TERMS & CONDITIONS

Nellie v Kim DreamlandStore

 

AUGUST 8, 2020

IN ORDER TO ACCESS OR USE THIS WEBSITE AND ANY OF ITS SUB-DOMAINS AND ANY OTHER WEBSITES OPERATED BY US YOU MUST FIRST READ AND ACCEPT THESE TERMS & CONDITIONS OF USE. THIS WEBSITE (THE “WEBSITE”  WWW.NELLIEVKIM.COM ) IS OWNED, OPERATED AND DISTRIBUTED BY INDIVIDUAL ENTREPRENEUR NELLI VLADIMIROVNA KIM. IF YOU DO NOT AGREE TO ANY OF THESE TERMS, YOU SHOULD NOT USE THE WEBSITE. THESE TERMS & CONDITIONS APPLY TO ALL USERS, INCLUDING BOTH USERS WHO ARE SIMPLY VIEWING THE WEBSITE AND USERS WHO ARE PURCHASING SERVICES THROUGH THE WEBSITE. 

 

INDIVIDUAL ENTREPRENEUR NELLI VLADIMIROVNA KIM MAY, AT ITS SOLE DISCRETION, CAN MODIFY THESE TERMS & CONDITIONS AT ANY TIME. USERS ARE RESPONSIBLE FOR KEEPING THEMSELVES UPDATED WITH SUCH CHANGES. BY ACCESSING THE WEBSITE AT ANY TIME AFTER SUCH MODIFICATIONS, YOU ARE AGREEING TO SUCH MODIFICATIONS.

PLEASE NOTE THAT THE TERMS AND CONDITIONS VALID FOR YOUR ORDER IS ALWAYS THE TERMS & CONDITIONS THAT IS IN EFFECT AS OF THE TIME THAT YOU PLACED YOUR ORDER AND NOT A LATER VERSION. YOU SHOULD KEEP A COPY OF THESE TERMS & CONDITIONS FOR FUTURE REFERENCE.


 

IF YOU HAVE ANY QUERIES ABOUT OUR TERMS & CONDITIONS, PLEASE CONTACT US ON STUDIO@NELLIEVKIM.COM



 

TERMS

 

You, Client — is a legally capable adult physical person placing orders and purchasing services from Contractor’s website www.nellievkim.com for his/her personal, family, domestic, and other needs not related to undertaking business activities. All provided details by Client to Individual Entrepreneur Kim Nelli Vladimirovna for ordering or purchasing services must be true, accurate, current and complete in all respects. Client agrees that email can be used as a long-distance means of communication.

 

Contractor — Individual Entrepreneur Kim Nelli Vladimirovna, the owner of www.nellievkim.com, registered in Moscow, Russian Federation, PSRNSP 318774600671150, ITN 774328007706; whose services are presented on this Website.

 

Dreamlandstore, Website — is an Internet site located on www.nellievkim.com and www.nellievkim.com/dreamlandstore. It presents services offered by Contractor to Clients, as well as terms of delivery, payment, return and exchange of these goods.

 

Model –– design of the apparel, accessory or other thing of material value offered by Contractor to Client as a part of service realisation.

 

Item — is an item of apparel, accessory or other thing of material value presented on Website.

 

Service –– production of the item (either apparel, accessory  or other thing of material value ) presented on the Website for ordering.

 

Order — is a duly executed request form fulfilled independently by Client, placed on the Website and directed to Contractor, containing information of Services being purchased, selected methods of delivery and payment.

 

Delivery company  — a third party that provides delivery services of Orders to Clients. Delivery service is based on the agreement with Contractor.

 

Promotion — an offer addressed from Contractor for the sale with special conditions of particular Services during defined time period.

 

Offer Acceptance — a complete and absolute acceptance of these Terms & Conditions agreement by Client made with Order placing and confirmation.

 

Conditions — means these Terms & Conditions, as well as conditions noted in items descriptions and on separate pages of Website, which are referenced in these Conditions.

 

Cancellation of order  — a one sided refusal to perform retail contract of service.


 

1. GENERAL

 

1.1. The owner, operator and distributor of the Dreamlandstore (website: www.nellievkim.com) is an Individual Entrepreneur Kim Nelli Vladimirovna.

