TERMS AND CONDITIONS
This website olivedusk.com (the “Site”) is owned and maintained by OLIVE DUSK (“we”, “us”, “our”, “OLIVE DUSK”). These terms and conditions and our Privacy Policy (collectively referred to as the “Terms”) apply to our Site and establishes the terms and conditions on which we supply products and services to you. Please read through the Terms prior to using the Site. By accessing this Site, ordering products and/or using our services, you agree to be legally bound by the Terms in this agreement (“Agreement”).
1. INFORMATION ABOUT US
i. We are OLIVE DUSK, a business entity registered with the Accounting and Corporate Regulatory Authority (ACRA) in Singapore. Our business identification number (UEN) is 53437907M.
ii. You can contact us by email at olivedusk@gmail.com.
2. ACCESSING AND USING THE SITE
i. When you access and/or use this Site, place orders through it, or use our services, you hereby declare that:
you have read and accepted the Terms in its entirety;
you are at least 18 years old and have the necessary legal capacity, right, power and authority to accept these Terms and you are either;
accessing this Site, using the services and contracting in your own personal capacity; or
accessing this Site, using the services and contracting on behalf of a corporation or another legal entity.
you are authorised to bind the entity (yourself or your corporate entity) on whose behalf you are contracting and such entity agrees to be bound by these Terms;
you will not make any false or fraudulent orders. If an order of this type may reasonably be considered to
have been placed, we shall be authorised to cancel it and inform the competent authorities;
you will not reproduce, modify, adapt or distribute any part of the Site in any medium without the prior written consent of OLIVE DUSK; and
all of the information provided by you to OLIVE DUSK (including personal particulars and contact information) is accurate, current and complete. You agree to provide us with your email address, postal address and/or other contact details truthfully and exactly. You also agree that we may use this information to contact you in the context of your order if necessary.
3. PASSWORD AND ACCOUNT
i. OLIVEDUSK may now or in the future allow you to register an online account (“Account”) on the Site to access and use certain parts of the Site or access certain services.
ii. By registering an account, you agree:
to register using an active and valid personal email address;
that your Account is for your sole, personal use; and
to provide OLIVE DUSK with accurate, complete, and up-to-date Account information. You are responsible for keeping your Account information updated at all times to ensure it is accurate, current and complete. By providing your Account information, you consent to OLIVE DUSK’s use and disclosure of all such information for the purposes set out in our Privacy Policy.
iii. By registering an account, you declare that:
you will not use an email address of another person, especially with the intent to impersonate that person;
you will not share with or permit others to use your Account;
you will not assign or otherwise transfer your Account to any other person or entity; and
you will not use your Account for commercial purposes;
iv. Failure to comply with these Terms shall constitute a breach of this Agreement, which may result in the restriction, suspension or immediate termination of your Account.
v. You will not use the Account of another user at any time, with or without his/her permission.
vi. You agree not to attempt to gain unauthorized access to an account that does not belong to you.
4. PERSONAL DATA AND PRIVACY POLICY
i. We may collect, use and disclose personal data that you provide us to supply and delivery our products and services to you; to process your payment for your orders; to send you newsletters if you have registered for our mailing list; and for other specified purposes. Please read our Privacy Policy for more details.
5. INTELLECTUAL PROPERTY
i. The Site as a whole is protected by copyright of OLIVE DUSK. Any unauthorized adaptation, copying, distribution, downloading, modification, reproduction, republishing, transmission, or other use of intellectual property from any portion of the Site is prohibited. All rights not expressly granted in writing are reserved by OLIVE DUSK.
6. VIRUSES, PIRACY AND OTHER COMPUTER ATTACKS
i. You must not make undue use of this website by intentionally introducing viruses, Trojans, worms, logic bombs or any other software or technologically damaging or harmful material. You shall not attempt to make unauthorised access to this website, the server on which the site is hosted or any server, computer or database related to our website. You undertake not to attack this website through any attack of denial of service or an attack of distributed denial ofservice.
ii. Failure to comply with this clause shall be considered an infraction as defined under the applicable regulations. We will report any failure to comply with this regulation to the corresponding authorities and we will co-operate with them to determine the identity of the attacker. Likewise, in the event of failure to comply with this Clause, authorisation to use this website shall be suspended immediately. We shall not be held liable for any damage or harm resulting from a denial of service attack, virus or any other software or technologically damaging or harmful material that may affect your computer, IT equipment, data or materials as a result of using this website or downloading content from the same or those to which this site redirects you.
