Terms and Conditions
This document was last updated on May 2023
These terms and conditions (“Agreement”) set forth the general terms and conditions of your use of the dearyouofficial.com website (“Website” or “Service”) and any of its related products and services (collectively, “Services”). This Agreement is legally binding between you (“User”, “you” or “your”) and Dear You Limited (“Dear You Limited”, “Dear You”, “we”, “us” or “our”). If you are entering into this agreement on behalf of a business or other legal entity, you represent that you have the authority to bind such entity to this agreement, in which case the terms “User”, “you” or “your” shall refer to such entity. If you do not have such authority, or if you do not agree with the terms of this agreement, you must not accept this agreement and may not access and use the Website and Services. By accessing and using the Website and Services, you acknowledge that you have read, understood, and agree to be bound by the terms of this Agreement. You acknowledge that this Agreement is a contract between you and Dear You Limited, even though it is electronic and is not physically signed by you, and it governs your use of the Website and Services.
Accounts and membership
You must be at least 18 years of age to use the Website and Services. By using the Website and Services and by agreeing to this Agreement you warrant and represent that you are at least 18 years of age. If you create an account on the Website, you are responsible for maintaining the security of your account and you are fully responsible for all activities that occur under the account and any other actions taken in connection with it. We may, but have no obligation to, monitor and review new accounts before you may sign in and start using the Services. Providing false contact information of any kind may result in the termination of your account. You must immediately notify us of any unauthorized uses of your account or any other breaches of security. We will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions. We may suspend, disable, or delete your account (or any part thereof) if we determine that you have violated any provision of this Agreement or that your conduct or content would tend to damage our reputation and goodwill. If we delete your account for the foregoing reasons, you may not re-register for our Services. We may block your email address and Internet protocol address to prevent further registration.
User content
We do not own any data, information or material (collectively, “Content”) that you submit on the Website in the course of using the Service. You shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use of all submitted Content. We may monitor and review the Content on the Website submitted or created using our Services by you. You grant us permission to access, copy, distribute, store, transmit, reformat, display and perform the Content of your user account solely as required for the purpose of providing the Services to you. Without limiting any of those representations or warranties, we have the right, though not the obligation, to, in our own sole discretion, refuse or remove any Content that, in our reasonable opinion, violates any of our policies or is in any way harmful or objectionable. You also grant us the license to use, reproduce, adapt, modify, publish or distribute the Content created by you or stored in your user account for commercial, marketing or any similar purpose.
These terms and conditions together with our Privacy Policy or any other policy referred to in these terms and conditions (“Terms”) apply to your use of and access to the Website. These Terms will apply to any contract between us for the sale of any product including any order placed by you for any product over the Website.
Your use of our Website is governed by these Terms and our Privacy Policy or any other policy referred to in these terms and conditions. You agree that the information you provide when placing an order is true and accurate in all respects. We only use your personal information for the purposes detailed in our Privacy Policy (eg dealing with orders and accounts, processing payments). You will notify our customer service team of any changes to that information.
Whenever you make use of a feature that allows you to upload content to our Website, or to make contact with other users of our site, you must comply with these Terms and any applicable law.
Backups
We perform regular backups of the Website and its Content and will do our best to ensure completeness and accuracy of these backups. In the event of the hardware failure or data loss we will restore backups automatically to minimize the impact and downtime.
Damage to your computer or other device
Dear You will try our best to ensure that the Website is free from viruses and other malicious or harmful content. However we cannot guarantee that your use of this website (including any content on it or any website accessible from it) will not cause damage to your computer or other device. It is your responsibility to ensure that you have the right equipment (including antivirus software) to use the Website safely and to screen out anything that may damage or harm your computer or other device. Except where required by applicable law, Dear You shall not be liable to any person for any loss or damage they suffer as a result of viruses or other malicious or harmful content that they access from or via the Website.
Links to other resources
Although the Website and Services may link to other resources (such as websites, mobile applications, etc.), we are not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with any linked resource, unless specifically stated herein. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any businesses or individuals or the content of their resources. We do not assume any responsibility or liability for the actions, products, services, and content of any other third parties. You should carefully review the legal statements and other conditions of use of any resource which you access through a link on the Website. Your linking to any other off-site resources is at your own risk.
Disclaimer of Warranties
The Website and any products or services made available through the Website are provided to you “as is” without any warranties of any kind, whether express, implied or statutory. You agree that you must evaluate, and that you bear all risk associated with, the use of the Website, including without limitation, any reliance on the accuracy, completeness or usefulness of any materials available through the website. Dear You and its affiliates, suppliers and service providers disclaim all warranties with respect to the website and any product or service (including without limitation, third party products and services) obtained through the Website, to the fullest extent permissible under applicable law, including the warranties of merchantability, fitness for a particular purpose, non-infringement, and title.
