertext links to third party’s websites. These hypertext links are only advertising or informational content. ROUALLA does never provide any Personal Data to third party’s websites, who work on their own behalf. The inclusion of such links on the Site does not imply any express or tacit endorsement by ROUALLA for any third party’s websites or for any products offered thereon. ROUALLA does not have access to or control over cookies defined in Article 12 of the CP and links to third party’s websites and/or advertising and/or informational content that may be activated by Users and Customers on the Site. The advertising and/or information practices of third party on the Site are not covered by the CP. Consequently, ROUALLA cannot be held responsible for any access or use of these third party’s websites and their content by any Users and Customers.

Limitation of liability

ROUALLA shall not be liable for:

Any unavailability, suspension or interruption of the Site expressly referred to in Article 4 of these TCU;
Any risk related to the installation of software that could be used for accessing the Site or for any transmission error, technical defect, overload or interruption of communications as referred to in Article 6 of these TCU;
Any consequence of the access and/or use by any Users and Customers of a third party website and/or their content as defined in Article 7 of these TCU;
Any indirect, direct, incidental, special or consequential damages arising out of or in connection with your use or inability to use the Site;
Any direct or indirect damage caused by act of God as defined in Article 11 of these TCU.

This limitation of liability applies to the fullest extent permitted by law.

Disclaimer of liability

ROUALLA does not warrant or represent that:

The Site is free from viruses, worms, trojan horses or other destructive material;
The information contained on the Site is full, accurate, complete or up to date.

The Site may contain technical inaccuracies or other defects. ROUALLA does not guarantee that any such defects will be corrected. The Site and its content are provided on an « as it is » basis.

ROUALLA expressly disclaims all warranties of any kind, whether express or implied.

Social networks

Users and Customers are authorized to subscribe to the Site’s social networks profiles. By subscribing to these profiles, Users and Customers are doing so under their own responsibility and agree to be bound by the terms and conditions of use of the corresponding social network.

Act of God

An act of God is considered as being any causes that occurs beyond the control and/or independently of ROUALLA. The following list is given as example of such causes but they are not limited to those set out below due to the unpredictability and unavoidability of acts of God :

Natural disaster, frost time, fire, storm, flood and epidemic,
Supplies difficulties, strike, lock-outs or any other industrial action or dispute,
Dysfunction or interruption of communications channels, national and international mail services,
Electronical supply disruption, electronic and/or communication networks interruption that could affects ROUALLA’s obligation(s).

In case of an act of God, ROUALLA’s contractual or extra-contractual liability is not engaged for any damage cause directly or indirectly by the act of God. Therefore, no compensation whatever will be due to Users and Customers or any third party by ROUALLA.

Website’s modification

ROUALLA reserves its right to modify the Site at any time. The interruption caused will not provide grounds for Users and Customers or a third party to claim any compensation whatsoever for any direct or indirect damage resulting from the interruption. It is Users’ and Customers’ responsibility to check periodically the last updated version of TCU

Severability

If any clause herein is found to be void, unlawful or unenforceable by any competent Court of Law, the remaining provisions of these TCU shall remain in full force and effect, binding and enforceable.

Governing law and Jurisdiction

The TCU shall be governed exclusively by Maltese law.

The 1980 United Nations Convention on Contracts for the International Sale of Goods (hereinafter the “CISG”) shall not apply.

Any dispute arising out or in connection with the interpretation, execution or non-execution of the TCU shall be submitted to the express attribution of jurisdiction of the Courts of Malta, where the head office of ROUALLA is located.

THE CONFIDENTIALITY POLICY

ON THE SITE OF ROUALLA LIMITED

General remarks

The confidentiality policy (hereinafter the “CP”) on the website at https://roualla.com, including any of its sub-domains and links thereon (hereinafter the Site) is established by the Maltese company Roualla Limited, located at 85 St. John Street, Valletta VLT 1165, Malta (hereinafter “ROUALLA“).

Scope

The CP applies to all individuals, persons or companies, using the Site (hereinafter the “User“) and placing an order (hereinafter the “Order”) for himself or anyone else (hereinafter the “Customer”) according to conditions set out in Article 2 of ROUALLA’s general terms and conditions of sale (hereinafter the “TCS”).

ROUALLA reserves the right to change the CP at any time. This CP is available on the Site under the tab «Confidentiality Policy». In case of any modification, the applicable CP to Users and Customers is the one available at the moment of the use of the Site. ROUALLA recommends Users and Customers to regularly check the last updated version of the CP.

