Terms of service

TERMS OF SERVICE

 

OVERVIEW

Welcome to Dare and Dazzle! This Terms of Service agreement is between you and Dare and Dazzle, Inc. (“we,” “our,” “us,” or “Dare and Dazzle”), and governs your access to and use of our website www.dareanddazzle.com (and any successor site thereto) (the “Site) and our services, including our in-store and online product rental and sale services, all information, tools, features, and services available on or subsequently added to the Site (together with the Site, and Our Materials (as defined below), the “Services”).

 

By visiting our site or our physical store and/or purchasing or renting something (a “Product”) from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service” or “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including, without limitation, users who are browsers, vendors, customers, merchants, and/or contributors of content.

Please read these Terms of Service carefully before accessing or using any of the Services. By accessing or using any Service, you acknowledge that you have read, understood, and agreed to be bound by these Terms.

 

These Terms are a legally binding contract between you and Dare and Dazzle. By accepting these Terms, you represent that you are an individual of legal age to form a binding contract or, if you are not, that you have obtained parental or guardian consent to enter into these Terms. Your access to and use of the Services in any way also means that you agreed to all of these Terms, and these Terms will remain in effect while you access or use the Services. These Terms incorporate by reference any additional terms and conditions posted by Dare and Dazzle through the Site, or otherwise made available to you by Dare and Dazzle, and you understand and agree that by accessing or using any of our Services, you agree to also comply with all additional terms if any. If you do not wish to be bound by these Terms, you may not access or use the Services or order, rent, or purchase any Products.

You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change, or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes.

Our online store is hosted on Shopify Inc. They provide us with an online e-commerce platform that allows us to sell our products and services to you.

 

OUR SERVICES

 

GENERAL CONDITIONS

We reserve the right to refuse Services to anyone for any reason at any time.

You understand that your information (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to the technical requirements of connecting networks or devices. Credit card information is encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the Service is provided, without express written permission from us. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

You are solely responsible for the price of any Products that are not returned in accordance with our policies and any late fees accrued by you due to late or lost items.

For more information about our Services, including pricing fees and cancellation policies, please see our FAQ section.

 

RESERVE

If you rent a Product through our reserve service, the rental fee (“Rental Fee”) does not include insurance charges and delivery charges. We reserve the right to alter the Rental Fee or availability of any particular item at its discretion and without notice. You hereby authorize us (or our third-party payment processor) to charge your payment method for the Rental Fee and any chosen additional fees when you reserve products. We will charge your payment method the amount of the Rental Price and any chosen additional fees immediately upon your reserve/rental order.

 

SALES

If you purchase a Product, the purchase price for such Product (“Purchase Price”), will be equal to the purchase price listed for the applicable Product at the time of purchase. We reserve the right to alter the price of a Product, the amount or availability of any discount, or the availability of any particular item. You hereby authorize us (or our third-party payment processor) to charge your payment method for the Purchase Price when you purchase products. We will charge your payment method the amount of the Purchase Price immediately upon your purchase order. We do not make and expressly disclaim any warranties of any kind concerning any Product that you purchase, and such Product is provided on an “AS IS” basis.

 

RETURNS AND CANCELLATION POLICY

  Returns:

 A. Rental products:

• You must return the product by the return date specified in your order.
•  Upon receiving the product, we will perform a full quality check to make sure the item was not altered, cut, or damaged in any way. Should we find any damages, we will notify you of the issues and detail the charges (if any).
• Late return: You will be charged a $20 per day late fee to your payment method on file.

1. Return must be dropped off at a FedEx or USPS location before 4 p.m. on or before the return date specified in your order. This ensures that your package will be scanned by the next day and returned to Dare and Dazzle on time.
2. The $20 fee per day is per order, not per item in the order.
3. If you have not returned a rental item within 7 days after the return date, and without any communication or written exception from our team, your late return will be considered a non-return, and Dare and Dazzle will charge you the retail value for each item minus previously paid fees and sales tax.

• Lost items:

1. We are not responsible if the items have been stolen or lost after delivery at your provided shipping address, and you will be charged for the lost products at retail value.
2. If the items were dropped off and scanned in at a shipping carrier’s location and lost on the way back to us, you will NOT be charged for the lost item(s).

 

      C. Try-on products:

          Please note that try-on products are intended for you to try on the dresses at home to find out what size fits you best.  These dresses are not for being worn outdoors. For this reason, if we detect any signs that the dress(es) had been worn outdoors (i.e., dirt, mud, etc.) when we receive back the items, you will be charged the rental price. 

           If you have not returned a try-on item within 5 days after the return date, and without any communication or written exception from our team, your late return will be considered a non-return, and Dare and Dazzle will charge you the retail value for each item minus previously paid fees and sales tax.

 

      D. Custom dress: 

         You can cancel the order within one week after placing it with a full refund. Due to the nature of the service and product, when we make a custom dress for you based on the sketch and design brief, we cannot offer a refund when the dress is complete and accurate to the agreed sketch. 

 

        Cancelation:       

        Rental items: We do not offer a full refund on rental items. However, you can transfer the rental credits for a dress or accessory to another person at any time. Your credits will not expire if your event is postponed.

While shipping your rental items, we always strive to ensure that they arrive on or before your first rental date. However, sometimes shipping companies may cause delays in delivery, which is out of our control. Unfortunately, we cannot change or update the delivery date once it is on its way to you. Therefore, please plan accordingly and allow for a 1-2 day delay in shipping. We regret to inform you that we cannot offer refunds due to delayed shipping. 

Unfortunately, we're unable to offer a refund for alteration services or shipping charges once the services have been completed.

           Made-to-order item:   You can cancel the order within one week after placing it with a full refund. Unfortunately, we cannot offer a refund after one week or after the item is made. Dare and Dazzle made-to-order bridal gowns are made from fabrics produced in different batches, irregularities and slight color variations are common and are not considered defective. Dare and Dazzle products are handmade; slight variations from the sample may occur. Due to the nature of the service and product, when we make a custom dress for you based on the sketch and design brief, we cannot offer a refund when the dress is complete and accurate to the agreed sketch. 

 

 

FREE TRIAL AND PROMOTIONS

Any free trial or other promotion must be used within the specified time of the trial/promotion.

Any contests, sweepstakes, games, or similar promotions (collectively, “Promotions”) made available through the Services may be governed by rules separate from this Agreement. If you participate in any Promotions, please review the applicable rules, as well as our Privacy Policy (link). If the rules for a Promotion conflict with this Agreement, the Promotion rules will govern.

ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION

We are not responsible if the information made available on this site is not accurate, complete, or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

Certain Products or Services may be available exclusively online through the website. These Products or Services may have limited quantities.

We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that such images or your computer monitor's display of any color will be accurate.

All descriptions of Products and Purchase Prices are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any Product at any time. Any offer for any Product or Service made on this Site is void where prohibited.

We do not warrant that the quality of any Products, Services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected. There are no express or implied warranties, including the implied warranties of merchantability and fitness for a particular purpose.

 

MODIFICATIONS TO THE SERVICE AND PRICES

Prices for Products and Services are subject to change without notice. We reserve the right at any time to modify or discontinue a Product or Service (or any part or content thereof) without notice at any time. We shall not be liable to you or any third-party for any modification, price change, suspension, or discontinuance of a Product or Service.

 

ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. If we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors. You agree to provide current, complete, and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address, credit card numbers, and expiration dates, so that we can complete your transactions and contact you as needed.

 

OUR CONTENT

 

OWNERSHIP AND USE OF INTELLECTUAL PROPERTY

 

We and/or our suppliers and licensors own the Products and Services (including related software, code, data, and information relating thereto), and proprietary methods and systems used to provide the Services, the materials, text, graphics, data, articles, photos, images, illustrations, information, and other content made available or displayed by us through the Services (collectively, “Our Materials”), and certain of the trademarks, names, and logos, including, but not limited to, Dare and Dazzle. You acknowledge and agree that Our Materials are: (i) protected by copyrights, (ii) subject to other intellectual property and proprietary rights and laws, and (iii) owned by us or our suppliers and licensors. Without expressed permission in writing, Our Materials may not be copied, modified, reproduced, republished, posted, transmitted, sold, offered for sale, redistributed, or otherwise used in any way.

 

THIRD-PARTY TOOLS:

We may provide you with access to third-party tools over which we neither monitor nor have any control or input. You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations, or conditions of any kind, and any endorsement. We shall have no liability whatsoever arising from or relating to your use of third-party tools. Any use by you of tools offered through the site is entirely at your own risk and discretion, and you should ensure that you are familiar with and approve of the terms provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the Site (including, but not limited to, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

 

THIRD-PARTY LINKS

 

Certain content, products, and services available via our Service may include materials from third-parties.

