This service is operated by Dakota Deller Limited and dakotadeller.com. References in this Agreement to "we", "us" or "our" mean Dakota Deller Limited and/or dakotadeller.com. Reference to "you" and/or "your" mean the purchaser. By purchasing from us, and by using this website, you agree to the following Terms & Conditions:
1. Ordering & Payment:
|1.1 We must receive payment for the full price of goods that you order prior to our acceptance of your order.|
|1.2 We accept all forms payments by: all major international credit cards, PayPal, cash, and direct bank-to-bank transfer, etc.|
|1.3 Once payment has been received by us, we shall acknowledge receipt of your order by sending you an e-mail to the e-mail address provided with your order.|
|1.4 Our acceptance of your order brings into existence a legally binding contract between us. We do not accept orders from persons under the age of 18 or from persons who are unable or are not authorized to enter into legally binding contacts through this site. If you do not qualify to do so do not use this site.|
|1.5 We do not hold or keep any of your payment details on file when you pay for goods online or in-person.|
|1.6 We reserve the right to decline your order if the item is not available when you place your order, if we don't deliver to your area, if the item was priced incorrectly due to a typographical error, or if there is a fluctuation in the price of precious metals or gems.|
|1.6 If we are unable to accept your order, we will notify you by e-mail and we will credit your account with any sum deducted by us from your method of payment as soon as possible but in any event within 30 days of your order. We shall not be obliged to provide compensation for any disappointment suffered.|
2. Pricing & Currency Conversion:
|2.1 The prices for the goods that you order are the prices listed on our website.|
2.2 All prices are in New Zealand Dollars ($NZD).
2.3 If you are purchasing from outside New Zealand, you will be charged in your local currency. The total bill in your currency is automatically converted at checkout.
|2.4 To view pricing in your currency, select the currency you require in the drop down menu on our website.|
|2.5 We reserve the right to update or change prices without notice.|
3. Returns & Exchanges:
3.1 If for any reason you wish to return or exchange your Dakota Deller online purchase we will be happy to arrange an exchange or a full refund within 14 days. Earrings can not be returned or exchanged for hygiene reasons, in accordance with New Zealand consumer law.
3.2 Please contact us at: info @ dakotadeller.com with details of your online return request and we will help you immediately.
|3.3 The goods must be returned in brand-new, un-worn condition, in the original Dakota Deller jewelry box with all original packaging and promotional material.|
3.4 We will only proceed with the refund or exchange after we receive the returned goods. The refund or exchange will be processed within 14 days.
3.5 If the returned goods are returned in damaged condition, the return or exchange option will not be granted and the item will be returned to you.
|3.6 Purchases made in-person at events or private showings are non-refundable. You may either request an exchange or credit note within 14 days of receipt of the goods. Section 3 and 4 of this policy applies.|
|3.7 Custom made orders cannot be returned, cancelled, refunded or exchanged. Custom made orders include: made-to-order and resized items.|
|3.8 Items purchased on sale, lay-by or part-payment, are final sale and cannot be returned, refunded or exchanged.|
|3.9 Return shipping charges and customs duty is at your own expense. We do not provide refunds for return shipping charges or customs duty in your country.|
4. Shipping & Delivery:
|4.1 We offer complimentary worldwide delivery to the following destinations: USA, Canada, Australia, New Zealand, United Kingdom, Europe, Singapore, Hong Kong, China, Japan, India. We also ship to most 'other' countries.|
4.2 If your country is not listed above, please contact us and we will confirm shipping.
|4.3 We use a third party courier or tracked mailing service for the delivery of goods. Delivery includes: tracking, insurance and signature.|
|4.4 Complimentary delivery includes international registered courier EMS with a usual delivery time of 3 to 10 days. There is no additional shipping charge for our international courier service.|
4.5 You agree that additional delivery charges may apply if you request delivery upgrades that are outside our usual delivery service.