Acceptance of the terms

By using the Site and/or placing an Order, Users and Customers accept, without limitation or qualification the CP. Moreover, Users and Customers accept all the CP clauses available under Article 5 of the General Terms and Conditions of Use (hereinafter the “TCU”).

Personal Data

ROUALLA takes into consideration that Users and Customers are concerned about how personal information they provided to ROUALLA, such as their username, email address, password to create an account on the Site, and their first name, last name, company name, address and billing details for purchasing jewellery and accessories under the brand ROUALLA (hereinafter the “Products”) on the Site as well as any other information of any kind collected by ROUALLA by the simple use of the Site such as defined in Articles 9 and 12 below, (hereinafter the “Personal Data”) is used and shared.

By this CP, ROUALLA is committed to protecting the Personal Data of Users and Customers and comply with the applicable data protection laws.

ROUALLA complies with the Data Protection Act, Chapter 440 of the laws of Malta and the relevant European Union Regulations related thereto, including the General Data Protection Regulation 2016/679 of April 27, 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (GDPR) (hereinafter the “Applicable laws“).

The Data Controller

Any Personal Data that is provided to, or gathered by ROUALLA is controlled by it, thereby acting as the data controller registered in accordance with the Applicable Laws (hereinafter the “Data Controller”). ROUALLA is responsible for collecting and processing Personal Data from the Site and ensures that the Personal Data of Users and Customers are processed fairly, lawfully, in accordance with good practice and collected only for specific purposes which are known and accepted by Users and Customers.

Purposes of collecting Personal Data

The Personal Data collected by ROUALLA allows it to:

continuously improve the Site’s infrastructure, organization and functioning;
customize the Site’s content according to the use of the Site by Users and Customers;
communicate with the Customer and the User and respond to their queries;
improve the worldwide online sales of Products;
prevent and detect fraud or abuses.

Personal Data are received, stored and processed by ROUALLA only when Users and Customers consent and submit them through the Site or for the conclusion of a sale. Users and Customers can choose not to provide all information requested by ROUALLA but in that case Users and Customers might not be able to take advantage of the entire content of the Site.

Certain types of information are processed by automatic means whenever Users and Customers interact with ROUALLA (including for instance through the use of « cookies », or through email confirmations when Users and Customers open emails, if your terminal supports such functionality).

Personal Data Security

The Personal Data of Users and Customers which are stored on the ROUALLA’s servers may only be accessed by the ROUALLA’s employees as well as affiliates of ROUALLA in possession of the required clearance. All authorized persons who have access to Personal Data are required to comply with the terms of the CP and are contractually obliged to keep Personal Data strictly confidential even after termination of their appointment by ROUALLA.

ROUALLA is reasonably committed to take all possible technical and organisational measures to protect Personal Data of Users and Customers from illegal or accidental access, destruction, alteration, blocking, copying, distribution, unauthorised disclosure of, or access to, Personal Data transmitted, stored otherwise processed as well as other illegal actions from third party. ROUALLA seeks to adopt the best practices when it comes to the principles of Personal Data processing and communication by email with the Users and Customers. This procedure is in place in order to ensure Personal Data of Users and Customers to be, at all times :

Processed in accordance with the rights of Users and Customers, in a fair and lawful manner ;
Obtained only for specific and lawful purposes ;
Suited finely to their purpose ;
Safeguarded in accurate and updated form ;
Stored securely;
Retained no longer than is necessary for the purpose; and
Used for marketing purposes based on the “opt-in” principle.

ROUALLA shall only transfer Personal Data to third countries only if such third country has an adequate level of personal data protection, or if such transfer is required for conclusion of a sale in accordance with the Applicable Laws.

ROUALLA shall ensure that a privacy impact assessment (hereinafter the « PIA ») is intended in order to identify and minimize non-compliance risks with the protection of privacy. The PIA must take place before any « high risk » Personal Data processing activity.

Disclosure of Personal Data

The only time that ROUALLA may disclose Personal Data of Users and Customers stored in its servers, is when ordered to do to so by virtue of an official decision which is derived from an authority in accordance with the Applicable Laws, or when so ordered by the Data Protection Commissioner appointed under Article 36 of the Data Protection Act, Chapter 440 of the laws of Malta. Furthermore, ROUALLA may also disclose Personal Data of Users and Customers when they are directly and/or indirectly involved in a crime that concerns the Site and/or the conclusion of a sale.

Site Traffic Information

ROUALLA may collect, upon explicit consent provided by Users and Customers, information on the pages of the Site visited by Users and Customers, including, but not limited to, IP addresses, geolocation data, the type of browser that Users and Customers use, details of any links which direct Users and Customers to the Site and the times Users and Customers access the Site. This information is used by ROUALLA in order to understand Users and Customers preferences better and to manage the load on servers, so as to customize the Site’s content according to the use of the Site by Users and Customers and continuously improve the Site’s infrastructure, organization and functionality as per Article 6 of the CP here above.

