THE DIMPLES GROUP INC.
ACCEPTANCE OF TERMS THROUGH USE
Welcome to dimplescharms.com. These Terms and Conditions apply to the Dimples Site. Dimples provides services to you subject to the notices, terms, and conditions set forth in this agreement (the “Agreement”). In addition, when you use any of our services you will be subject to the rules, guidelines, policies, terms, and conditions applicable to such service, and they are incorporated into this Agreement by this reference. We reserve the right to change this Site and these terms and conditions at any time and the change will be effective immediately. By using the Site you signify your agreement to all terms, conditions, and notices contained herein.
SITE USE
You must have reached the age of majority in the jurisdiction in which you are resident to purchase products from this Site.
Subject to the Terms and Conditions of this Agreement, we hereby grant you a limited, revocable, non-transferable and non-exclusive license to access and use the Site by displaying it on your internet browser, your phone, or any electronic device only for the purpose of sharing or shopping for personal items sold on the Site and not for any commercial use or use on behalf of any third party, except as explicitly permitted by us in advance. Any breach of this Agreement shall result in the immediate revocation of the license granted without notice to you.
Except as permitted in the paragraph above, you may not reproduce, distribute, display, sell, lease, transmit, create derivative works from, translate, modify, reverse-engineer, disassemble, decompile or otherwise exploit this Site or any portion of it unless expressly permitted by us in writing. You may not make any commercial use of any of the information provided on the Site or make any use of the Site for the benefit of another business unless explicitly permitted by us in advance. We reserve the right to refuse service, terminate accounts, and/or cancel orders at our discretion, including, without limitation, if we believe that customer conduct violates applicable law or is harmful to our interests.
You may have a password and account identification to enable you to access and use certain portions of this Site. Each time you use a password or identification, you will be deemed to be authorized to access and use the Site in a manner consistent with the terms and conditions of this Agreement. YOU WILL BE SOLELY RESPONSIBLE FOR ALL ACCESS TO AND USE OF THIS SITE BY ANYONE USING THE PASSWORD AND IDENTIFICATION ORIGINALLY ASSIGNED TO YOU WHETHER OR NOT SUCH ACCESS TO AND USE OF THIS SITE IS ACTUALLY AUTHORIZED BY YOU, INCLUDING WITHOUT LIMITATION, ALL COMMUNICATIONS AND TRANSMISSIONS AND ALL OBLIGATIONS (INCLUDING WITHOUT LIMITATION FINANCIAL OBLIGATIONS) INCURRED THROUGH SUCH ACCESS OR USE. You are solely responsible for protecting the security and confidentiality of the password and identification assigned to you. You shall immediately notify us of any unauthorized use of your password or identification or any other breach or threatened breach of this Site’s security.
Dimples reserves the right, in its sole discretion, without any obligation and without any notice requirement, to change, improve or correct the information, materials and descriptions on this Site and to suspend and/or deny access to this Site for scheduled or unscheduled maintenance, upgrades, improvements or corrections. The information and materials on this Site may contain typographical errors or inaccuracies. Any dated information is published as of its date only, and Dimples does not undertake any obligation or responsibility to update or amend any such information. Dimples may discontinue or change any product or service described in or offered on this Site at any time.
ESTIMATED DELIVERY
Sometimes with the volume of orders we receive, we are unable to fulfill the order in the estimated time. If this happens, we will attempt to notify you of the delay. While we make every attempt to avoid delays we do not guarantee delivery dates.
GEOGRAPHIC AVAILABILITY
This Web site is intended for use by customers who reside in the region serviced by this Site and there may be limits on where we can ship products.
PRODUCT PRICING
Product prices and availability are subject to change at any time and without notice, but you will always be charged the price which is displayed at the time you confirm your order. Dimples is unable to offer post-order price matching or post sales prices. Dimples cannot extend a sale once it has ended. We do not negotiate prices on our products and all our prices are final. Our prices are subject to change without notice. Items in your shopping cart will always reflect the most recent price. This price may differ from the price shown for the item when you first placed it in your cart. Placing an item in your cart doesn’t reserve the price shown at that time. Payments shall be processed at the time of ordering.
We reserve the right to change our payment options at any time and for any reasons. If offers are made in your local currency and are payable in another currency with an international credit card, final price in your currency will depend on the foreign exchange rates, taxes and fees applied by your bank or the issuer of your international credit card issuer. These transactions may be subject to taxes and/or fees on international transactions not charged by Dimples.
PROMOTIONS AND COUPONS
Dimples coupon codes are subject to expire without notice. Dimples will not accept expired coupons codes even if they are linked from third party sites. Coupons will not be applied to bundled items or premium gifts. Coupons may not be applied to sale items and cannot be combined with any other offer.
RETURN POLICY
Each Dimples item is a custom, made to order piece that cannot be resold. All sales are final.
Dimples is not responsible for replacing items made based on incorrect information submitted in the order. The customer assumes all responsibility for the information in the order.