 

1.2. These Terms & Conditions of Services determine the process of Services implementation for the production of Designs between Contractor & Client through the Website, where Contractor undertakes to provide Client with services for the production of chosen Model, and the Client agrees to accept done work and pay for the Order.

 

Website functionality could be unilaterally modified by Contractor at any time. Contractor has the right to specify, change and cancel certain features of Dreamlandstore. However, actions which were made by Client before Website alterations are legally significant and obligatory for both Client and Contractor.

 

1.3 By purchasing services from Dreamlandstore, Client fully agrees to comply with and be bound by the following Terms and Conditions of Service, which together with Privacy Policy govern Dreamlandstore 's relationship with Client in relation to this Website. 

In case of disagreement with any part of these Terms & Conditions, Client must immediately stop using the service and leave the Website www.nellievkim.com.

 

1.4 These Terms & Conditions, as well as all Models information presented on the Website, are a public contract agreement between Client and Contractor according to Art. #435 and p. 2 of Art. #437 of the Civil Code of Russian Federation Law.

 

1.5. Services sale from Contractor to Customer is regulated by the Law of Russian Federation, as follows:

 

1.6. These Terms & Conditions can be changed without notice at any time by Contractor. New editions operate from the moment of its publication on the Website and apply to any Order made after publication.

 

1.7. Placing an Order, means full acknowledgement of these Terms & Conditions. When ordering services from Dreamlandstore Client unconditionally accepts all Service Conditions (including Conditions presented on separate web pages) and confirms full agreement with price, basic consumer properties (characteristics, description) of Models presented on the Website, as well as terms of payment, delivery and customs conditions of express transporters EMS & Boxberry that are presented at https://nellievkim.com/dreamstore/delivery.

 

1.8. This website contains material which is owned by or licensed to us or our partners. This material includes, but is not limited to, the design, layout, look, appearance, texts, images, visual information and graphics. Viewing, pages printing, using information from Website are allowed only for personal use. Reproduction is prohibited.


 

2. DESCRIPTION OF ITEMS

 

2.1. All Models information is presented on Website and provided by Contractor.

 

2.2. Contractor holds the right to change prices at his sole discretion at any time.

 

2.3 Content of Dreamlandstore pages including photos of items and its characteristics are simple illustrations and descriptions intended only for general information and can differ from the actual appearance of the item. It is subject to change without notice.

All sizes, weights, capacities, dimensions and measurements, packaging design indicated on Website are approximate only since not all Items are created equal due to hand craftsmanship. Although every effort was made to display colours accurately, Contractor cannot guarantee that a device’s display accurately reflects shades of the items. Packaging may vary from that shown on Website.

 

2.5 All our masks are hypoallergenic but contain saches. By ordering mask Client confirms that he does not have any allergy on dried lavender.

 

2.6 Contractor provides full information about recommended care items instructions on Website or in additional brochures going with the Item.

 

2.7 Whether Client needs any additional information regarding items properties he should address it to studio@nellievkim.com.


 

3. PLACING ORDER

 

3.1. Client independently places Service Order on Website.

 

3.2 Service Orders can only be placed by persons who are 18 years or older.

 

3.3 When placing an Order, Client should fill all required fields of order form including full name, address, phone (for delivery). Client bears full responsibility for providing incorrect information, which resulted in the impossibility of Contractor to execute properly his obligations to Client.

 

3.4 When placing Order, Client gives his permission to proceed and operate his personal data (as described in article 10 of current Terms) as well as agrees to fully follow Terms of Service by filling Website online order form.

 

3.5 If ordering from countries excluding EAEU (any countries excluding Armenia, Belarus, Kazakhstan, Kyrgyzstan), items price does not include any taxes and customs duties in country of delivery. 

Additional taxes, fees or levies may apply according to local legislation and Clients are required to check these details before placing an order for international delivery. Where applicable, it is Client’s sole responsibility to comply with any import controls or sanctions rules applicable to supplied goods.  Client must pay import duty or any formal customs clearance entry fee prior to or on delivery. Delivery company has the right to contact Client and ask for ID copy and ITN number to formalize additional customs services.



 

4. PAYMENT

 

4.1 Terms of payment for Services on Website is 100% prepayment by default. 

 

4.2 Service prices do not include delivery costs.

 

4.3 Contractor has the right to change prices without notice. Model price which was already ordered after Client’s payment is not subject for change.

 

4.4 Price for monogram includes 2 letters embroidered in Contractor’s design.

 

4.5 Payment is charged in Russian Rubles. Additional changes can be debited by payment system due to currency conversion.

 

4.6 Client makes payment by credit card through online payment provider Yandex.Checkout (Яндекс.Касса or ООО НКО  “Яндекс.Деньги”). Yandex.Checkout payment provider accepts credit cards such as Visa and MasterCard.

Additional charges may apply for currency conversion. International credit card providers or banks determine the exchange rate and may add an additional processing or administration charge in relation to such payment which international credit card holders  will be liable to pay.

Payment by cash is not considered.

 

4.7 By making pre-payment for service and model delivery Client agrees that e-purchase receipt will be sent by email stated in the order form. Due to Russian Law and Tax Authorities policy  receipt is provided in Russian. 

Contractor’s policy is paperless. Hence paper receipt is not provided to the Client.

 

4.8 Contractor is entitled to provide discounts in order to promote one or another method of payment or delivery for result of service works. Types of discounts, bonuses, procedure and accrual conditions are indicated on the Website and determined independently by Contractor. Contractor has the right to change those conditions and terms of the discounts.


 

5. PERFORMING THE SERVICES

 

5.1 Order is considered to be placed after Client gets a confirmation email with Order details indicating full sum of service(s), customer contact details, delivery address and other services stated in online Order form.

 

5.2 Completion of online checkout process does not constitute Contractor’s acceptance of Client’s will to purchase services in Dreamlandstore. Within 5 working days from date of Order payment, Contractor contacts Client to confirm availability of the services, details of the Order (date, time, place of delivery) through phone, email, WhatsApp or Instagram Direct. 

 

5.3 Production timing for services is negotiated separately with Client by Contractor.

 

5.4 Production timing for accessory Models (silk masks) is 7 working days from the moment of payment. Production timing for Customized accessory (with embroidered monogram) is 15 working days from the moment of payment. 

 

5.5 If Client is out of reach for 5 working days, his Order is cancelled. Money will be returned by Contractor to the same account from which payment was done.

 

5.6 Contractor has the right to cancel Order during 5 working days. Money will be returned by Contractor to the same account from which payment was done. A notification message will be send to Client email.

 

5.7 Date of delivery is individually negotiated with Client. Delivery date depends on time required for Order execution, production and shipping. 

 

5.8 Contractor has the right to exclude specific Models from the Order, propose a similar Model or cancel Order completely and inform Customer by phone, email, WhatsApp or Instagram Direct. 

In order to make a full cancellation of the Order Client needs to notify Contractor in the same day he was informed about Models unavailability.

 

Where the realisation of Client’s ordered services is delayed or postponed, prevented for reasons beyond Contractor’s control (for example, material shortages, delivery delays, closure of delivery office, closure of delivery pick up point offices, import delays or higher than anticipated demand) Contractor makes every effort to keep Client informed by phone, email, WhatsApp or Instagram Direct.  

Contractor shall be under no liability for any delay or failure to deliver Items if the delay or failure is wholly or partly caused by circumstances beyond Contractor’s control. Client could refuse from services agreement or negotiate new delivery conditions or make a new Order.

 

5.9 Client cannot make speculative, false or fraudulent Orders. If Contractor has doubts in the honesty of motives placing the Order, Contractor has the right to cancel such Order and notify relevant authorities.

 

5.10 Contractor has the right to unilaterally limit the number of Models in one Order, total sum of one Order, number of Orders sent to one address of one Client as well as to determine type of payment for the Order.

 

5.11 Contractor has the right to decline an Order for any reason, including legal and regulatory reasons. If the fulfilment of an Order (or any aspect of it) would be illegal or unlawful, including by reason of breach of export controls or sanctions rules, Contractor has the right to stop or cease to fulfil the Order at any time, including after despatch of items and/or notification to Client that the Order has been received and is being processed. Client acknowledges that Contractor shall incur no liability in such circumstances.


 

6. ACCEPTANCE OF WORK & DELIVERY

 

6.1 Worldwide & domestic delivery is despatched by courier delivery companies including International Express Mail Service (EMS) and Boxberry. All service is available for tracking through deliverer websites.

