Terms and conditions

 

 

Site owner

 

This website is owned and operated by Mydummychain.com

 

Acceptance of Terms and Conditions

 

If any instruction is received by Mydummychain.com from the Buyer for the supply of products and/or services, it shall constitute acceptance of the terms and conditions contained herein. In using this website you, as our customer are deemed to have read and agreed to the following terms and conditions:

 

Terminology

 

The following terminology applies to these Terms and Conditions:

 

  • Company refers to mydummychain.com
  • Buyer means the person or company accessing  this website, accepting the Company’s terms and conditions and buying the products from the company.

 

Amendment of terms and conditions

 

Mydummychain.com may amend these terms and conditions from time to time. Amendments will be effective immediately upon posting of the amended terms and conditions on this Website. It is the Buyers obligation to familiarize with the latest terms and conditions.


These terms and conditions were last updated 3rd of September 2013.

 

Privacy Statement and Confidentiality

 

Mydummychain.com is committed to ensuring that the Buyers privacy is protected. Any personal information the Buyer do provide to the company will be kept for as long as necessary to achieve the purpose you submitted it for. When the Buyer purchases products of the company, Mydummychain.com will need to collect certain information. The  internet shop will determine exactly what information the company collects. The information may include the Buyers:

 

  • Name
  • Address
  • Contact phone number(s)
  • Contact facsimile number(s)
  • Company names
  • Email address
  • Date of Birth
  • Country of Residence
  • Credit Card details such as Credit Card number(s) and expiry date(s)
  • customer preferences and requests for personalized dummy chains with different beads, strings, clips etc. in various size, colour and weight
  • Delivery details

 

Mydummychain.com will collect certain personal information when the Buyer

 

  • communicates with the company either personal or via email, telephone or facsimile. 
  • places an online order
  • signs up as a member
  • subscribes to a service or newsletter
  • needs help with a forgotten password or is having login problems with one of the company's site services
  • request other services the company can provide

 

Mydummychain may use the information provided by the Buyer for processing transactions and for any marketing, promotional, publicity, marketing or market research that the company might undertake.

 

The given information will not be shared with third parties to promote products or offerings not related to the company. However, the company's personal information may be shared with other third parties if the company is required to do so by law.

 

Price

 

The Price shall be as indicated on invoices provided by the Company to the Buyer in respect of products supplied.

 

Mydummychain.com reserves the right to implement a surcharge for alterations to specifications of products after the order has been placed.

 

Although the company ensure prices stated on this website are accurate, errors do occur from time to time. Where a pricing error occurs (subject to applicable law that cannot be excluded), the company will not be bound by the incorrect pricing stated, and reserve the right to cancel the Buyers purchase.

 

Quotation

 

The Buyer may request a Quotation from the Company setting out the price and quantity of the products to be supplied. If the Quotation is acceptable to the Buyer, the Buyer may place an order within an acceptable timeframe.

 

Special Offers

 

Special deals and offers on the company's website are only valid for so long as they are displayed, unless expressly stated otherwise.

 

 

Payment, Late Payment, Default of Payment and Consequences of Default of Payment

 

Cash or Credit card: Visa & Mastercard through Paypal are acceptable methods of payment.

 

The Company's terms are payment in full within twenty days of the invoice date and delivery of any products after payment unless otherwise arranged in advance and confirmed in writing by the company. All products remain the property of the Company until paid for in full.

 

Late payment shall incur interest at the rate of 5 % per annum calculated on a daily basis. This shall be payable on any monies outstanding under the Contract from the date payment was due until the date payment is received by the Company, but without prejudice to the Company’s other rights or remedies in respect of the Buyer’s default in failing to make payment on the due date.

 

Without prejudice to any other remedies the Company may have, if at any time the Buyer is in breach of any obligation (including those relating to payment), the Company may suspend or terminate the supply of Products to the Buyer and any of its other obligations under the terms and conditions. The Company will not be liable to the Buyer for any loss or damage the Buyer suffers because the Company exercised its rights under this clause.

 

In the event that:

 

  • any money payable to the Company becomes overdue, or in the Company’s opinion the Buyer will be unable to meet its payments as they fall due; or
  • the Buyer becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or
  • a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Buyer or any asset of the Buyer; then without prejudice to the Company’s other remedies at law

 

the Company shall be entitled to cancel all or any part of any order of the Buyer that remains unperformed in addition to, and without prejudice to any other remedies; and all amounts owing to the Company shall, whether or not due for payment, immediately become payable.

 

Returns and Warranty

 

The Buyer shall select any products carefully before placing an order or ask for the company's written advice by placing a product inquiry before purchasing. All products are individually assembled for the Buyer, therefore the company does not accept returns for refunds, credit or exchanges based on change of mind, incorrectly ordered, same product purchased elsewhere, incompatible or unsuitable products. The Buyer will need to pay the freight for the return but the company will cover the cost of sending the replacement item out to the Buyer.

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The company reserve the right to reject any returns unless products are returned in its original packaging and complete accessories. Returns of products that have been dropped/damaged/modified/tampered/manufacturer labels removed will not be accepted.

