Terms and Conditions
TERMS AND CONDITIONS
Terms and Conditions of Dreamy Jewellery (DreamyJewellery.com)
**1. Introduction**
1.1 These Terms and Conditions apply to the use of our website and the purchase of products offered through our website.
1.2 Definitions and interpretations of these Terms and Conditions are provided in Section 26.
**2. Acceptance**
2.1 You represent and warrant that: (a) you are an individual and at least 18 years old; (b) you are authorized to enter into a legally binding contract with us; and (c) you are not prohibited by applicable law or any agreement from entering into a legally binding contract with us.
2.2 We reserve the right to request written confirmation of your capacity to accept these Terms and Conditions.
2.3 You represent and warrant that you have not: (a) been convicted of any computer- or internet-related crime; and (b) been previously denied access to our products or website.
2.4 We reserve the right to deny access to our website if we believe such denial is necessary or appropriate.
2.5 By placing an order, you declare and warrant that: (a) you have read these Terms and Conditions carefully and in full; (b) you are purchasing the order only in accordance with these Terms and Conditions; (c) you accept that any order confirmation is issued solely based on these Terms and Conditions; and (d) you agree to be bound by these Terms and Conditions.
2.6 If you do not accept these Terms and Conditions, you may not use the website or purchase any products.
2.7 You must explicitly agree to these Terms and Conditions to: (a) submit information to or via our website; or (b) purchase a product.
2.8 By visiting our website, purchasing products, or accepting these Terms and Conditions: (a) you also accept our Privacy Policy; and (b) you agree to comply with our Usage Policy (see Section 12 below for further details).
2.9 We recommend that you print a copy of these Terms and Conditions for future reference.
2.10 If you do not accept these Terms and Conditions, you cannot place orders or communicate with us.
**3. Personal Use**
You acknowledge that you will only use the website to purchase products for personal and non-commercial use, as the primary user and not as a representative or on behalf of any other person.
**4. Prices**
4.1 Product prices on our website include shipping costs but exclude taxes, customs fees, government charges, or other similar costs ("not paid and not charged").
4.2 Any customs fees, taxes, or other government charges and declarations for importing the products to the delivery address are your responsibility and are not included in the product price. Additional costs, such as customs fees or VAT, may apply to deliveries outside the EU, as goods are shipped from a non-EU country (China). For clarity on customs fees for specific products, please contact our customer service before placing an order. Customs fees or import duties are not paid by us and are the buyer's responsibility. Goods are always shipped "not paid and not charged." The buyer is the "registered importer" and responsible for proper payment of customs fees and/or import duties and must comply with all laws and regulations of the import country. Due to varying import regulations, you should verify customs fees and import duties applicable to your country before placing an order.
4.3 We strive to ensure that all product details, descriptions, and prices on our website are accurate. However, errors may occur. If we find a price error, we will notify you as soon as possible, giving you the option to confirm or cancel your order. If we cannot reach you or do not receive a response, the order will be considered canceled, and you will receive a full refund. If you choose to confirm your order, we will arrange delivery and charge or refund you as communicated, using the payment method you used for the order.
4.4 We are not obligated to fulfill an order if the price listed on the website is incorrect (even if you have received an order confirmation).
4.5 Prices are subject to change. These changes will not affect an order for which confirmation has been sent.
**5. Placing an Order**
5.1 All orders are subject to stock availability. If stock is available, you will receive an order confirmation. If there are delivery issues or insufficient stock, we will inform you via email and issue a refund.
5.2 A contract is only formed when we send you an order confirmation, covering only the product(s) listed in the confirmation. These Terms and Conditions are part of the contract and exclude all other terms.
5.3 If your order includes multiple products, they may be delivered separately.
5.4 We reserve the right to remove products from the website or alter content without liability to you or third parties.
5.5 We reserve the right to reject or cancel an order at any time (even after an order confirmation). We are not liable for canceling or rejecting an order.
5.6 If we cancel your order after payment, you will receive a full refund.
**6. Payment**
6.1 You may pay for products using any payment method listed on our website.
6.2 Orders can be partially or fully paid with a discount voucher issued by us. Promotional vouchers can only be used online at checkout.
6.3 We may use payment service providers to process payments. You consent to us sharing your documents and information, including personal data, with these providers.
6.4 We are not a regulated payment service provider or financial services provider and are not liable for failed payments or issues caused by payment service providers.
6.5 You are responsible for providing complete and accurate information during the payment process, and all payments must be made with your own funds. By placing an order, you confirm that: (a) the payment method used belongs to you; (b) if applicable, you are the lawful owner of the discount voucher; and (c) you have sufficient funds or credit to cover the order.