Limitation of Liability
Dear You does not seek to exclude or limit liability for death or personal injury arising from its negligence or that of its members, agents, directors or employees or for any fraudulent misrepresentation. To the fullest extent permitted by law and save as provided above, neither Dear You nor any associated company shall be liable to you by reason of any representation, or any implied warranty, condition or other term, or any duty at common law or under the express terms of the contract, or in negligence (whether on the part of Dear You or any of its members, agents, directors, employees or otherwise) for any indirect special or consequential loss or damage (including but not limited to loss of profit or loss of saving), costs, expenses or other claims for compensation whatsoever which arise out of or in connection with the use of this website, the supply of the products or their use or resale by you.
The limitations of the liability in these conditions shall apply equally for the benefit of Dear You and any other associated company of Dear You as if references to Dear You included references to each such associated company. While Dear You uses reasonable endeavours to ensure that the information on this Website is accurate and up to date, it does not give any warranty as to its accuracy or completeness and Dear You will not be responsible for any errors or omissions or for the results arising from the use of such information. While Dear You takes all reasonable steps to ensure a fast and reliable service, it does not guarantee that your use of this Website will be interruption or error free and will not be responsible for any disruption, loss of our corruption of any material in transit, or loss of or corruption of material or data when downloaded onto any computer system.
Dear You will not be responsible nor liable for your use of any other Websites which you may access via links within this Website. Dear You does not control these Websites and is not responsible for their content. Any such links are provided merely as a service to users of this Website and their inclusion in this Website does not constitute an endorsement by or affiliation with Dear You. The entire liability of Dear You under or in connection with any contract for any products to which these conditions apply shall not exceed the price of the products, except as expressly provided in these conditions.
Dear You will not be liable to you or be deemed to be in breach of these Terms or any other contract with you by reason of any delay in performing, or any failure to perform, any of its obligations in relation to the products ordered by you if the delay or failure was due to any cause beyond its reasonable control.
Dear You may assign or transfer any of its rights or sub contract any of its obligations under these Terms to any third part. You may not assign or transfer any of your rights or sub contract any of your obligations under these Terms except with the specific permission in writing of Dear You.
Your sole and exclusive remedy for dissatisfaction with the Website is to stop using the Website.
Placing an order
By placing an order with us, you agree to and accept these terms. Please contact our customer service team if your are not clear about any aspect of these terms before placing an order with us by email [email protected].
By placing an order via this website, you are making an offer to Dear You to purchase the goods detailed in your order upon the terms described in your order.
By placing an order for the delivery of goods via this website, you are making an offer to Dear You to deliver the goods detailed in your order upon the terms described in your order.
Once you have placed an order for goods (and delivery, if applicable), we will send you confirmation that your order has been received, but this is not a confirmation that your offer to purchase the goods (or for them to be delivered) has been accepted. A contract between you and Dear You for the sale and delivery of our goods will only exist once an order has been accepted, processed and dispatched to you. We will take payment from your credit/PayPal account at the time you place your order for any made-to-order items. For all other types of products, PayPal accounts will be charged at the time you place your order. Credit cards will be authorised when your order is placed and processed, but you will not be charged for the value of the goods until the point at which they are dispatched to you. This does not affect your legal rights.
Prices and availability of goods are subject to change without notice.
Deliveries
Delivery charge will be added to your order value where appropriate. Dear You shall receive such delivery charge in relation to the delivery of the goods. Please see our delivery times and charges.
Please note that a delivery charge will be added to your order value where appropriate. Dear You shall receive such delivery charge in relation to the delivery of the goods. Please see our delivery times and charges.
All dates quoted for delivery are estimated delivery dates only and may be subject to change. Dear You cannot accept liability for any loss or damage (whether direct or indirect) if delivery takes place at any time other than the estimated date for delivery.
Stock Availability
We endeavour to display all items currently available on our website, and aim to hold stock of all styles and sizes while a product is active. Occasionally, an item will be out of stock. If this is the case and we expect more stock to become available, this will be highlighted in your bag. The stock status for your order will also be shown on your order confirmation. If the item is available to purchase on pre-order, we will provide a promise date for expected delivery. However, if a product is truly out of stock, you will not be able to add it to your bag.
Return Policy
We regret to inform you that we do not offer a return policy. All sales made on our platform are final and we do not offer any refunds or returns. Please ensure that you carefully review the product description, specifications, and images before purchasing any item from our store. We strive to provide accurate and detailed information about our products to help you make informed decisions. However, if you receive a defective or damaged item, please contact our customer service team within 24 hours of receiving the product and we will work with you to resolve the issue. We appreciate your understanding of our no return policy and we are committed to providing you with the best shopping experience possible.