 

6.2 More information on delivery conditions could be found through links below:

www.nellievkim.com/delivery

https://boxberry.ru/find_an_office/

https://boxberry.ru/private_customers/get_a_letter_or_parcel/

https://www.pochta.ru/emspost/

 

6.3 Moscow & St. Petersburg delivery takes up to 2 working days by Boxberry courier or up to the Boxberry Self Pick Up office. Once Order has been processed for delivery and shipped out from Contractor’s facilities, Client will receive a shipping confirmation that contains a tracking number. Contractor can monitor the estimated arrival status of package by clicking here (https://boxberry.ru/tracking/) and use Boxberry package tracking feature by directly entering the provided tracking number on their site.

 

6.4 Delivery charges and timescales for the rest of Russia (except Moscow, Moscow suburbs & St Petersburg) and Worldwide Orders vary depending on the type of Models ordered, the service you select and the delivery address. Delivery conditions are negotiated individually by phone, email, WhatsApp or Instagram Direct with the Client. 

Delivery is charged by weight. 

Contractor makes its best to follow delivery frames. Although Contractor is not responsible for possible delays due to unpredictable obstacles happened for reasons beyond Contractor’s control.

 

6.5 Order could be delivered to several individuals (‘receiver’):

  • Client

  • any individual mentioned in Order form as a receiver

 

6.6 Receiver’s mobile number/email address will be given to the courier to help with delivery date, time slot and address. Receiver will be contacted by Courier in advance before delivery.

 

6.7 Orders could be delivered from Mon to Sat:

  • Moscow – from 10 am to 10 pm

  • St. Petersburg – from 10 am to 8 pm

 

Courier makes 3 delivery attempts. Courier service takes up to 15 min.

 

6.8 In order to avoid fraud, Client agrees, upon delivery company representative’s request, to provide a copy of valid ID for identification. Courier delivery could only be done indoors. If delivery address has restricted access mode delivery is thought to be done only until checkpoint.

 

6.9 When accepting Order, Receiver must inspect the integrity of the individual packaging and availability of external damages in presence of delivery company representative. After checking the integrity of the package and absence of external damages, Receiver should open the package and check that Order is in complete volume with chosen items, namely size, model, colour of the Item(s).

 

In the absence of claims for Order Receiver should sign delivery invoice. Receiver’s signature means that Client has accepted Item(s) and does not have any claims to the appearance, configuration and cost of Services.

 

6.10 If accepting Order with fitting service, Receiver must inspect the integrity of the individual packaging and availability of external damages in presence of delivery company representative. After checking the integrity of the package and absence of external damages, Receiver should open the package and check that Order is in complete volume with chosen Items, namely size, model, colour of the Item(s).

 

In the absence of claims for Order Receiver should start fitting Item(s).

Fitting should be indoors, in sight of courier or in special delivery pick up office fitting cabins.

 

6.11 All risk in the Items of Client’s Order (including risk of loss and/or damage to the items) shall pass to Client when they are delivered to the delivery address or delivery Self Pick-Up office specified in the Order and delivery invoice is signed by Client.


 

7. CANCELLATION & RETURNS

 

7.1 Client has the right to refuse from the result of produced work, in other words an Item,  at any time before despatch (meaning that Order is not transferred to delivery company).

 

7.2 Returns must be made within 7 days of confirmed delivery.  Items must be unused, with labels, tags, original packaging and receipt.

 

7.3 Client is required to pay return shipping costs.

 

7.4 In case of doubts considering fact of use, an independent examination will be carried out. If examination certifies that Item shortcomings have arisen due to circumstances not brought by Contractor, Client must reimburse Contractor full costs of examination, as well as all expenses caused by Item storage and transportation.

 

7.5 Exchange of Item is made by Item return and creating of new service Order.

 

7.6 For return of proper quality Item, Item should be safely packed for transportation with all completing accessories (for silk masks a sache, washing bag, pillow ears) as well as original packaging (care instruction, tags, swing tickets) plus:

• Signed return application claim specifying reason for refund 

• Copy of the Client’s ID

• e-receipt


 

8. CONSEQUENCES OF DETECTING DEFICIENCIES IN THE QUALITY OF WORK PERFORMED

 

8.1 If Client receive deficiencies in the quality of work performed, he should notify Contractor immediately. Service payment can be refunded or order can be exchanged/repeated for similar service. Enquiries for deficiencies could be reviewed within 1 month from Clients application sent by email.

