Terms of Sale
Effective Date: 10/6/2020
IMPORTANT NOTICE: DISPUTES ABOUT THESE TERMS OF SALE AND DEAR DAHLIA PRODUCTS AND/OR SERVICES ARE SUBJECT TO BINDING ARBITRATION AND A WAIVER OF CLASS ACTION RIGHTS AS DETAILED IN SECTION 14 OF THE DEAR DAHLIA TERMS OF SERVICE WHICH IS INCORPORATED INTO THIS AGREEMENT BY REFERENCE.
This Terms of Sale (“Agreement”) applies to the purchases you make through the Dear Dahlia website (www.deardahlia.com) that is provided in the United States and that links to this Agreement (“Site”). This Agreement is a legal agreement between you and Baram International Co. Ltd., d/b/a Dear Dahlia and its corporate affiliates, subsidiaries, and divisions as may change from time to time (collectively, “Dear Dahlia,” “we,” “us,” and “our”). This Agreement applies to the purchases of products and/or services (“Products”) on or through the Site. Based on your territory and/or the delivery territory of the Products, a different version of these Terms of Sale may apply. If this is the case, such different version will be presented to you on the Site at the point of purchase.
PLEASE READ THIS AGREEMENT CAREFULLY! IT CONTAINS VERY IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS. BY PURCHASING A PRODUCT ON THE SITE, YOU ARE ALSO BOUND BY THE DEAR DAHLIA PRIVACY POLICY AND TERMS OF SERVICE, WHICH ARE INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT AGREE WITH THESE TERMS, DO NOT ORDER/KEEP YOUR PRODUCTS.
- Price and availability
Some of the Products featured on the Site are displayed for promotional purposes only and may not be available for purchase through the Site. All Products offered for purchase on the Site are subject to availability. The prices stated for such Products are subject to change without notice. Any Dear Dahlia publication may include technical inaccuracies or typographical errors. Dear Dahlia shall not be held responsible for any pricing, typographical, or other errors in such publications. Changes may be periodically made to these publications. These changes will be incorporated in new editions of these publications. Dear Dahlia may make improvements and/or changes in the products and/or the programs described in these publications at any time without notice.
- Promotional offers
All promotional offers made on the Site are limited to purchases made from Dear Dahlia, and are subject to the conditions of the offer. Purchases must be made during the specified promotional period to qualify and in accordance with any other terms offered in connection with such promotions.
- Order acceptance
We reserve the right, at our sole discretion, to cancel or refuse any order for any reason at any stage of the online ordering process, including after an order has been submitted and whether or not the order has been confirmed. Unless otherwise agreed to by Dear Dahlia, payment must be received by Dear Dahlia prior to acceptance of an order. Notwithstanding the foregoing, Dear Dahlia may in its discretion choose not to charge your credit card until your order has been shipped. Dear Dahlia may process payment for and ship parts of an order separately. Some situations that may result in cancellation include limitations on quantities available for purchase, inaccuracies or errors in Product or pricing information, or problems identified by our credit and fraud avoidance department. We may also require additional verifications or information before accepting any order. We will attempt to contact you if all or any portion of your order is cancelled, or if additional information is required to accept your order.
Purchases made on the Site are intended for end users only. Products sold through the Site are not authorized for resale or export. Your submission of your order shall constitute your full acceptance of these restrictions on resale. Your purchase may not be sold, leased or transferred to restricted countries, restricted end users, or for restricted end uses according to applicable U.S. export and sanctions laws.
For your convenience, we offer a wide array of approved payment methods to complete your purchase on the Site. You will be informed about those options during check out. Dear Dahlia reserves the right to change the payment methods and payment service providers with which it works at any time in its sole discretion.
The payment amount is authorized and held by your financial institution at the time you place your order. Unless otherwise agreed to by Dear Dahlia, payment must be received by Dear Dahlia prior to acceptance of an order. Notwithstanding the foregoing, Dear Dahlia may in its discretion choose not to charge your credit card until your order has been shipped.
Please note: authorized and held amounts will not be available for other purchases. If an order is cancelled, the authorization hold will expire in accordance with the terms of your bank or financial institution.
Please note that your payment information is not collected or stored by Dear Dahlia. This information is collected and processed by our selected third-party payment processors, including Shopify.
Once you place your order at the end of the checkout process, we will confirm your transaction with an order number. We recommend that you print and save a copy of this page for your records.
If your order has already shipped, you may refuse delivery and the order will be returned to Dear Dahlia. When we receive it, we will credit the payment method used to make the purchase.
After you have received your order, you have the right to cancel the purchase and return or exchange any Dear Dahlia product as described below.
Shipping charges are based on the shipping method you choose and the size of your Product order. When you make a purchase, the shipping charge is estimated in your basket, and will be presented to you during the checkout process. The shipping date is based on the stock status of the product ordered and your choice of shipping. Product title passes to you when the Product is shipped. You have thirty (30) days to notify Dear Dahlia using the contact information below of any missing, wrong, or damaged portion of your purchase in accordance with the provisions set forth in this section or Dear Dahlia cannot be held responsible for these issues.
