Terms of Service
Welcome to DearOne Collective!
These Terms and Conditions govern your use of our circular store and website www.dearone-collective.com (the "Website").
By using our services, you agree to comply with these Terms. Furthermore, by purchasing or submitting products to or from DearOne Collective (Hereinafter "Provider", "we", "our", "us") or using the website or any other sales platform in any way, you (Hereinafter "the User" or "your") shall be deemed to have accepted all the terms and conditions unconditionally, please read them carefully before placing your order and do not proceed if you do not agree to the Terms and Conditions.
Website Terms and Conditions of Use Relating to www.dearone-collective.com
1. Electronic Communications
By using this Website or communicating with the Provider by electronic means, the user consents and acknowledges that any and all agreements, notices, disclosures, or any other communication satisfies any legal requirement, including but not limited to the requirement that such communications should be in writing.
2. Product Information
We aim to describe our Products as accurately as possible. However, we do not guarantee that the descriptions, colours, or any other content available on our website are accurate, complete, reliable, current, or error-free. Images of Products are for illustrative purposes only.
2.1. Certain products or services may be available exclusively online through the Site. These products or services may have limited quantities and are subject to
return or exchange only according to our Return Policy, set forth below.
2.2. We have made every effort to display as accurately as possible the colours and images of our products. We cannot guarantee that your computer monitor’s display of
any colour will be accurate.
2.3. We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer.
2.4. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. 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.
3. Pricing and Payment
3.1. All prices for our Products are listed on our website and on other sales platforms. We reserve the right to change prices at any time without prior notice. Payment must be made in full at the time of purchase through our secure payment gateway.
3.2. By providing your payment information, you authorise us to charge your credit/cheque card or other payment method for the total amount of your order.
3.3. Prices, discounts, and promotions posted on this Site are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email.
3.4. Price increases will only apply to orders placed after such changes.
3.5. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your merchandise total and will be itemized in your shopping cart and in your order confirmation email.
3.6. We strive to display accurate price information, however we may, on occasion, make inadvertent typographical errors, inaccuracies or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.
3.7. You represent and warrant that –
3.7.1. the credit card or payment method information you supply to us is true, correct and complete;
3.7.2. you are duly authorized to use such credit card or payment method for the purchase;
3.7.3. charges incurred by you will be honoured by your credit card company or the relevant Pay service;
3.7.4. you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any, regardless of the amount quoted on the website at the time of your order. Any other fees, such as delivery charges, will be listed on the checkout page for the applicable Product. We reserve the right to alter fees or availability of any item at our discretion and without notice.
4. Order Processing and Shipping
You agree that your order is an offer to rent or purchase all products and services listed in
your order, under these Terms and Conditions. All orders must be accepted by us or we will not be obligated to sell the products or services to you. We may choose not to accept orders at our sole discretion, even after we send you a confirmation email with your order number and details of the items you have ordered. We will process your order once payment in full has been confirmed.
5. Shipment, Delivery and Risk of Loss
5.1. Delivery fees and delivery times vary based on your location and method selected at checkout.
5.2. You will pay all shipping and handling charges specified during the ordering process. Shipping and handling charges are reimbursement for the costs we incur in the processing, handling, packing, shipping, and delivery of your order.
5.3. You must provide us with accurate shipping information, so that we can timely deliver Products to you. You are responsible for providing us with accurate shipping information for deliveries and for keeping the shipping information for your account up to date.
5.2. If you provide us with a shipping address that is invalid or where you cannot securely accept Products upon delivery, or if you do not keep your shipping information up to date, you are solely responsible for any resulting loss, theft, or damage to the Products. Title and risk of loss pass to you upon our transfer of the products to the carrier. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.
6. Returns and Refunds
We offer a return policy on all items within 30 days of shipping date should it be eligible for return as set out below.
To be eligible for a return:
6.1. Original (new) items must be in its original state, unused, with all tags intact and in the same condition that you received it.