Promotional Offers
On Occasion, Dear You run promotions and offers on selected products or lines. A full list of the current offers can be found in the Offer section. We refer to these collectively as our “Promotional Offers”. All qualifying Promotional Offers will be automatically applied to your order at the check out page. All of our Promotional Offers are subject to the below terms and conditions:
- They are only valid on full-priced items and cannot be used on sale or promotional items that are already discounted unless otherwise stated;
- They cannot be used in conjunction with any other offer; They are valid for a limited period of time as specified in the marketing communication on the website or in stores and cannot be used outside of that period;
- All orders are subject to stock availability and we reserve the right to withdraw, amend or extend offers at any time, without prior notice.
On occasions Dear You will release Shopping Codes via email or other marketing channels. The Shopping Codes enable a discount to be applied to your order as specified on the marketing communication. To apply the Shopping Code online enter it as requested while viewing your Bag, before starting the Check Out process. The discount will then be applied to your order, subject to the terms and conditions below:
- Shopping Codes are only valid on full-priced items and cannot be used on sale or promotional items which are already discounted unless otherwise stated;
- Shopping Codes cannot be used in conjunction with any other offer;
- Shopping Codes are valid for a limited period of time as specified in the marketing communication, they cannot be used outside of that period;
- Shopping codes are for use by the intended recipient only and proof of entitlement may be requested;
- All orders are subject to acceptance and any improper use of shopping codes may result in the cancellation of your order;
- All orders are subject to stock availability and we reserve the right to withdraw, amend or extend offers at any time, without prior notice; and
- Specific offer terms and conditions are provided with each Shopping Code – for specific information relevant to that offer, please refer to marketing material on which it is featured.
Conformity of goods
We take every care to ensure that the description and specification of our products are correct at the time of going to press. However, specifications and descriptions of products on this Website are not intended to be binding and are intended only to give a general description of the products. Furthermore, while the colour reproduction of the products is a close representation, we cannot accept any responsibility for any variation in colour caused by the browser software or computer system used to view the products.
Trademarks
All trademarks, tradenames, brand names, logos, Product names and titles, whether registered or unregistered, (collectively the “Marks”) used on our Website and our Social Media channels (such as but not limited to Facebook, Instagram, LinkedIn, Youtube, Pinterest, TikTok etc.) are trademarks or trade names owned, registered and/or licensed by Dear You or third party trademark or trade name holders. The Marks are protected by trademark, copyright and various other intellectual property rights. You are not allowed to use, copy, display or reproduce, in whole or in part, any such Marks as this may constitute an infringement of the respective holders’ rights.
All Website and Social Media design, texts, documents, movies, music and/or other services and the selection and arrangement thereof, and all software compilations, underlying source code, software and all other materials on this Website and our Social Media channels (collectively, “Content”), including all copyrights therein, are owned by Dear You and/or its suppliers or subcontractors. The Content is a collective work under the copyright laws of Hong Kong and other countries and protected by applicable copyright laws and treaties the world.
Limited Use
You are only allowed to electronically copy and to print in hard copy portions of the Website to the extent that is necessary for the purpose of placing an order with us, or for using the Website as a shopping resource, or for your other personal and non-commercial use. You are not allowed to make any other use of the information and materials on this Website (including but not limited to the Marks and the Content), including reproduction, modification, distribution or republication for purposes other than as mentioned above. Should you wish to use materials or information from this Website (including but not limited to the Marks and the Content) for any other purpose, you need our prior written approval to do so.
Changes and amendments
We reserve the right to modify this Agreement or its terms related to the Website and Services at any time at our discretion. When we do, we will revise the updated date at the top of this page. We may also provide notice to you in other ways at our discretion, such as through the contact information you have provided.
An updated version of this Agreement will be effective immediately upon the posting of the revised Agreement unless otherwise specified. Your continued use of the Website and Services after the effective date of the revised Agreement (or such other act specified at that time) will constitute your consent to those changes.
Acceptance of these terms
You acknowledge that you have read this Agreement and agree to all its terms and conditions. By accessing and using the Website and Services you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to access or use the Website and Services.
Laws and Territory
These Terms and Conditions (including all policies referred to herein) are governed by the laws of Hong Kong. Any dispute arising from or relating to these Terms and Conditions (or any policy referred to herein) shall be subject to the exclusive jurisdiction of the competent Hong Kong court. This Website and our Terms have been designed for use within Hong Kong and under HK law. Whilst we are happy to consider requests for products and enquiries from outside Hong Kong, we give no warranty, express or implied, that the use of this Website or the placing of any order through this Website from outside the HK complies with any applicable non-HK laws or regulations. Accordingly any products or promotions not permitted under your local law are not offered to you.
Contacting us
If you have any questions, concerns, or complaints regarding this Agreement, we encourage you to contact us using the details below:
