Términos del servicio
Terms and Conditions
The user agrees to eyemoody.com's web terms and conditions and the user hereby agrees to be subject to the same. we provide services to the user subject to the notices, terms and conditions set forth in this agreement (the "agreement").
- USE OF SITE:
subject to the terms and conditions of this agreement, eyemoody.com hereby grants you a limited, revocable, non-transferable and non-exclusive license to access and use the site by displaying it on your internet browser only for the purpose of shopping for personal items sold on the site and not for any commercial use or use on behalf of any third party, except as explicitly permitted by eyemoody.com in advance. any breach of this agreement shall result in the immediate revocation of the license granted in this paragraph without notice to you.
except as permitted in the paragraph above, 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 eyemoody.com in writing. you may not make any commercial use of any of the information provided on the site or make any use of the site for the benefit of another business unless explicitly permitted by eyemoody.com in advance. eyemoody.com reserves the right to refuse service, terminate accounts, and/or cancel orders in its discretion, including, without limitation, if eyemoody.com believes that customer conduct violates applicable law or is harmful to eyemoody.com 's 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 u.s. or international law; or (c) includes any bugs, viruses, worms, trap doors, trojan horses or other harmful code or properties. eyemoody.com may assign you 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, and eyemoody.com has no obligation to investigate the authorization or source of any such access or use of the site.
you will be solely responsible for all access to and use of this site by anyone using the password and identification originally 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 eyemoody.com of any unauthorized use of your password or identification or any other breach or threatened breach of this site's security.
- REVIEWS AND COMMENTS
except as otherwise provided elsewhere in this agreement or on the site, anything that you submit or post to the site and/or provide eyemoody.com , including, without limitation, ideas, know-how, techniques, questions, reviews, comments, and suggestions (collectively, "submissions") is and will be treated as non-confidential and nonproprietary, and by submitting or posting, you agree to irrevocably license the entry and all ip rights related thereto (excluding the moral rights such as authorship right) to eyemoody.com without charge and eyemoody.com shall have the royalty-free, worldwide, perpetual, irrevocable, and transferable right to use, copy, distribute, display, publish, perform, sell, lease, transmit, adapt, create derivative works from such submissions by any means and in any form, and to translate, modify, reverse-engineer, disassemble, or decompile such submissions. all submissions shall automatically become the sole and exclusive property of eyemoody.com and shall not be returned to you and you agree not to raise any dispute in connection with any use of the entry by eyemoody.com in the future.
you warrant that your submissions, in whole or in part, are clear and free of any ip right infringement, disputes or third party claims. eyemoody.com assumes no liability for any misuse of copyright or any other rights of third parties by you. you undertake to defense for and indemnify the sponsor against any losses caused due to the use of the entries for any purposes.
in addition to the rights applicable to any submission, when you post comments or reviews to the site, you also grant eyemoody.com the right to use the name that you submit with any review, comment, or other content, if any, in connection with such review, comment, or other content. you represent and warrant that you own or otherwise control all of the rights to the reviews, comments, and other content that you post on this site and that use of your reviews, comments, or other content by eyemoody.com will not infringe upon or violate the rights of any third party. you shall not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead eyemoody.com or third parties as to the origin of any submissions or content. eyemoody.com may, but shall not be obligated to remove or edit any submissions (including comments or reviews) for any reason.
all text, graphics, photographs or other images, button icons, audio clips, logos, slogans, trade names or word software and other contents on the website of eyemoody.com (collectively, "content"), belongs exclusively to eyemoody.com or its appropriate content suppliers. you may not use, reproduce, copy, modify, transmit, display, publish, sell, license, publicly perform, distribute or commercially exploit any of the content or otherwise dispose of any of the content in a way not permitted by eyemoody.com , without eyemoody.com's express prior written consent. the use of data mining, robots, or similar data gathering and extraction tools on eyemoody.com as well as the use of eyemoody.com trademarks or service marks in meta-tags is strictly prohibited. you may view and use the content only for your personal information and for shopping and ordering on the site and for no other purpose. the collection, arrangement, and assembly of all content on this site (the "compilation") belong exclusively to eyemoody.com. you may not use eyemoody.com's content or compilation in any manner that disparages or discredits eyemoody.com or in any way that is likely to cause confusion or violation of any applicable laws or regulations. all software used on this site (the "software") is the property of eyemoody.com and/or its software suppliers. the content, the compilation and the software are all protected under state, national and international copyright laws. all rights not expressly granted are reserved by eyemoody.com. violators will be prosecuted to the full extent of the law.
eyemoody.com recognizes and respects all copyrights and trademarks. as such, any usage of television, motion picture, music, film festival or other names or titles have no connection to eyemoody.com and are the sole property of the copyright or trademark holders. our dresses are inspired by celebrity style and are our recreations of item's worn by the celebrities on your favorite television shows and the red carpet, however they are not authorized, endorsed by, or connected to these shows in any way and are not meant as infringements of any registered trademarks or copyrights.
- DISCLAIMER AND LIMITATION OF LIABILITY
except as otherwise provided in the standard terms of sale that govern the same of each product on this site, this site, the products offered for sale on it and the transactions conducted through it are provided by eyemoody.com on an "as is" basis. eyemoody.com makes no presentations or warranties of any kind, express or implied, as to the operation of the site or the information, content, materials, or products included on this site except as provided here to the full extent permissible by applicable law, eyemoody.com disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose, noninfringement, title, quiet enjoyment, data accuracy, and system integration. this site may include inaccuracies, mistakes or typographical errors. eyemoody.com does not warrant that the content will be uniterrupted or error free. to the maximum extent permitted by law, eyemoody.com will not be liable for any damages of any kind arising from the use of this site, including, but not limited to,indirect incidental, punitive, exemplary, special, or consequential damages. to the maximum extent permitted by applicable law, eyemoody.com's total liability to you for any damages (regardless of the foundation for the action) shall not exceed in the aggregate the amount of fees actually paid by you to eyemoody.com during the month immediately preceding the act allegedly giving rise to eyemoody.com's liability.
eyemoody and/or the seller will act in accordance with the warranty as provided by the platform when and only when damage is in connection with the merchandize and has valid and confirmed manufacturing defects. eyemoody and/or the seller will not be held liable for any damages resulting from customers improper use, personal negligence, and/or other reasons that do not attribute to item defects.
- MEMBER ACCOUNT
for safety and security, each customer is allowed to create only one registered account by default. for customers who attempt to create several accounts, eyemoody reserves the right to suspend accounts without further notice.
in accordance with customs regulations customers must provide valid and accurate data . all consignee names, address and payers name should be valid. certain countries request that the consignee submit their id or passport to clear the package or for payment verification purposes. it is the customers sole responsible for the accuracy of data that they provide to us. should any information be incorrect and prevent any shipment or deliveries or customs clearance, we will not held responsible and will not offer any compensation in such cases.
- ORDER ACCEPTANCE
please note that there may be certain orders that we are unable to accept and must cancel. eyemoody.com reserves the right, at sole discretion, to refuse or cancel any order for any reason. some situations that may result in your order being canceled include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or problems identified by our credit and fraud avoidance department. we may also require additional verifications or information before accepting any order. we will contact you if all or any portion of your order is canceled or if additional information is required to accept your order.
both parties agree that, following order dispatch, transportation is the sole responsibility of the third-party logistics company. during this stage, full ownership of the product(s) belongs to the buyer; all associated liability and risks during transportation shall be borne by the buyer.
eyemoody is not responsible for late deliveries for special occasions, such as birthdays, or other events. we encourage customers to place their order in advance to ensure there is enough time to receive their item.
we have informed our customers of the peak christmas season in advance via banners and newsletters, and offered suggestions for the final order date and shipping methods for this period. we can therefore not be held responsible if an item does not arrive in time for christmas.
all orders reported as "delivered" by shipping companies are considered delivered. eyemoody cannot be made liable of non-delivery in this case.
- ORDER CANCELATION
kindly note that due to shipping restrictions, only paid, processing and partially shipped orders can be edited.
all other orders and order information cannot be canceled or modified.
if you would like to cancel a packed or shipped order, please email us at firstname.lastname@example.org as soon as possible. our agents will do their best to assist you.
in the rare event that an order cannot be canceled and is shipped out, kindly accept the goods and our warranty will become effective.