Third-party links on this Site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or any other materials, products, or services of third parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

 

YOUR CONTENT

 

USER COMMENTS, FEEDBACK, RATINGS, REVIEWS AND ALL OTHER SUBMISSIONS

If you email, post, send, or submit certain specific submissions (for example contest entries), creative ideas, suggestions, proposals, plans, comments, or other materials (collectively, “User Submissions”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit, or remove content at our sole discretion that we determine is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, inappropriate, or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

 

We do not claim any ownership of User Submissions. By making available User Submissions, you represent that you own or have all rights necessary to make available User Submissions to us. You hereby grant, and you represent and warrant that you have the right to grant to us a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable license to license, reproduce, distribute, modify, adapt, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use User Submissions (in whole or in part) for including User Submissions in the Services and operating, providing and promoting the Services. You agree to irrevocably waive (and cause to be waived) any claims and assertions of moral rights or attribution concerning User Submissions.

 

 You agree that your User Submissions will not violate any right of any third party including copyright, trademark, privacy, personality, or other personal or proprietary right. You further agree that your User Submissions will not contain libelous or otherwise unlawful, abusive, or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-party as to the origin of any User Submissions. You are solely responsible for your User Submissions and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

 

PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy. Please visit our Privacy Policy (link) to find out more.

 

ERRORS, INACCURACIES, AND OMISSIONS

Occasionally, there may be information on our Site or in the Service that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend, or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website should be taken to indicate that all information in the Service or on any related website has been modified or updated.

 

PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

 

ADDITIONAL TERMS

 

DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent, or warrant that your use of our Services or Products will meet your requirements or that the Services will be uninterrupted, timely, secure, or error-free. We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable. You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you. You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all Products delivered to you through the Service are (except as expressly stated by us) provided “as is” and “as available” for your use, without any representation, warranties, or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall Dare and Dazzle, Inc., our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation, lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Service or any Products procured using the Service, or for any other claim related in any way to your use of the Service or any Product, including, but not limited to any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content or Product posted, transmitted, or otherwise made available via the Service, even if advised of their possibility. If you are dissatisfied with any portion of the Products and/or Services, your sole and exclusive remedy is to discontinue the use of the Products and/or Services. Our total liability to you for all claims arising from or related to the Products and/or Services is limited, in the aggregate, to the greater of (i) the total amount of your orders in the six (6) months prior to the date of the event giving rise to our liability, or (ii) one hundred dollars (U.S. $100.00). Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law. Without limiting the foregoing, under no circumstances will we be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond our reasonable control, including, without limitation, internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of god, war, governmental actions, orders of domestic or foreign courts or tribunals, pandemics or non-performance of third parties.

 

 

INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Dare and Dazzle, Inc. and our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

 

SEVERABILITYIft any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

 

ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service and any policies or operating rules posted by us on this site or concerning the Service constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

 

GOVERNING LAW

 

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of California. Our Services are controlled and/or operated from the United States and are not intended to subject Dare and Dazzle to any non-U.S. jurisdiction or law. You may not use the Services to rent or purchase Products outside of the United States. Any use of the Site is at your own risk, and you must comply with all applicable laws, rules, and regulations in doing so. We may limit the Service’s availability at any time, in whole or in part, to any person, geographic area, or jurisdiction that we choose.

 

CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time on this page. We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

 

TAXES

You will be responsible for paying, withholding, filing, and reporting all federal, state, and local goods and services taxes, duties, customs, duties, levies, and other governmental assessments associated with your activity in connection with the Services (including any purchase or rental of any Products and Services), provided that we may, in our sole discretion, do any of the foregoing on your behalf or for ourselves as we see fit. 

 

ASSIGNMENT 

You may not assign, delegate, or transfer these Terms or your rights or obligations hereunder, or your Account, in any way (including by operation of law or otherwise) without our prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations (in whole or in part) without your consent or notice to you.

 

CONSENT TO RECEIVE MESSAGES

By using the Services, you consent to receive communications from us, including informational text messages to the phone number that you provide by any means, including through an automated telephone number dialing system. You represent and warrant that you are the owner of the phone number that you provide when you create an account. Standard text messaging and data rates charged by your mobile carrier may apply to the text messages we send you, and any and all such charges, fees, taxes, or costs are your sole responsibility. You may opt out of receiving communications by following the unsubscribe procedures we provide to you. In the case of text messages, you may opt out by replying "STOP" to a text message you receive from us or by emailing happy@dareanddazzle.com. You acknowledge that opting out of receiving communications may impact your use of the Services. Please note also that you will need to opt out of communications for each Service that you sign up for. You agree to indemnify and hold us harmless from and against any claims, liabilities, damages (actual and consequential), losses, and expenses (including attorneys’ fees) arising from or in any way related to your breach of the foregoing.

 

CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at  happy@dareanddazzle.com.