6.2. Pre-loved (used) items must be intact and in the same condition that you received it.
6.3. Clothing sets, toys and accessories must include all related parts and pieces.
To initiate a return, please contact us at hello@dearone-collective.com. You are responsible for return delivery costs as determined by us. Upon receipt and inspection of the returned item, we will notify you of the approval or rejection of your refund. Approved refunds will be processed, and a credit will be automatically applied to your original payment method within 14 days of approval.
7. Warranties
All goods sold by the us does not carry a manufacturer’s warranty, unless otherwise stated on the product information page. We do not sell products on a trial basis. Customers are strongly advised to check suitability and specifications of products before placing orders. You affirm that we shall not be liable, under any circumstances, for any breach of warranty claims or for any damages arising out of the manufacturer’s failure to honour its warranty obligations to you (if any).
8. Circular Store and Store Credit
You acknowledge that you understand the following:
8.1. You may receive store credit for items submitted that can be re-sold, those in like-new condition that meets our selection criteria and has been approved solely in our discretion.
8.2. You do not receive store credit for items donated that have not been approved for re-sale by us. You are given the option to have these items returned or to donate them to our DearOne Care Bags Initiative.
8.2.1. Items donated by you for our DearOne Care Bags Initiative will not be replaced, returned or refunded to you.
8.3. Store Credit is approved solely by us and will be determined in accordance with our internal pricing matrix as developed by us from time to time. You guarantee to accept the determination of value provided by us for your items submitted.
9. Limitation of Liability
To the fullest extent permitted by law, the Provider and its
affiliates, officers, directors, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including, but not limited to, loss of profits, revenue, or data, arising out of or in connection with the sale or use of any product/item provided by the Company. In no event shall the Provider’s total liability to you for any claim arising out of or relating to these Terms and Conditions or your use of the
Product exceed the amount paid by you for the Product giving rise to the claim.
10. Use of Goods
You represent and warrant that you are buying products or services from the Website or us for your own personal or household use only, and not for resale or export.
11. Force Majeure
We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labour disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
12. Governing Law
These Terms and Conditions shall be governed by and construed in accordance with the laws
of South Africa.
13. Assignment
You will not assign any of your rights or delegate any of your obligations under these Terms
without our prior written consent. Any purported assignment or delegation in violation of this clause is null and void. No assignment or delegation relieves
you of any of your obligations under these Terms.
14. No Waivers
The failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any
right or provision will be effective only if in writing and signed by a duly authorised representative of DearOne Collective.
15. Notices
15.1. To You: We may provide any notice to you under these Terms by –
15.1.1. sending a message to the email address you provide; or
15.1.2. by posting to the Website.
Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current.
15.2. To Us: To give us notice under these Terms, you must contact us as follows -
15.2.1. email: hello@dearone-collective.com; or
15.2.2. by personal delivery, overnight courier, or registered or certified mail to 29 Mont Blanc Avenue, Le Parc Estate, Paarl. We may update our contact information for notices to us by posting a notice on the Website.
16. Severability
If any provision of these Terms is invalid, illegal, void or unenforceable, then that
provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.
17. Intellectual Property
All
intellectual property rights in and to the design, functionality, and appearance of the website or any other of our products, including but not limited to trademarks, copyrights, patents, designs, and any associated rights in the products sold on the website or any other sales platform, are
the sole property of the Prover or its licensors.
You may not reproduce, distribute, modify, display, create derivative works of, or otherwise exploit any part of our website or our products without our prior written consent. The Provider retains all rights to pursue legal action for any unauthorised use of its intellectual property.
Additionally, all content available on our website or other sales platforms, including but not limited to text, graphics, logos, images, and product descriptions, is protected by copyright laws and other intellectual property rights. You may not copy, download, or use any portion of our content without our express
permission, except as necessary to view and purchase products on our website.
18. Privacy Policy and Collection of Information
You expressly acknowledge that you have read and understood the terms as outlined in our
Privacy Policy and you consent to the processing of any information of you in any manner as contained therein.
19. Entire Agreement
Our order confirmation, these terms and our Privacy Policy will be deemed the final and integrated agreement between you and us on the matters contained in these Terms.