 

8.2 Deficiency in the quality of work performed, namely production of ordered Model, is the item which has lost its function. Difference in design elements, color shades of materials from website descriptions and images are not considered as defects.

 

8.3 Items appearance and Order completeness must be checked by Receiver at the moment of delivery. Client’s signature on delivery invoice means absence of claims to completeness, quantity and quality of Order. 


 

9. REFUND

 

9.1 Refunds are made within 10 days from the date of Client’s written claim and return of Item to Contractor. Duration for funds enrolment depends on bank terms established by its internal regulations.

 

9.2 Refund of proper quality Item is made with deduction of delivery from Contractor to Client. 

In case of presence of Item exploitation Contractor has the right to refuse for refund.

 

9.3 If the work quality is considered to be with deficiency, a full refund including shipping costs will be made.

Client must provide original e-receipt, or any other document that indicates return cost of delivery of defective Item.

 

9.4 Contractor does not offer cash refunds. Refund is made only to bank card from which payment was made. Client agrees, upon Bank request, to provide additional information for completing refund.

 

9.5 Refund is made only in Russian Rubles. Additional charges can be debited by payment system due to currency conversion.


 

10. PRIVACY

 

10.1 When Client agrees to these Website Terms he shall be deemed also to have read, understood and agreed to Contractor’s separate Privacy Policy in its entirety. Client’s personal information is used and governed only in accordance with Dreamlandstore Privacy Policy.

 

10.2 Contractor will never ask for personal payment details via email. If Client receive an unsolicited email asking for payment details or any other personal details, Client must contact Contractor immediately.

 

10.3 Client must be knowledgeable about separate Dreamlandstore’s Privacy Policy which can be found at www.nellievkim.com/privacypolicy


 

11. RIGHTS AND OBLIGATIONS

 

11.1 Contractor can:

11.1.1 Ask for full payment for provided services.

 

11.1.2 Do work on its own or involve third parties in order to perform the Agreement (for instance, delivery service).

 

11.1.3 Ask Client any necessary information in order to perform its obligations for this Agreement. In case Client fails to provide or provide incomplete or incorrect information, Contractor has the right to postpone performance of his obligations under this Agreement until necessary information is provided. 

 

11.1.4 Postpone service upon advance notification, including messages by e-mail WhatsApp or Instagram Direct and in agreement with Client.

 

11.1.5 Postpone delivery of Item until full payment is received.

 

11.1.6 Terminate the Agreement in case Client repeatedly violates Terms of Payment under current Terms & Conditions of Service.

 

11.1.7 Terminate the Agreement if Client does not provide all necessary information for implementation of this Agreement.

 

11.1.8 Dispose with the result of performed work (or ordered items) at its discretion if Client does not come to collect it within 30 days from the date of completion of works.

 

11.1.9 Terminate the Agreement in case of full compensation of losses to Client.

 

11.2 Contractor undertakes to:

11.2.1 Perform services in full to Client as described in this Agreement

 

11.2.2 Provide by request within the time terms specified in such request, information about the progress of performed works ordered under this Agreement. 

 

11.2.3 Fully perform its obligations under other articles of this Agreement. 

 

11.3 Client undertakes to:

11.3.1 To pay in full for services, to meet payment deadlines within the terms provided for in section 4 of the Agreement, and to submit at the request of the Contractor documents confirming payment for information services.

 

11.3.2 Perform in full its obligations under other articles of this Agreement.

 

11.3.3 Not to pass information received from Contractor related to the provision of Services to third parties and not to use it in any other way that contributes to damage personal interests of Contractor.

 

11.4 Client can:

11.4.1 Receive services from Contractor specified in article 1.2 of this Agreement. 

 

11.4.2 Ask Contractor to produce a toile (draft version) of the chosen design (before real production of a Model from the final material) if no ready sample of such model is available.

 

11.4.3 Receive from Contractor full information about all issues related to the provision of Services in the form of e-mails or WhatsApp or Instagram Direct).

 

11.4.4 Refuse from the services any time before Items delivery and pay Contractor part of the payment established by this Agreement in proportion to the performed work by Contractor, and reimburse Contractor any losses caused by termination of the Agreement.