 

The company offers a 7 days new for new replacement guarantee based on DOA (Dead On Arrival). If a product purchased by the Buyer is found to be faulty in 7 days of receiving (if send by courier), the Company will guarantee an instant new replacement (subject to stock availability) or the Buyer can also choose a credit or a refund. This will be subject to the approval of the Company once product has been returned and tested. For courier orders where the Buyer paid for the delivery of the item, all shipping costs involved in processing of DOA products will be fully covered by the Company providing an arrangement for a courier to pick up the faulty products from the Buyer. Once the item is approved for return, the Company shall contact the Buyer to organize an appropriate time for pick up via courier.

 

In the event of a Company's manufacturer or supplier ceased to exist, in most cases the warranty cover will also cease. However, the Company will endeavor to fulfill  warranty commitments at their best.

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Products returned for a warranty claim will generally be repaired, replaced, upgraded or refunded by the Company, based on their discretion.

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WARRANTY EXCLUSIONS

 

Warranty cover will not apply to any product that is repaired or altered by the Buyer or any other person than the company or authorized service personnel, where products disassembled or repaired in such a manner that performance or functionality is affected.

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The warranty does not cover any product that fails or is damaged as a result of improper storage, operation under abnormal conditions, misuse, neglect, abuse, accident, act of God or maladjustment of consumer controls.

 

The company uses prefabricated wooden beads made in Germany. Quality or colour deviations may arise especially with wooden letter beads, where the letter is not positioned centrally or blurred. As the company uses photos on their website to present every product, those quality and colour deviations are extremely visible for every Buyer. Furthermore will the company point out those deviations from accepted standards with the product explanation on the company's website. Therefore, the warranty cover will not apply to any of the aforementioned quality or colour deviations on wooden beads. It is on the Company's discretion to replace the product.

 

The warranty will not apply to normal wear and tear. Naturally, babies and toddlers will lick and chew on a dummy chain and the wooden beads may become blurred, fade or the colour coating is flaking off. Even through normal 'wear and tear' the product will be safe to use. All products will be assembled accordingly to the European Safety Standards for  toys:  71-3 - migration of certain elements.

 

Cancellation

 

Cancellations of an orders require a notification in person, via email, mobile phone or any other means subject to confirmation in writing. A Cancellation shall only be accepted by the Company if the Buyer has not paid for the ordered product accordingly to the invoice issued.

 

Disclaimer

 

All information on this website is provided on an "as is " and "as available" basis. The Company assume no guarantee for the quality of the information provided, any inaccuracies or omissions in relation to the website. The company excludes all liability damages, referring to material or non-material damage and which may be caused by the usage or non-usage of the information provided, or by the usage of any incorrect or incomplete information. Specifically, the Company's liability and responsibility is excluded in respect of any and all loss or damage, whether direct or indirect, including, without limitation, loss of profits, loss of data, loss of business or anticipated savings, general and special damages, and consequential and incidental loss.

 

Any liability claims against the Company for representations and warranties including all incomplete, unverified or incorrect information by affiliates, advertiser or any other third party are excluded. Liability for unlawful, erroneous or incomplete contents and for damages arising from the usage or non-usage of any such information lies solely with the provider of the website to which a reference was provided, and not with the party who merely refers to the publication in question via links.

 

The above exclusions and limitations apply only to the extent permitted by law. None of your statutory rights as a consumer are affected.

 

Cookies

 

Like most interactive websites the Company’s website uses cookies to enable them to retrieve user details for each visit. Cookies are used in some areas of the website to enable the functionality of this area and ease of use for those people visiting. Some of the Company's affiliate partners may also use cookies.

 

Log Files

 

The Company may use IP addresses to analyse trends, administer the site, track user’s movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information. Additionally, for systems administration, detecting usage patterns and troubleshooting purposes, the Company's web servers automatically log standard access information including browser type, access times/open mail, URL requested, and referral URL. This information is not shared with third parties and is used only within this Company on a need-to-know basis. Any individually identifiable information related to this data will never be used in any way different to that stated above without your explicit permission.

 

Feedback

 

Feedback the Buyer provide on the Company must not contain offensive, defamatory, retaliatory or inappropriate language or content. Mydummychain.com may remove any feedback that the Company considers to be offensive, defamatory, retaliatory or inappropriate. The Buyer must not post feedback about himself or include any contact details or personal information in his feedback.

 

GST

 

For New Zealand delivery addresses, all prices are New Zealand GST inclusive unless otherwise stated. If the Buyers order ships to a delivery address outside New Zealand, no New Zealand GST will be charged.

 

Customs & Duties

 

For any orders shipped outside of New Zealand the customer is the importer of record and will be responsible for all customs import duties and sales tax charges. These charges vary in each country and are outside of the company's control. The Buyer shall contact the local customs office for more information on what import duties or sales taxes may be imposed.

 

Dispute resolution

 

The Company will endeavour to resolve any dispute between the Buyer and itself without the need for Court proceedings. Any such attempt is without legal prejudice.

 

Force Majeure

 

Mydummychain.com has no liability for any lack of performance any obligation under any Agreement which is due to an event beyond the Company's  control including but not limited to any Act of God, terrorism, war, Political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or man made eventuality outside of the companies control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen.

 

No Waiver

 

If the Company does not exercise or enforce any right or remedy available to the Company under these terms and conditions, it does not constitute a waiver of those rights and shall not cause a diminution of the obligation under this or any Agreement.

Partial Invalidity

 

If any provision of these terms and conditions becomes or is held to be invalid, unenforceable or illegal for any reason, and in any respect, that provision shall be severed from the remaining terms and conditions, which shall continue in full force and effect.

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