6.6 We are not responsible for unauthorized use of your credit, debit, or prepaid cards by third parties, even if reported as stolen. We reserve the right to notify authorities of fraudulent payments or illegal activities.
6.7 You agree not to: (a) cancel or attempt to cancel a payment for the products; or (b) chargeback payments for the products.
6.8 You fully indemnify us against any chargebacks or cancellations of payments and any resulting losses, costs, liabilities, or expenses.
**7. Delivery**
7.1 We are committed to delivering your order to the delivery address you provided when placing the order.
7.2 We will inform you of an estimated delivery date upon payment.
7.3 We may notify you if we expect not to meet the estimated delivery date, but we are not liable for any losses, liabilities, costs, damages, or expenses arising from the failure to meet the estimated delivery date.
7.4 We may not be able to deliver products to certain locations. In such cases, we will inform you and ensure that the order is either canceled and refunded or delivered to another address confirmed by you.
7.5 Delivery of the products is considered complete when the products are delivered to the specified delivery address.
7.6 You are responsible for: (a) accepting the products upon delivery and checking for visible damage; (b) contacting our customer service regarding any issues or complaints with the delivery of the products; (c) ensuring that the delivery address is correct and that you or someone else is available to accept the products; and (d) any costs for redelivery or additional charges if you are not present to accept the delivery.
7.7 If you do not receive the products within a reasonable time after delivery, you must notify our customer service.
**8. Risk and Ownership**
8.1 The risk of loss or damage to the products passes to you upon delivery.
8.2 Ownership of the products passes to you upon delivery, provided we have received all payments for the products.
**9. Cancellation and Returns**
9.1 You have the right to cancel an order or return products in accordance with our return policy.
9.2 You may return products within the period specified by us after receiving the products. Please refer to our return policy for more information on submitting a return request.
9.3 We reserve the right to deny or cancel a return request if you do not comply with our return policy.
9.4 If you return a product that is defective or does not meet specifications, we reserve the right to inspect the product and confirm whether the complaint is justified before offering a refund or replacement.
9.5 In the event of a cancellation or return of products that have been correctly delivered, you are responsible for the return shipping costs and the risk of loss or damage during the transportation of the returned products.
9.6 If we approve your return request, we will provide you with a full refund for the returned products and the original shipping costs. This does not apply to any additional costs incurred by you or return shipping costs.
9.7 Refunds are generally processed using the same payment method you used for the original order.
**10. Complaints and Disputes**
10.1 You must notify us immediately of any complaints regarding the products or their delivery.
10.2 We will make all reasonable efforts to resolve complaints, but we are not liable for damages or losses resulting from complaints not submitted to us in a timely manner.
10.3 Disputes between you and us regarding these Terms and Conditions or your use of the website will be handled according to the applicable laws and procedures of your jurisdiction.
**11. Limitation of Liability**
11.1 We are not liable for any loss of profits, data loss, loss of use, or other indirect or consequential damages arising from your use of the website or the products unless the damage is caused by our intent or gross negligence.
11.2 Our total liability for losses or damages arising from a defect in fulfilling an order or other failure to meet our obligations to you is limited to the amount you paid for the relevant order.
11.3 Nothing in these Terms and Conditions excludes our liability for: (a) death or personal injury caused by our negligence; (b) fraud or fraudulent misrepresentation; or (c) other liabilities that cannot be excluded by applicable law.
**12. Use of the Website**
12.1 You may use the website only in accordance with these Terms and Conditions and our acceptable use policy.
12.2 You may not use software or other means to damage, disrupt, or modify the website.
12.3 You may not collect information from the website or other users without their consent.
12.4 We reserve the right to terminate or restrict your access to the website if we believe that you have violated these Terms and Conditions or our acceptable use policy.
**13. Intellectual Property**
13.1 All intellectual property rights in the website and the products belong to us or our licensors.
13.2 You may not use any intellectual property rights of us or our licensors without prior written consent.
**14. Changes to the Terms and Conditions**
14.1 We reserve the right to change these Terms and Conditions at any time.
14.2 Changes to the Terms and Conditions will be communicated to you via the website or in another manner we deem appropriate.
14.3 Your continued use of the website after changes to the Terms and Conditions means that you accept the revised terms.