 

12. LIABILITY

 

12.1. In no case whatsoever will Contractor assume any liability for indirect damages such as loss of profit

or in case of force majeure such as war, civil war, revolution, riot, governmental measures, strike, lockout, blockage, failure of electricity, telephone or internet service, natural disasters or similar events.

Contractor’s liabilities to Client will never exceed Client’s total purchase amount for each Order. In case of force majeure, Contractor’s obligations will be suspended. The contract between Client and Contractor can, in such cases, be partially or fully terminated by Client or by Contractor.

 

12.2. Contractor is not responsible for any damages due to inaction of the third parties.

 

12.3 Client may purchase services on Website for personal use only and not for resale. By placing an Order on Website, Client certifies that he is purchasing services for his own personal use and not for resale and that he accepts this Terms and Conditions. 

 

12.4 Client’s use of any information or materials on Website is entirely at his risk, for which Contractor shall not be liable. It shall be Client’s own responsibility to ensure that any items, services or information available through this Website meet Client’s specific requirements.

 

12.5 Client must follow any advice provided by Contractor to keep supplied Items safe (including care instructions or models manuals provided with the Items). Contractor cannot accept liability for damage to Items Contractor has supplied which is caused by Client’s failure to follow Contractor’s advice. Examples of matters that Contractor will not accept liability for include any items affected by other than hand washing, washing with detergents not suitable for silk/wool, general wear and tear, traces of makeup, moisturisers, lotions or biofluids.

 

12.6 If Client's delivery address is outside Russian Federation, Client may have to pay import duties and taxes, which are levied once a shipment reaches country.

 

12.7 Website may contain links to other websites beyond Contractor’s reach. These links are provided for Client’s convenience to provide further information. Contractor cannot be held liable for content or privacy policies of such sites.

 

12.8 Contractor cannot promise that the content of the Website is free of inaccuracies or typographical errors. Although Contractor strives to display correct texts, images and pricing on the site, errors may occur. Client acknowledges that such information and materials may contain inaccuracies and Contractor expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.

 

Part of the services provided through the Website are maintained by third party operators. Hence Contractor cannot be held responsible for any errors resulting from their activities.

 

Contractor cannot be held responsible for any damage caused from using the Website or, for that matter, not being able to use the Website. Contractor cannot guarantee problem-free, uninterrupted, and secure access to the Site.


 

13. MISCELLANEOUS

 

13.1 Client’s use of this Website and any dispute arising out of such use of the Website is subject to the Law of Russia.

 

13.2 Contractor reserves the right, at Contractor’s sole discretion, to update, change or replace any part of these

Terms & Conditions by posting updates and changes to Dreamlandstore website. Client is expected to check this

page from time to time to take notice of any changes Contractor makes, as they are legally binding on the Client. 

 

13.3 Most communications between Contractor and Client will be sent and received electronically. Client agrees that all agreements, notices, disclosures and other electronic communication exchanged between Client and Contractor shall satisfy any legal requirements that such communications be in writing.

 

13.4 The latest copy of this document is permanently posted in the Internet at:

https://www.nellievkim.com/termsandconditions

 

13.5 For all other queries please contact studio@nellievkim.com

 

13.6 The latest update of the Terms and Conditions of Nellie v Kim Dreamlandstore was made in August 2020. If there is any conflict, ambiguity, or discrepancy between the English version and Russian version or any version in another language, the Russian version shall always prevail.

Russian version is permanently posted in the Internet at:

https://www.nellievkim.com/termsandconditions?lang=ru


 

14. DURATION OF THE CONTRACT

 

14.1  This contract is valid until fulfilment of obligations.

 

14.2 Any changes and additions to the Agreement are valid if they are made in writing form through e-mail or other similar communication channels (WhatsApp, Instagram Direct).





 

COMPANY INFORMATION:

 

INDIVIDUAL ENTREPRENEUR KIM NELLI VLADIMIROVNA

 

ITN 774328007706

PSRNSP 318774600671150

Account No 40802810738000120065
PAO SBERBANK
Correspondent Account 30101810400000000225
BIC 044525225


studio@nellievkim.com
www.nellievkim.com




 

© Nellie v Kim, All rights reserved

© 2020, Nellie v Kim