THE DIMPLES GROUP INC.™
ACCEPTANCE OF TERMS THROUGH USE
USES OF THIS WEB SITE/ WEB APPLICATION
You must have reached the age of majority in the jurisdiction in which you are resident to purchase products from this Web Site/Web Application.
Unauthorized use of this Web site and or any Dimples systems, including, but not limited to, unauthorized entry into Dimples systems, misuse of passwords or misuse of any other information, is strictly prohibited. You may not use this Web site or Web application in any manner that could damage, disable, overburden, or impair the Web site or service or interfere with any other party's use and enjoyment of any Dimples Sites or service. You may not attempt to gain unauthorized access to any Dimples Sites or service, computer systems or networks connected to any Dimples Sites or service, through hacking, password mining or any other means. You agree that you will not engage in any activities related to this Web site/ Web application that are contrary to applicable laws or regulations. 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 The Dimples Group Inc. in writing.
Dimples reserves the right to refuse service, terminate accounts, and/or cancel orders at its discretion, including, without limitation, if we believe that customer conduct violates applicable law or is harmful to our interests. You shall not upload to, distribute, or otherwise publish through this Site any Content, information, or other material that (a) violates or infringes the copyrights, patents, trademarks, service marks, trade secrets, or other proprietary rights of any person; (b) is libelous, threatening, defamatory, obscene, indecent, pornographic, or could give rise to any civil or criminal liability under Canadian or international law; or (c) includes any bugs, viruses, worms, trap doors, Trojan horses or other harmful code or properties.
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 Web site and to suspend and/or deny access to this Web site for scheduled or unscheduled maintenance, upgrades, improvements or corrections. The information and materials on this Web 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 Web site/Web application at any time.
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 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.
The Dimples Group Inc. and its affiliates attempt to be as accurate as possible. However, Dimples does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by Dimples itself is not as described, your sole remedy is to return it in unused condition.
TERMS RELATING TO THE SALE OF PRODUCTS
Unless a specific delivery period is mentioned at the time you place your order, your products or services will be delivered within thirty (30) days of the date of your order. 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.
This Web site is intended for use by customers who reside in the region serviced by this Web site and there may be limits on where we can ship products as set forth in our shipping policies. To complete your purchase, you must have a valid billing and shipping address within that region.
Accuracy of Billing and Account Information
You agree to provide current, complete, and accurate purchase and account information for all purchases made on credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed in connection with your transactions.
Product Availability and Quantity and Order Limits
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 may place a limit on the quantities that may be purchased per order, per account, per credit card, per person, or per household which you will be informed of on the Web site or prior to us accepting your order.
Dimples may refuse or reject any order at any time, refunding you any monies you have paid for the order, for legitimate reasons which include, but are not limited to, if you have not met the conditions specified at the time of the order, if your payment cannot be processed, if the ordered products are not available, or for obvious errors on the Web site or made in connection with your order. If we are unable to supply the products that you ordered, we will contact you and may offer you an alternative product to consider instead. If you do not choose to purchase the alternative product, we will cancel your order. In the event of obvious errors on the Web site or made in connection with your order, we reserve the right to correct the error and charge you the correct price. In that situation, we will contact you and offer you the option of purchasing the product at the correct price or canceling your order.
Price and Payment
For Dimples products and or services sold at retail locations in your country or region, the prices, product selection and promotions offered on the Web site may vary at any time from what is offered or available in any retail locations. Dimples does not guarantee that a price, product or promotion offered online will also be available or honoured at a retail location. Similarly, Dimples does not guarantee that a price, product or promotion offered at a retail location will also be available or honoured online.
Payments shall be processed at the time of ordering.
The price of our products is based on the latest market values for precious metals and gems and prices may fluctuate day to day. Each customization changes the volume of the item, therefore, even in the same day the same item with a different customization may yield a different price. 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.
Prices shown on the Web site/Web application do not include all taxes or charges (Taxes) that may apply to your purchase. Prices shown on the Web site/Web application exclude taxes and delivery costs. Taxes and delivery costs will be added to the amount of your purchase and shown on the check-out page. You will have an opportunity to review all of the costs that apply to your purchase before you confirm your purchase. Each item in your Shopping Cart is shown at the current item price.
Product offers on the Web Site do not constitute binding offers by us. By clicking complete purchase, submit order or the comparable button to confirm your order with Dimples, you make a binding offer in relation to all of the products in your cart. You will receive an automated purchase confirmation email. The purchase contract is concluded by this email.