We strive to keep all products sold on the Site in stock, but high demand occasionally results in delayed shipment. Stock status is indicated on the product page and in your basket during checkout. Please note that the number of days quoted for shipping refers to transit time only. Additional time (typically one business day) is required for processing in-stock orders.
You may track your order using your order number by clicking on this link: [Include link to the “Track Order” or similar function on Dear Dahlia’s website]. Order information may not appear in the tracking system until shipment. Please wait 24 hours after receiving your shipping confirmation email to track your shipment.
- Unopened and unused Dear Dahlia Products can easily be exchanged within 30 days for free (no return shipping or handling fees) by mail if you use our pre-paid return shipping label. Unopened and unused Dear Dahlia Products can be returned within 30 days subject to a return fee that will cover the return shipping and handling fees.
- When the wrong items are shipped or Dear Dahlia Products are damaged when received, you can contact Dear Dahlia’s Customer Service as described below, and we will reship the correct products for free.
- If you would like to return or exchange opened or used Dear Dahlia Products, please contact Dear Dahlia’s Customer Service as described below.
Please allow three weeks for your return to be processed if sent by mail. You will receive an email confirmation once your return has been processed. Your financial institution may take longer to reflect the transaction. Gift boxes are non-refundable.
The following section provides helpful information for how to purchase Products online.
Your purchase on or through the Site includes sales tax as required by law. The tax rate is based on the delivery address of your purchase. The actual tax amount will appear on the Payment page during the checkout process.
Our check out process allows you to proceed in three ways. If you are a registered user of Dear Dahlia, and there is an item you want to purchase immediately, you can use the “Buy Now” option to quickly complete the purchase. Otherwise, you have the ability to add items to your cart and then check out after. You can choose to check out either as a registered user (or by creating an account) or through guest check out. Once you initiate the check out process, you will see the following steps:
- Shipping and billing: Select a shipping method and enter shipping and billing information.
- Review of terms: You will be presented with relevant legal documents and asked for your agreement.
- Review and complete order: Review your order, including shipping and payment information.
- Payment: Select your payment method.
- Place Order: Complete your order by clicking the "PLACE ORDER" button.
- Order confirmation: Once submitted, you'll receive an order confirmation number to help you track your order.
We use a variety of measures to protect the online security of your personal information, however, no method of transmission over the Internet, and no means of electronic or physical storage is absolutely secure. Thus, we cannot guarantee or warrant the security of your information.
Orders placed on www.deardahlia.com can only be shipped to addresses within the United States, US Virgin Islands and Puerto Rico.
We welcome and value feedback on our existing products, and we make every effort to address questions or concerns that are raised by our customers. If you wish to comment on a Dear Dahlia product or if you have a question about or concern with any of our products, please follow the instructions provided in the "Contact us" section below. Notwithstanding the foregoing, our use of your information shall be governed by the Dear Dahlia Privacy Policy. Any feedback you provide about Dear Dahlia products, whether on this Site or otherwise, shall be deemed non-confidential and governed by our policy on submissions, and Dear Dahlia shall be free to reproduce, use, disclose and distribute the feedback for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products incorporating such feedback, in accordance with the Dear Dahlia Terms of Service.
IN NO EVENT SHALL DEAR DAHLIA OR ITS AFFILIATES, LICENSORS, VENDORS, OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR OTHER REPRESENTATIVES BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DAMAGES, WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, LOSS OF USE, OR COSTS OF OBTAINING SUBSTITUTE GOODS OR SERVICES), ARISING OUT OF OR IN CONNECTION WITH THE PRODUCTS OR THE SITE, WHETHER OR NOT DEAR DAHLIA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND WHETHER BASED UPON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, VIOLATION OF STATUTE, OR OTHERWISE. THIS EXCLUSION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. IN ANY EVENT, OUR AGGREGATE LIABILITY WILL NOT EXCEED THE AMOUNT PAID FOR THE PRODUCT TO WHICH THE CLAIM RELATES OR, IF THE CLAIM DOES NOT RELATE TO A PRODUCT, $100.
DEAR DAHLIA DOES NOT WARRANT, ENDORSE, GUARANTEE OR ASSUME RESPONSIBILITY FOR ANY PRODUCT ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE OR ANY WEBSITE FEATURED OR LINKED TO THROUGH THE SITE, AND DEAR DAHLIA WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. DEAR DAHLIA WILL NOT BE LIABLE FOR THE OFFENSIVE OR ILLEGAL CONDUCT OF ANY THIRD PARTY. YOU VOLUNTARILY ASSUME THE RISK OF HARM OR DAMAGE FROM THE FOREGOING. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE AND TO THE FULLEST EXTENT PERMITTED BY LAW.
If you are a California resident, you hereby waive California Civil Code §1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." This release includes the criminal acts of others.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages such as above. Accordingly, some of the above limitations may not apply to you. If you are a New Jersey resident, or a resident of another state that permits the exclusion of these warranties and liabilities, then the limitations in this section specifically do apply to you.
For more information, please contact us at inquiry@deardahlia.com.
