TERMS AND CONDITIONS

LAST UPDATED: AUGUST 2018

1. AGREEMENT TO TERMS

Hello, and welcome to our Terms and Conditions of Use. These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and DMY BY DMY (“DMY STORE LIMITED”, “we,” “us” or “our”), concerning your access to and use of our Website (DMYBYDMY.COM) (“the site”). These terms are important and affect your legal rights, so please read them and our Privacy Policy carefully.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following Terms and Conditions (“Terms”, “Terms of Service”). If you do not agree to all the Terms and Conditions of this agreement, then please do not continue to access our site. 

This website is operated by DMY STORE LIMITED with registered office address at Unit 1 and 2 Priory Road Industrial Estate, Priory Road, Birmingham, B6 7LG. We are registered in England and Wales under registration number 11179294.

2. CHANGES TO TERMS OF SERVICE

Any new features, product or content which are added to the current store shall also be subject to these Terms. You can review the most current version of the Terms and Conditions at any time on this page. We reserve the right to update, change or replace any part of these Terms by posting updates and/or changes to our website. Please make sure you check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

3. ELIGIBILITY

By using the Site, you represent and warrant that you are (1) 18 or older, or 13 or older and have your parent or guardian’s consent to the Agreements, and (2) have the power to enter a binding contract with us and not be barred from doing so under any applicable laws. You also promise that any registration information you submit will be true, accurate, current, and complete; and that you will maintain the accuracy of such information and promptly update such registration information as necessary.

4. PRIVACY

Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy please click here.

5. ACCOUNT REGISTRATION

If you create a user Account (“account”) on our Site please keep your password confidential and note that you will be responsible for all use of your account and password. We reserve the right to remove, or change a username if we determine, in our sole discretion, that such username is inappropriate.

6. 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 for 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.

7. INTELLECTUAL PROPERTY

All content included on this website such as: images, product designs, functions, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws. All registered or unregistered trademarks used on the Website are the property of their respective owners. 

No part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose, without our express prior written permission. Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use.

8. PRODUCTS

We make every effort to display as accurately as possible the colours, features, specifications, and details of the products available on the Site. However, we do not guarantee that the colours, features, specifications, and details of the products will be accurate, complete, reliable, current, or free of other errors, and your electronic display may not accurately reflect the actual colours and details of the products. All products are subject to availability. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time.

9. PURCHASES AND PAYMENTS

All payments on our Website, including credit/debit card transactions, are processed through Stripe, a secure online payment gateway that encrypts your card details in a secure host environment. You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Site. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. We take payment from your card at the time you place the order on our website. All credit card and debit card holders are subject to validity checks and authorisation by the card issuer. If the issuer of your payment card refuses to authorise payment to us, we will not be liable for any delay or non-delivery.

10. DELIVERY

We only ship to the UK and some mainland European countries. For a full list of countries please visit our Delivery & Returns page. For postal addresses in the UK, we offer a Standard service at £3.00 where we aim to deliver within 2-3 working days and a Next Day before 1pm service at £5.99. For international postal addresses, we offer a Standard service at £8 where we aim to deliver within 5-7 working days. We send all of our products via Royal Mail. Any delay in shipment due to either carrier issues and/or exceptional or particular conditions related to the specific Country of destination is not under our responsibility. Some delay may occur during national Holidays. In the event of strikes, difficulties or other events due to general or local extraordinary conditions, which would influence the delivery of the products, we shall be authorised to postpone deliveries or to cancel them. If the goods are lost or damaged in transit, please let us know within 14 days and we will offer you the choice of a replacement or a full refund.

11. REFUND AND RETURN POLICY

If you’re not happy with your sunglasses within 14 days of purchase, please send us an e-mail at hello@dmybydmy.com. We will send you a pre-paid returns postage label (UK only) and simply drop this parcel at any Post Office branch. For all international returns, delivery fees must be covered by the customer. Please note that all products need to be returned in an unworn and like-new condition. Once we have received the sunglasses we will process the refund immediately. Funds should be credited 5-10 working days later, depending on the bank.

12. CANCELLATION POLICY

You cancel your order within 24 hours of purchase. After this time it is likely that the sunglasses would have been dispatched so contact us at hello@dmybydmy.com and we will process a return. 

13. WARRANTY

We provide a one year warranty on all of our products against any material or manufacturing defaults from date of delivery.  If there is a problem with the goods, please contact us to discuss the matter further. If the goods are found to be faulty within the warranty period, you will be entitled to a replacement. If a replacement is not available, you may claim a part or full refund of your money. No claim for faulty goods can be made for federal wear and tear.

14. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our service 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 and services 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 DMY STORE LIMITED, 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. 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.

15. INDEMNIFICATION

You agree to indemnify, defend and hold harmless DMY STORE LIMITED and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable legal 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.

16. TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

17. SEVERABILITY

In the event that 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.

18. 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 in respect to The Service constitutes 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).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

19. GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with English law, and any disputes relating to these terms of use will be subject to the non-exclusive jurisdiction of the courts of England and Wales.

20. CONTACT INFORMATION

If you have any questions relating to these Terms of Service please don’t hesitate to contact us at hello@dmybydmy.com.