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.
Our products are the highest quality and top customer service is our goal. Each Dimples item is a custom, made to order piece that cannot be resold, therefore, all sales are final. The Company's products may not be returned unless the product is defective or damaged. Dimples is not responsible for replacing items made based on incorrect information submitted in the order. For example, if the ring size or engraving indicated on the order submitted by the customer is not correct, Dimples is not responsible for remaking the item in a different size or with a different engraving. The customer assumes all responsibility for the information in the order.
If you order a product and it arrives damaged or defective, we will exchange it at no cost. The customer must contact Dimples within 14 days of receipt of product to notify Dimples of damage or defect. Anytime beyond 14 days from the date of shipment of merchandise, no returns will be accepted nor will returns of products that appear to have been damaged through use or mishandling be accepted.
Simply return all damaged or defective products to:
Dimples, 280 Main Street North, Suite 200, Uxbridge, ON, L9P 1X4, Canada
If purchased at a Retail store, customers may return damaged or defective Dimples items to the Retail store within 10 days of receipt. If Dimples accepts the item for exchange or refund, the exchange or refund will be issued from Dimples not the Retail store.
Please include your email address and phone number so we may contact you if necessary. If we are unable to contact you, we may be unable to process your return. Please allow 60 days for us to process your request.
As a condition of return, and to the extent permitted by law, the following requirements apply:
Products must be returned in a new and unworn condition. New and unworn condition means that there are no scratches, marks, or blemishes on the items. Items modified or re-sized are not considered new.
The product must be returned in its original packaging.
All returns should be accompanied by the original receipt or gift receipt, the original documentation, instruction manuals, parts and components and packaging. Failure to include such items may prevent or delay your refund or exchange or result in additional fees.
Dimples reserves the right to deny any return or exchange if it fails to meet our return criteria. Dimples will not reimburse you for any shipping costs relating to the return of any products purchased
Upon acceptance of your return, a credit will be issued to the original form of payment less any applicable deductions.
Dimples may provide a prepaid return-shipping label for you to return the item. If return-shipping is provided by Dimples, the value of this shipping will be deducted from the refund. If a bonus gift was included with the purchase and not returned, Dimples will deduct the value of the bonus gift. In cases where there is a donation to a charity, the value of the donation will be deducted from the refund. In cases where there is gift wrapping, the gift wrapping charge will be deducted from the refund.
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.
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.
Dimples and other trademarks and service marks referenced herein are either registered trademarks and service marks or trademarks and service marks of The Dimples Group Inc. in Canada and the US.
The names of other companies and marks used on third-party products or services mentioned herein may be registered trademarks and service marks or trademarks and service marks of their respective companies and/or owners. You are prohibited from using any marks for any purpose including, but not limited to use as meta tags on other pages or sites on the World Wide Web without the written permission of The Dimples Group Inc. or such third party, which may own the marks.
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 Web site/Web application, or resulting from the act or omission of any other party involved in making this Web site/Web application, the data contained herein or the products or services offered on this Web site/Web application available to you, or from any other cause relating to your access to, inability to access, or use of the Web site/Web application or these materials, 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, telephone or other interconnect problems (e.g., you cannot access your internet service provider), unauthorized access, theft, 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 Web site/Web application.
Limitation of All Remedies
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, related to or connected with the use of the Site/Web Application or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever banned.
Risk of Loss
All items purchased from The Dimples Group Inc. are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
Allocation of Risks
Purchaser agrees that the Company is excused from performance and shall not be liable for delays due to causes beyond its reasonable control or due to acts of Purchaser, acts of God, changes in local, provincial/state or federal laws or regulations, fires, strikes, floods, epidemics, quarantine restrictions, riot or other civil unrest, war, acts of violence, freight embargoes, delays in transportation, etc., or its inability to obtain labour, materials or manufacturing facilities despite reasonable commercial efforts (collectively, "Force Majeure Events").
Governing Law; Jurisdiction Venue
This Agreement and all other documents provided for or contemplated under this Agreement and the rights and obligations of the parties hereto and thereto shall be governed by and construed and enforced in accordance with the laws of the Province of Ontario (without giving effect to conflicts of law or choice of law principles) and the laws of Canada applicable therein. All of the parties to this Agreement irrevocably submit to the non-exclusive jurisdiction of the courts of the Province of Ontario.
Privacy And Protection of Personal Information