7. ORDERS AND PAYMENTS
i. OLIVE DUSK will process Orders for delivery in Singapore. To place an order, you shall indicate the Product(s) you wish to order and the quantity required, at the price and in the currency specified on our Site. Your Order can be placed by checking out via the cart on this Site, making full payment through our third party payment service providers, and providing us with all necessary information as may be required to fulfil your Order. Once your Order has been placed and fully paid for, no cancellation or refund will be permitted.
ii. All Orders made by you for one or more Product(s) shall be deemed to be an offer made by you to purchase such Product(s) upon these Terms and for the selected Products and quantities set out in the Order. All Orders shall be subject to acceptance by OLIVE DUSK.
iii. OLIVE DUSK may accept your Order by:
contacting you by telephone, email or other mode of communication within a reasonable time after you have placed your Order; and/or
delivering the Product(s) ordered to you.
Upon our acceptance of your Order, a binding Contract shall be formed between you and OLIVE DUSK upon these Terms. For the avoidance of doubt, no Contract shall come into existence unless and until the Order has been accepted by OLIVE DUSK. Processing or acceptance of Online Payment for an Order shall not in itself constitute acceptance of the Order, provided that where an Order is rejected by us, any payment made for such an Order shall be reversed or refunded, or an online store credit shall be given to you. All Orders will be assigned an Order Number, which will be used to reference all matters relating to your Order with us.
iv. OLIVE DUSK shall be entitled to:
decline to accept or reject your Order, in whole or in part, at our sole discretion without assigning any reason;
delay or defer delivery of any Order in whole or in part due to Product unavailability, low inventory levels, or for any other reason.
v. If we are unable to fulfil your order, we will inform you through the contact information you have submitted. This might be due to, but not limited to, reasons such as:
the product is out of stock;
unexpected limits on our resources for which we could not reasonably plan;
a credit reference we have obtained for you does not meet our minimum requirements;
we have identified an error in the price or description of the product; and/or
we are unable to meet a delivery deadline you have specified.
In the case where we are unable to fulfil your order, any amount paid by you to OLIVE DUSK for the Order will be fully refunded. There will not be any further compensation.
vi. OLIVE DUSK shall not be liable for any errors in the pricing or specification of Products ordered by you that may appear on our Site. The price payable by you for the product(s) in your Order shall be our current selling price on the date your Order was placed, which may or may not be correctly reflected on our Site. We reserve the right to amend the price of any product at any time without giving any reason or prior notice. Please complete payment at the moment your order was placed as all incomplete and unpaid orders will be cancelled automatically.
vii. No promotion, offer, voucher, or online store credit will be applied retroactively to any standing or previously placed Order. Any applicable promotions, offers, vouchers, or online store credit must be stated before checkout as these cannot be claimed or applied after an Order has been made. No promotion, offer, voucher, or online store credit may be exchanged for cash.
viii. All online payments are subject to processing by OLIVE DUSK’s third party payment service provider, the approval of the payment processing company and the relevant issuing bank. We shall not be liable in any way if the payment service provider, payment processing company or the issuing bank refuses to process or accept any online payment particulars for any reason.
ix. When you place an Order with us, you hereby agree to submit to OLIVE DUSK, and our third party payment service provider, with your online payment or card information and other personal and delivery information that may be reasonably requested by us, or our third party payment service provider, to process your Order; payment for the Order; and to arrange for delivery and invoicing. OLIVE DUSK uses third party payment service providers to process your Order payments. We currently accept payments through Stripe and Paypal. Most major credit cards are accepted by these payment service providers. By placing an order, you agree that OLIVE DUSK cannot guarantee the security of any third party payment service providers and we shall not be liable for any loss, damage, or liability in the event of any unauthorised disclosure of such information by our third party payment service provider. We expressly disclaim any and all liability arising from any third party sites.
x. We reserve the right to exercise our lawful remedies if a dispute or issue arises over online payments, or if we do not receive full payment for your Order. In particular, but without limitation to any other remedies, if the payment processing company or the issuing bank rejects or reverses payment for an Order, OLIVE DUSK may in its discretion cancel the Order and/or refuse to accept future Orders from you.