REVIEWS AND COMMENTS
Anything that you submit or post to the Site, or to Customer Service, including but not limited to questions, comments, suggestions, ideas, plans, notes, photos, drawings, original or creative materials or other information and/or provide us, including without limitation, ideas, know-how, techniques, questions, reviews, comments, and suggestions (collectively, “Submissions”) is and will be treated as non-confidential and non-proprietary, and we shall have the royalty-free, worldwide, perpetual, irrevocable and transferable right to use, copy, distribute, display, publish, perform, sell, lease, transmit, adapt, create derivative works from such Submissions by any means and in any form, and to translate, modify, reverse-engineer, disassemble, or decompile such Submissions.
In addition to the rights applicable to any Submission, when you post comments or reviews to the Site, you also grant us the right to use the name that you submit with any review, comment, or other Content, if any, in connection with such review, comment, or other content. You represent and warrant that you own or otherwise control all of the rights to the reviews, comments and other Content that you post on this Site and that use of your reviews, comments, or other Content by us will not infringe upon or violate the rights of any third party. You shall not use a false email address, pretend to be someone other than you or otherwise mislead us or third parties as to the origin of any Submissions or Content. We may, but shall not be obligated to, remove or edit any Submissions (including comments or reviews) for any reason.
INDEMINIFICATION
You agree to indemnify and hold harmless Dimples, its independent contractors, service providers and consultants, and their respective directors, employees and agents, from and against any claims, damages, costs, liabilities, and expenses arising out of or related to any Submissions you post, or submit, store or otherwise transmit on or through our Site or your use of or inability to use our Site, including without limitation any actual or threatened suit, demand or claim made against Dimples and/or its independent contractors, service providers, employees, directors or consultants, arising out of or relating to the Submissions, your conduct, your violation of these Terms and Conditions or your violation of the rights of any third party.
INTELLECTUAL PROPERTY
All right, title and interest in this Web site/Web application and any content contained herein is the exclusive property of The Dimples Group Inc., except as otherwise stated. Dimples Inc. grants you a limited license to access and make personal use of this site. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, frame, create derivative works from, transfer, or otherwise use in any other way for commercial or public purposes in whole or in part any information, software, products or services obtained from this Web site/Web application, except for the purposes expressly provided herein, without The Dimples Group Inc.’s prior written approval. You may not use the Dimples name or trademarks or designs without the express written consent of The Dimples Group Inc.
COPYRIGHT
All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of The Dimples Group Inc. or its content suppliers and protected by Canadian and international copyright laws.
DISCLAIMER
Although the information provided to you on this Web site is obtained or compiled from sources we believe to be reliable, The Dimples Group Inc. cannot and does not guarantee the accuracy, validity, timeliness or completeness of any information or data made available to you for any particular purpose. Neither The Dimples Group Inc., nor any of its affiliates, directors, officers or employees, nor any third party vendor, will be liable or have any responsibility of any kind for any loss or damage that you incur in the event of any failure or interruption of this Site, or resulting from the act or omission of any other party involved in making this Site, the data contained herein or the products or services offered on this Site available to you, or from any other cause relating to your access to, inability to access, or use of the Site, whether or not the circumstances giving rise to such cause may have been within the control of The Dimples Group Inc. or of any vendor providing software or services. In no event will The Dimples Group Inc. or any such parties be liable to you, whether in contract or tort, for any direct, special, indirect, punitive, consequential or incidental damages, attorney fees, or any other damages of any kind even if The Dimples Group Inc. or any other such party has been advised of the possibility thereof. This limitation on liability includes, but is not limited to, the transmission of any viruses which may infect a user’s equipment, failure of mechanical or electronic equipment or communication lines or other interconnect problems (e.g., you cannot access your internet service provider), unauthorized access, operator errors, strikes or other labor problems or any force majeure. The Dimples Group Inc. cannot and does not guarantee continuous, uninterrupted or secure access to the Site.
APPLICABLE LAW
This site is created and controlled by The Dimples Group Inc. As such, the laws of the Province of Ontario will govern these disclaimers, terms, and conditions, without giving effect to any principles of conflicts of laws. You agree that any action at law or in equity arising out of or relating to these Terms and Conditions shall be filed only in the Province of Ontario and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of your use of this site, any purchase from this site, or these Terms and Conditions.
PRIVACY AND PROTECTION OF PERSONAL INFORMATION
This site interacts with customers and others globally, but is located in and controlled and operated by The Dimples Group Inc. from its headquarters in Uxbridge, Ontario, Canada. All information collected on this site is collected, stored, used and disclosed in accordance with privacy laws and personal information protection laws applicable in Canada. The Canadian government, and courts, law enforcement agencies or regulatory agencies in Canada may be able to obtain disclosure of such information through the laws of Canada. Information about you and your purchase history is treated in accordance with our Privacy Policy.
SALES AND DISCOUNTS
Any sale or discount offered is only valid for online purchases. Any sale or discount is only available at the time the sale is launched, until the expiry date of the sale; for the products indicated and cannot be applied to previous purchases.