**15. Assignment**
15.1 We may assign our rights and obligations under these Terms and Conditions to third parties without your consent.
15.2 You may not assign your rights or obligations under these Terms and Conditions without our prior written consent.
**16. Severability**
16.1 If any provision of these Terms and Conditions is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
**17. No Waiver of Rights**
17.1 The failure to exercise rights or remedies by us does not mean we waive those rights or remedies.
**18. Language**
18.1 These Terms and Conditions are written in Dutch. In case of conflict between the Dutch version and translations into other languages, the Dutch version prevails.
**19. Governing Law and Jurisdiction**
19.1 These Terms and Conditions are governed by the laws of the Netherlands and are interpreted in accordance with those laws.
19.2 Disputes arising out of or in connection with these Terms and Conditions shall be submitted to the competent courts in the Netherlands.
**20. Contact Information**
20.1 If you have any questions or comments regarding these Terms and Conditions, you can reach us using the contact information provided on our website.
**21. Data Protection**
21.1 Our Privacy Policy is an integral part of these Terms and governs your visit to and use of our website.
21.2 We use cookies on our website. We also use cookies to determine how our customers want to view the website. By accepting these Terms, you also consent to the use of cookies for this purpose. For more information about cookies, please refer to our Privacy Policy.
21.3 If you provide us with your personal data, we will process it according to your instructions and implement reasonable security measures to protect the personal data against unauthorized and unlawful use as well as against loss, destruction, or accidental damage.
21.4 Unless otherwise specifically agreed, information and documents created during the sale of products by us may be shared in electronic form with our employees, agents, consultants, or representatives and may be accessed by them.
**22. Viruses**
22.1 We do not guarantee that our website is secure or free from errors or viruses.
22.2 You are responsible for configuring your IT systems, software, and platforms to access our website. You must use your own antivirus software.
22.3 You must not misuse the website by deliberately introducing viruses, trojans, worms, logic bombs, or other harmful or technologically dangerous materials.
22.4 You must not attempt to gain unauthorized access to our website, the server on which our website is hosted, or any server, computer, or database connected to our website.
22.5 You must not attack the website via a denial-of-service attack or a distributed denial-of-service attack.
22.6 If we believe that you have violated any provision of this Article 22, your right to use the website will immediately cease. We may report such violations to the relevant authorities and will do so if required by applicable law.
**23. Liability**
23.1 Subject to the provisions of Section 23.13, we exclude all liability to the extent permitted by law and accept no liability for losses incurred by you or third parties due to:
(a) Third-party content or user content;
(b) Our content, particularly the accuracy, completeness, or timeliness of our content;
(c) The products, particularly their quality, images, description or specifications, conformity with the description, and suitability of the products for a particular purpose;
(d) Reliance on information in these Terms or on our website or on the functions offered in these Terms or on our website;
(e) Inability to access the website or if access is interrupted or partially or faultily available at any given time; and
(f) Any failure or delay in fulfilling our obligations, regardless of whether we were aware of it, to the extent that the failure or delay is caused by circumstances beyond our reasonable control, including telecommunications disruptions, power outages, terrorism, fuel strikes, bad weather, computer failures, supply chain issues, labor disputes, and staff shortages due to illness or injury, whereby the fulfillment period for the relevant obligation shall be extended accordingly.
23.2 We are not liable for loss of profit, loss of business opportunities, loss of customer base, loss of savings or benefits, or for indirect, special, or consequential damages, regardless of whether such loss or damage was reasonably foreseeable or you were aware of the possibility of such loss or damage.
23.3 Our direct or indirect liability under these Terms (including your purchase of products from us under these Terms) or not expressly excluded by these Terms is limited and shall not exceed 1000 USD or five times the price you paid for the products that triggered the liability. This amount will be reduced by the amount of any outstanding claims you owe us.
23.4 Each party must bring claims for breach of contract, tort (including negligence), breach of statutory duties, or otherwise arising out of or in connection with these Terms within one year of the act or omission that caused the loss or costs.
23.5 To the extent that claims cannot be excluded or limited by law, no personal liability can be raised against any of our employees, agents, consultants, or other representatives involved in fulfilling obligations.
23.6 All representations or warranties, whether contractual or otherwise, as well as all warranties, conditions, terms, promises, and obligations arising from statute, common law, usage, trade practices, or otherwise (including implied warranties of satisfactory quality, conformity with description, and fitness for a particular purpose) are excluded to the fullest extent permitted by law.
23.7 A claim may only be brought against us (including our employees, agents, or consultants) based on a single act or omission. An act or omission includes a series of related acts or omissions, the same act or omission in a series of related cases, or similar acts or omissions in a series of related cases and includes all claims arising from a single subject matter.
23.8 The limitations in this Article 23 apply to our joint liability to you (including all other parties for whom we may be liable, with or without our consent) in relation to a claim, and you and all other parties may only be liable once for the same loss.