8. PRODUCTS AND DESCRIPTIONS
i. OLIVE DUSK strives to display and describe as accurately as possible the colours, sizes, dimensions, information and other attributes of our products (“Attributes”). However, due to the inherent limitations of electronic displays and the characteristics of certain materials, actual Attributes of individual products may vary. We strive to ensure that colours of our product in images on the Site are as close as possible to our actual products in reality. However, colours may still appear slightly different in reality due to, but not limited to, studio lighting conditions and/or variances in computer screen calibration. Slight marks and colour/print variations should not be considered as defects or render the product non-compliant, but are inherent characteristics of the Product. We do not warrant that product descriptions or other content on the Site are accurate, complete, reliable, current, or error-free. All Attributes given on our Site are approximate only.
ii. Our jewelry pieces are exclusively handcrafted. By purchasing an OLIVE DUSK product, you agree that:
no two OLIVE DUSK pieces will look exactly the same, even if they are a pair; and
minor variations in measurement (within 5mm) are not considered a defect.
iii. We use earring posts and butterfly backings made of stainless steel or 925 sterling silver, some of which are gold-plated. Our earring posts will tarnish over time and the gold-plating may wear off to reveal the base metal. These are considered fair wear and tear and will not be a valid reason for an exchange, return or refund.
iv. Our handcrafted pieces are tested and made for daily wear but are delicate by nature due to the construction and materials used. For more information on how to care for your jewelry, please read our FAQs on jewelry care.
9. PRE-ORDERS
i. OLIVE DUSK may now or in the future offer products for Pre-orders. Pre-orders are products that will only start production after your Order has been confirmed and fully paid for. We require 2-3 weeks, or otherwise stated, to handcraft your orders just for you. Once your pieces are complete, your order will be processed immediately and couriered to you. Local orders will arrive in 2-3 business days. If we require an extension or are not able to fulfil your order due to any unforeseen or unfortunate circumstances, we will get in touch with you via the contact information you submitted and you will be given an option to cancel your order with a full refund, limited to the amount you have paid in full for the product.
10. EXCHANGES, RETURNS AND REFUNDS
i. For hygiene reasons, all sales are final and we do not accept exchanges, returns or refunds on our earrings. For the same reasons, test pieces and earrings worn by our models for photoshoots are never sold to you and you can be assured that your OLIVE DUSK pieces are completely new and unworn. We take utmost care in crafting our jewelry and packing your orders, and we hope you’ll love them. If there is an issue with your order, we’d love to make things right. Please get in touch at olivedusk@gmail.com.
11. PARCELS AND DELIVERY
i. We currently only ship within Singapore and are working towards shipping internationally. If you are overseas and would like to place an order, please write to us at olivedusk@gmail.com.
ii. OLIVE DUSK strives to process your orders within 2-3 business days. All of our Singapore orders are sent using a local courier service with full tracking information available. When your order is shipped, we will update you with the tracking details for your parcel. Local shipping is complimentary with all orders and delivery should take 2-3 business days to arrive.
iii. For Pre-orders, we require 2-3 weeks, or otherwise stated, to handcraft your orders just for you. Once your pieces are complete, your order will be processed immediately and couriered to you. Local orders will arrive in 2-3 business days.
iv. Any shipment, delivery or collection dates provided by OLIVE DUSK are estimates only and shall not form part of the Contract. We shall not be liable for any loss, damage, cost or expense for any failure to meet any given shipment, delivery or collection date, howsoever caused. If your Order has not been delivered within a reasonable time, please contact us at olivedusk@gmail.com.
v. We'll be in touch via email in the event of a bounced parcel. However please note that, without prejudice to any other right or remedy available to us, we may charge you for storage costs and/or any further delivery costs, or terminate your Order if you repeatedly fail to take delivery of the product. Bounced parcels that are unclaimed after three months will be deemed as OLIVE DUSK's property and no compensation or refund will be offered as sufficient response time has been given.
12. WARRANTIES, DISCLAIMERS AND LIMITATIONS
i. While we make every effort to ensure that all information, content and services on the Site is accurate and complete, we provide these on an ‘as is’, ‘as available’ basis only without warranties of any kind either express or implied. To the fullest extent permissible pursuant to applicable law, OLIVE DUSK disclaims all warranties, express or implied, including, but not limited to, implied warranties of satisfactory quality, merchantability or fitness for a particular purpose, compliance with description, or the warranty of non-infringement. Without limiting the generality of the foregoing, we expressly disclaim any warranty, condition, guarantee, term or representation as to the reliability, accuracy, completeness, and validity of any content or material on the Site; that the functions contained in or access to the Site will be secure, timely, uninterrupted or error-free or without omission; that any defects will be corrected; and that the content in the Site is free of viruses or other harmful components; or that the download, installation or use of any OLIVE DUSK content or services in or with any computer will not affect the functionality or performance of the computer. We assume no responsibility for errors or omissions in the materials on the Site, including factual or other inaccuracies or typographical errors. You expressly agree that your use and/or access of the Site is at your sole risk, responsibility and cost.