Customer service correspondence

In case Users and Customers forward any queries to ROUALLA at info@roualla.com, Personal Data may be retained by ROUALLA for Customer service purposes, to keep records of ROUALLA’s relationships with Users and Customers, to measure and improve Customer service, and to investigate potential fraud and violations of the ROUALLA’s terms and conditions. Such records may be deleted if permitted by law.

Questionnaires, Surveys and Profile Data

ROUALLA may, from time to time, offer to Users and Customers optional questionnaires and surveys for such purposes as market research, collection of demographic information or assessing interests and needs of Users and Customers. The use of the information collected in such surveys will be explained in detail in the survey itself. If personally identifiable information is collected from Users and Customers, and if the questionnaire or survey is not anonymous, Users and Customers will be given notice on how the information will be used prior to their participation in the survey or questionnaire.

Cookies

By using the Site and/or purchasing Products on the Site with the Users and Customers browser settings adjusted to accept cookies, Users and Customers expressly consent to the use of cookies and other technologies described in this CP. Users and Customers are invited to read the information below to understand how to modify the settings in their browser which will notify them when Users and Customers receive a new cookie or disable cookies altogether.

Cookies (hereinafter the “Cookies”) are small text files stored on Users and Customers computer and used to track what Users and Customers do through their use of the Site and/or when purchasing Products on the Site. The information collected is primarily aimed to customize the Site’s content according to such use of the Site by Users and Customers and continuously improve the Site’s infrastructure, organization and functionality as per Article 6 of the CP here above. Cookies will not identify Users and Customers personally – but only the browser that is installed on the computer, tablet or mobile used by Users and Customers for the use or purchasing of Products on the Site.

There are two types of Cookies : permanent Cookies and session Cookies.

Permanent Cookies

A Cookie which is permanent remains on the computer of Users and Customers for a specified period of time (hereinafter the “Permanent Cookie”). The Permanent Cookies are used to improve the Site and/or the conclusion of a sale by receiving statistics related to how Users and Customers use the Site, such as number and quantity of headings visited, movements in navigation, and more generally preferences, interests, or Internet device used (computer, tablet or mobile) as well as the well-functioning of the Site.

Session Cookies

A session cookie is temporarily stored in computers of Users and Customers memory (hereinafter the “Session Cookie”) while Users and Customers are browsing the Site and/or purchasing Products on the Site. Session Cookies disappear when Users and Customers close their browser. The use of the Site and/or the conclusion of a sale make use of Session Cookies to handle the information collected by ROUALLA related thereto.

Cookies may also be used by ROUALLA for additional purposes, including:

Identifying Users and Customers when signing-in to the Site or for a conclusion of a sale;
Providing Users and Customers with Product recommendations and displaying personalised content notably to Customers whether they have created an account or not for the conclusion of a sale;

Keeping track of specified likes and preferences of Users and Customers, enabling ROUALLA to agree with them;

Conducting research and diagnostics to improve the content of the Site, including the presentation of Products as well as the Site’s infrastructure, organization and functionality as per Article 6 of the CP here above;

Preventing fraudulent activities; and
Improving security.

The « Help » or « FAQ’s » on the menu bar of most browsers will explain how to prevent browser of Users and Customers from accepting new cookies, how to have the browser notify Users and Customers when they receive a new Cookie and how to disable Cookies altogether. Additionally, Users and Customers can disable or delete data used by browser add-ons by amending the add-on settings.

As Cookies allow Users and Customers to take advantage of the entire content of the Site that facilitate experience and/or navigation on it, it. is therefore recommended to Users and Customers to leave them turned on. However, in this case Users and Customers shall ensure to sign off when they finish using a shared computer.

Cookies may also be collected by the usual service providers, offering services through the Site, such as PayPal, Google Analytics, Facebook, etc… Limiting the use of Cookies on the Site may also limit the possibility for Users and Customers to use services of these providers. ROUALLA recommends therefore that Users and Customers read the confidentiality policy of the respective usual service providers to understand why and how they collect cookies.

Shared Personal Data

As Personal Data are confidential, ROUALLA will not selling them to third parties.

ROUALLA may be required to release Personal Data when the release is appropriate or necessary to comply with the law or enforcement order; or to enforce or apply the TCS or TCU of ROUALLA; or protect the right, property or safety of ROUALLA, its Users and Customers, including for fraud protection and credit risk. ROUALLA shall not sell, rent, share or otherwise disclose Personal Data for commercial purposes in a way that is contrary to the commitments made in the CP.