23.9 If joint liability applies between us and another party, we are only obligated to pay you the part of the liability that is reasonably attributable to our fault. We are not obligated to pay you the part of the liability that is attributable to the fault of another party.
23.10 Our liability to you will be reduced by the portion for which another party would be liable if: (a) you had also brought a claim or demand against that party, or (b) we had brought a claim or demand against that party based on the Civil Liability (Contribution) Ordinance or a similar law in another relevant jurisdiction.
23.11 In determining the liability of other parties to you, it will not be considered that you are unable to seek recourse against another party because claims against that party have expired, that party does not have sufficient means, that party invokes liability limitations, or that party no longer exists.
23.12 The exclusions and limitations of liability in these Terms do not affect our liability for:
(a) Death or personal injury caused by our negligence;
(b) Fraud or gross negligence in the performance of our activities;
(c) Any other liability that cannot be excluded or limited in the jurisdiction of a relevant claim, including our rights to limit our liability; and
(d) In all other cases, to limit our liability to the minimum amount required by applicable laws or regulations for the claim, with this minimum amount serving as compensation for the otherwise applicable amount.
23.13 These provisions constitute a final list of available remedies for any party or third party against a party concerning these Terms.
**24 Indemnification**
24.1 Upon request, you are obliged to fully indemnify us and hold harmless from all claims, costs, and losses of any kind incurred by the indemnified parties arising from or in connection with:
(a) a material breach by you of the provisions of these terms;
(b) fraud, negligence, misconduct, or carelessness in relation to your obligations under these terms; and
(c) your use of our website.
24.2 We have the right to recover all reasonable costs related to an indemnity claim from you, and all such costs are payable upon request.
**25 Force Majeure**
25.1 Should a force majeure situation last longer than one week, we may amend or terminate these terms.
25.2 All disputes, conflicts, controversies, or claims (including non-contractual claims) arising from or in connection with these terms, including questions of existence, validity, interpretation, performance, breach, or termination of these terms or any disputes regarding non-contractual obligations arising from or in connection with these terms, shall be submitted to arbitration in Hong Kong and finally resolved by that arbitration in effect at the time the arbitration claim is submitted. This arbitration clause is governed by the law of Hong Kong. The seat of arbitration shall be Hong Kong. The number of arbitrators shall be one. The arbitration proceedings shall be conducted in English.
**26 Company Information**
Email: info@DreamyJewellery.com
**27 Interpretation**
27.1 In these terms and conditions:
“Contract” refers to your order of one or more products in accordance with these terms and conditions, which we accept pursuant to Section 4.3;
“Customer” refers to any natural person who places an order on the website;
“Delivery Address” refers to the delivery address specified in the relevant order;
“Estimated Delivery Date” refers to an estimated delivery date of an order;
“Force Majeure” refers to any event or situation that prevents us from fulfilling an obligation under these terms and conditions or delays the performance, when the cause is beyond our reasonable control and is not due to a lack of reasonable care to avoid such prevention or delay, including war or threat of war; natural or nuclear disasters; riots or civil commotion; pandemic; terrorism; willful damage; fire or flooding; compliance with new laws or regulations of government or judicial authorities; closure of airports or ports; or trade disputes not affecting the party affected by the event or situation causing the interruption or delay;
“Indemnified Parties” refers to us, any affiliated party, and their respective directors, employees, contractors, and agents;
“Intellectual Property Rights” refers to all intellectual property rights, including patents, trademarks, design rights, copyrights, database rights, trade secrets, and all similar rights;
“Order” refers to the order you have placed via our website to purchase a product or products from us;
“Order Confirmation” refers to our email confirming your order in accordance with Section 4.3;
“Payment Provider” refers to a third party we use for processing payments;
“Product” refers to a product offered on our website;
“Website” refers to the website;
“Website Infrastructure” refers to all our systems (including the code) that enable, provide, or describe the website.
27.2 References to “Sections” refer to the sections of these terms and conditions.
27.3 Headings are for convenience only and do not alter the interpretation or structure of these terms and conditions.
27.4 Words in the singular include the plural and vice versa. Words expressing gender include all genders, and references to persons include individuals, companies, firms, or partnerships.
**28 Return Policy for Sale Items**
At Dreamy Jewellery, we strive to offer our customers high-quality products at competitive prices. To maintain these prices, we have a special return policy for items purchased during the sale period.
**No Returns for Sale Items:** Items purchased during a sale or with a promotion cannot be returned or exchanged unless they have a manufacturing defect or an issue.