ii. You agree that:
OLIVE DUSK shall be entitled at any time, at its sole and absolute discretion and without prior notice, add to, vary, terminate, withdraw or suspend the operation of the whole or any part or feature of the Site or Services without assigning any reason;
access to or the operation of the Site or services may from time to time be interrupted or encounter technical or other problems and may not necessarily continue uninterrupted or without technical or other errors;
and in any such an event, OLIVE DUSK shall not be liable for any loss, liability or damage which may be incurred as a result.
iii. We expressly disclaim any and all liability arising from any third party sites, products or services, whether available or advertised via the Site. You acknowledge and agree that your access and use of the Site is dependent on third party service providers such as internet, network, connectivity or other link providers. Your payment for any product purchased from the Site is processed by third party payment system providers and OLIVE DUSK does not retain or process any such payment information. We cannot guarantee the security of such third party payment system(s) or any payment data on the Site. OLIVE DUSK is not responsible for any acts or omissions of any third parties and disclaims any and all liability in connection with the acts, omissions or defaults of such third parties. Without prejudice to the generality of the foregoing, OLIVE DUSK is not responsible for the results of any credit inquiry, the availability or performance of the Internet, your connection to the Internet or the actions or inaction of any other person or entity, including any internet service provider. By using the Site, you expressly relieve OLIVE DUSK from any and all liability in connection with the acts, omissions or defaults of such third parties. Any arrangement made between you and a third party named on or linked to from these pages is at your sole risk and responsibility.
iv. Under no circumstances, including, but not limited to negligence, shall OLIVE DUSK be liable for any indirect, special, consequential, or incidental damages that result from the use of, or the inability to use, the OLIVE DUSK content, products, services, Site, third party products, or any other website, even if OLIVE DUSK or an OLIVE DUSK authorised representative has been advised of, or should have foreseen, the possibility of such damages.
v. To the extent permissible at law: We shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with any Orders. In the event that OLIVE DUSK is found to be liable for damages despite the foregoing provision, you agree that our aggregate liability to you shall be limited to the total amount of fees and charges paid by you for the products and services to OLIVE DUSK.
13. INDEMNITY
i. You agree to indemnify and hold OLIVE DUSK and our employees, partners, affiliates, advertising agencies, agents, directors, representatives and founder harmless from all claims, demands, actions, proceedings, liabilities (including statutory liability and liability to third parties), penalties, and costs (including without limitation, legal costs on a full indemnity basis), awards, losses, damages, and/or expenses that they may be subject to, directly or indirectly, due to, or arising out of:
any access and use of the Site;
your connection to the Site;
your breach of any terms and conditions of these Terms;
your violation of any rights of another person or entity; and
your breach of any statutory requirement, duty or law.
14. TERMINATION
i. You agree that OLIVE DUSK has the right in its sole and absolute discretion to restrict, suspend, or terminate your access to all or any part of the Site or services without assigning any reason and without notice, if we deem that you have breached these Terms.
15. VARIATION
i. OLIVE DUSK reserves the right to change, modify, suspend or discontinue the whole or any portion of the Site or services at any time. We may also impose limits on certain features or restrict your access to parts or the entire Site or services without notice or liability.
ii. We may from time to time vary or amend these Terms by posting the amended Terms at this Site. Please check back frequently to see any updates or changes to our Terms. Any access to the Site or use of the services after the amendment of these Terms will be considered as acceptance of the amended Terms by you. If you do not agree to the amended Terms, you have the right to cease using the Site and services.
16. SEVERABILITY
i. If any provision of these Terms is found to be illegal, void or unenforceable under any law that is applicable hereto, or if any court of competent jurisdiction in a final decision so determines, these Terms shall continue in force save that such provision or part thereof shall be deemed to be deleted.
17. RELATIONSHIP
i. Neither these Terms nor your use and/or access of the Site creates any joint venture, agency, partnership, or employment relationship between you and OLIVE DUSK. Neither party shall have any authority to bind the other in any way.
18. WAIVER
i. A failure by OLIVE DUSK to exercise or enforce any rights conferred upon it by these Terms shall not be considered to be a waiver or variation of any such rights, or operate so as to bar the exercise or enforcement thereof at any subsequent time or times.
19. THIRD PARTY RIGHTS
i. A person, or entity, who is not a party to this Agreement shall have no right under the Contracts (Rights of Third Parties) Act (Cap. 53B) to enforce any term of this Agreement, regardless of whether such person or entity has been identified by name, as a member of a class or as answering a particular description.
20. GOVERNING LAW & JURISDICTION
i. These Terms and all matters relating to your access to, or use of, this Site and the Services shall be governed by and construed in accordance with the laws of Singapore, without giving effect to any principles of conflicts of law.
ii. You hereby agree to submit to the exclusive jurisdiction of the Singapore courts.
Last updated on 13 Jan 2022.