To ensure the use of the Site and/or the conclusion of a sale, ROUALLA has the right to transfer Personal Data to authorized providers by ROUALLA to provide any services useful for the intended use of the Site and/or for the conclusion of a sale (hereinafter the “Authorized Providers”). The Authorized Providers have the right to use the received Personal Data for the sole purpose of providing their services to Users and Customers and are bound by the terms of CP, TCU and TCS, that ensure the proper use of Personal Data provided to ROUALLA.

Users and Customers accept that ROUALLA shall have the right to transfer their Personal Data to any affiliates of ROUALLA for the purpose of customizing the Site’s content according to the use of the Site by Users and Customers, and continuously improving the Site’s infrastructure, organization and functionality as per Article 6 of the CP here above.

Users and Customers will receive notice from ROUALLA when Personal Data might be transferred to the Authorized Providers and Users and Customers will have the opportunity to choose not to share their Personal Data, by sending an email to Customer service at info@roualla.com.

If Personal Data are transferred to be shared to countries outside the European Union ROUALLA will ensure that Personal Data are transferred in accordance with the CP and as permitted by the Applicable Laws.

ROUALLA strives to protect the security of Personal Data of Users and Customers during transmission by using encryption software. ROUALLA maintains physical, electronic and procedural safeguards in connection with the collection, storage and disclosure of Personal Data. ROUALLA’s security procedures may require proof of the identity of Users and Customers before their Personal Data are accessible to them.

Users and Customers shall take all necessary measures against unauthorised access to their password and to their computer. In this respect, ROUALLA highly recommends Users and Customers to sign off when they cease to use the Site.

Transfer of Personal Data

If ROUALLA decides to merge with another company in the future, through a process such as reorganisation and/or merger and/or sale and/or acquisition and/or liquidation, and/or through any other process, Personal Data may be transferred along with ROUALLA or its part.

Hypertext links to third-party’s websites

The Site may include hypertext links to third party’s websites. These hypertext links are only advertising or informational content. ROUALLA does never provide any Personal Data to third party’s websites, who work on their own behalf. The inclusion of such links on the Site does not imply any express or tacit endorsement by ROUALLA for any third party’s websites or for any of their products or services offered thereon. ROUALLA does not have access to or control over cookies and links to third party’s websites and/or advertising and/or informational content that may be activated by Users and Customers on the Site. The advertising and/or information practices of third party on the Site are not covered by the CP. Consequently, ROUALLA cannot be held responsible for any access or use of these third party’s websites and their content by any Users and Customers.

Access Right

Users and Customers may access a broad range of information about their interactions with the Site for the purpose of viewing and, in certain cases, updating their Personal Data. Users and Customers may ask ROUALLA, as Data Controller, to confirm whether any of their Personal Data are being processed.

Notices

If Users and Customers have any concern about their privacy, they are kindly requested to forward an e-mail to ROUALLA at info@roualla.com containing a detailed description of their concerns. ROUALLA will do its best to resolve such issues within a reasonable time.

Users and Customers have the right to object to the processing and collection of their Personal Data, and to withdraw their consent at any time, except where otherwise determined by the Applicable Laws. Whenever Users and Customers withdraw consent provided to ROUALLA to process and collect their Personal Data, they acknowledge and accept that such withdrawal may cause the impossibility of access to the Site or purchasing Products on the Site. Users and Customers agree that ROUALLA shall not be liable for any loss and/or damage to their Personal Data.

Indemnity

Users and Customers shall compensate ROUALLA and/or its affiliates for any loss, damage caused to ROUALLA resulting from an inappropriate access and use of the Site.

Waiver

If Users and Customers do not comply with the terms and conditions of the CP, and in such case if ROUALLA does not take subsequent action to enforce at any time, any of the provisions of the CP, ROUALLA shall not be deemed to have waived its rights against Users and Customers and reserves expressly its rights to take subsequent action.

Severability

In the event that any of these terms, conditions or provisions shall be determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision shall to that extent be severed from the remaining terms, conditions and provisions, which shall continue to be valid to the fullest extent permitted by law.

Law and Forum

The CP shall be governed exclusively by Maltese law.

The 1980 United Nations Convention on Contracts for the International Sale of Goods (hereinafter the “CISG”) shall not apply.

Any dispute arising out or in connection with the interpretation, execution or non-execution of the CP shall be submitted to the express attribution of jurisdiction of the Courts of Malta, where the head office of ROUALLA is located.