|4.6 Delivery time-frames quoted are approximate only. We are not held responsible for delivery delays caused by customs, or forces that are out of the control of the delivery service such as: natural disasters and public holidays.|
|4.7 You agree that you will provide us with the accurate information for delivery including: address and phone number. We are not held responsible for inaccurate delivery information.|
|4.8 Customs duty and taxes in your country are at your own expense and you agree that we are not held liable for any delays in delivery caused by customs.|
5. Custom Orders:
|5.1 You acknowledge that custom orders include goods that are customized, made-to-order, resized or personalized to your specifications.|
|5.2 You agree that custom orders are non-refundable and cannot be exchanged, returned or canceled.|
|5.3 The completion date for custom orders is an estimation only, unless otherwise guaranteed in writing.|
6. Information & Photography:
|6.1 While every attempt is made to provide accurate and up-to-date information on this website, we do not accept liability for any inaccuracies, errors or omissions. Color and size variations may vary from those shown on the website in text or photography, due to the limitations of internet technology.|
7. Quality Guarantee:
|7.1 Dakota Deller Jewelry is guaranteed to be of the highest quality, made with the highest quality materials and craftsmanship to ensure that the items delivered to you are 100% satisfactory.|
|7.2 All goods undergo a very strict quality control inspection before delivery. In the very unlikely situation that you receive goods that you feel don't meet these standards, you must notify us within 14 days by e-mail: info @ dakotadeller.com|
|7.3 Upon receiving your request, we will contact you by e-mail and offer you the option of: repair or replacement.|
|7.4 This policy covers our materials and craftsmanship only, but does not apply to general wear and tear, or damages caused by wear.|
|7.5 We can not be held liable for: gemstones that are damaged by the wearer, tarnishing or oxidization due to incorrect care, rings that are bent out of shape or scratched by the wearer, jewelry that is damaged by incorrect cleaning.|
|7.6 In addition to clause 7.5, we take no responsibility for jewelry that is damaged or made unwearable due to the craftsmanship errors, adjustments, alternations, or resizing that is undertaken, at your discretion, by another jeweler or company.|
8. Your Obligations:
|8.1 You must ensure that the contact details that you provide in your order and/or your account held at our website are complete and accurate.|
|8.2 When creating your account through our website, you shall be responsible for ensuring that your username and password are kept confidential and are not disclosed to a third party.|
|8.3 We shall have the right to suspend or disable your access to the account if we become aware or have reason to believe that a third party has gained access over your account, or we are of the opinion that you are in breach of these conditions.|
8.4 It is your responsibility to ensure that when you purchase goods, you are not breaching any local laws or rules applicable to you and that may apply in the designated place of delivery.
|8.5 Should a legal restriction or embargo apply in relation to the goods ordered by you (including where goods are delayed by customs or import restrictions in the country where you have requested delivery), we may not be able to deliver the goods to you and we will not be responsible for any loss, cost or damages as a result. In that case, you will still have to cover the charges.|
9. Intellectual Property:
|9.1 Designs, text, wording, collection names, item names, descriptions, material names, video, photography, brand style, and any other material displayed on this website or in our social media, is the property of Dakota Deller Limited.|
|9.2 You do not have permission to use or copy any aspect of our website without permission. Use of our photography, text, or any other associated media that is owned or created by us, can only be used if we grant you permission in writing.|
|9.3 If you breach this intellectual property agreement you will be contacted by our lawyer and we will pursue legal action.|
10. Reviews & Testimonials:
|10.1 We reserve the right to use, copy, or share any testimonials, photographs or reviews that you submit to us, on our website and in any marketing that we choose.|
11. Data Protection:
12. Governing Law & Jurisdiction:
|12.1 The Terms & Conditions, and any dispute or claim (including non-contractual disputes of claims) arising out of or in connection with it or its subject matter or formation shall be governed by, and construed in accordance with the law of New Zealand.|
12.2 We and you both irrevocably agree that the courts of New Zealand shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with the Terms & Conditions or its subject matter or formation.
|12.3 Notices: Any notice given to a party under or in connection with the Terms & Conditions shall be in writing and shall be delivered by registered post, or by e-mail to the last known e-mail address provided. Any notice or other communication shall be deemed to have been received: if delivered by hand, on signature of a delivery receipt or at the time the notice is left at the proper address.|
13. Entire Agreement:
|13.1 The Terms & Conditions constitutes the entire agreement between you and us and supersedes and extinguishes all previous agreements, proposals, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.|
|14.1 If any provision or part-provision of the Terms & Conditions is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted.|
14.2 Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of the Terms & Conditions.
If you do not agree to these Terms & Conditions, you must not purchase from us or use our website. Last updated: October 16th 2018.