- ORDER SHIPMENTS
eyemoody ships from different global warehouses to nearly every country worldwide. we partner with well know international shipping companies to ensure your package arrives to your door safely and within the estimated timeframe. we also offer free flat rate shipping on all our products to most destinations. therefore, any and all customs or import duties are charged once the parcel reaches its destination country. if any, these charges must be paid by the buyer. should the buyer refuse the package due to import duties or taxes, the buyer takes full liability for all the cost involved in the process
unfortunately, we cannot estimate what the charges may be since customs and taxation policies vary widely from country to country. for further details, please contact your local customs office or visit their official website. in some cases, customs clearance procedures are necessary which may affect our original delivery estimation time.
in accordance with customs regulations, please note that eyemoody cannot list purchased items as a gift or indicate an amount lower than the actual product price.
- CUSTOMER CODE OF CONDUCT
eyemoody aims to solve every single customers issue to their satisfaction. however, we will not tolerate any unacceptable or unreasonable behavior towards our customer service team members.
unacceptable behavior directed towards customer service staff or eyemoody may, for example, include any of the following:
-aggressive, abusive and threatening behavior. examples include: any and all direct or implied threats on any communication channel; intimidating language; personal and verbal abuse; sexist, racist, homophobic, or derogatory remarks; rudeness; inflammatory statements; swearing; and unsubstantiated allegations.
-persistently making habitually demanding or vexatious complaints, despite the matter having been fully addressed; similarly, repeating complaints persisting despite reasonable and fair solutions being offered in accordance with our policies.
-asking, expecting or demanding staff to breach established company policy guidelines, e.g. refund amount, time-frame, special compensation, etc.; similarly, seeking an unrealistic outcome beyond the scope of our own policies and procedures. by default, the refund amount cannot exceed the original order amount paid to eyemoody.
-repeatedly changing the nature (or focus) of a complaint or the desired outcome, part way, after a formal response has been provided.
-excessive number of complaints compared to the total purchase value history.
for such behavior, complainants may be advised and formally notified of the following:
-their language is considered offensive, abusive, threatening, and wholly unacceptable.
-they must refrain from using such language, intimidation, and threats.
-there will be no further exchange of correspondence on the matter if they persist with this behavior.
-eyemoody reserves the right to no longer accept orders from the customer in the future without further notice.
- GIFT CARD TERMS AND CONDITIONS
GIFT CARD TERMS AND CONDITIONS
You / your means only the person who has purchased the Gift Card from us or in selected stores. If you nominate another person to receive and use your Gift Card, you are authorising that person to use your Gift Card and any balance on your Gift Card.
Gift Cards are not cheque guarantee, credit, charge cards, e-money or regulated payment instruments. Please note that Gift Cards are not regulated as payment instruments under the Payment Services Regulations 2017 and amounts on them are not electronic money under the Electronic Money Regulations 2011. Accordingly, rights and protections under those regulations do not apply and the Financial Conduct Authority does not supervise this service or the Gift Cards.
PURCHASING AN E-GIFT CARD
E-gift cards may be purchased and activated for a minimum value of $100 and a maximum value of $500. E-gift cards are only available in USD. Payment for e-gift cards is accepted by debit card, credit card and PayPal. You cannot purchase an e-gift card using another Gift Card.
E-GIFT CARD DELIVERY
Once your e-gift card order has been approved by us and your payment to us has cleared for the full purchase value of your e-gift card, your e-gift card will be delivered to the email address you nominate for delivery when completing your order or send us the recipient's email address via email@example.com. The email address you nominate for delivery should be yours or the person you have nominated to receive and use your e-gift card.
Eyemoody do not accept responsibility for any losses resulting from any e-gift card being delivered to an incorrect email address due to errors made by you within your order. You must therefore take extra care when entering details in your order.
REDEEMING A GIFT CARD
To use any amount on your Gift Card, please click the link to learn how to use: https://www.eyemoody.com/gift-card
If the entire amount on your Gift Card has not been spent, the remaining balance will be updated after every transaction and will remain on your Gift Card to use until expiry.
Your Gift Card cannot be used alongside other payment methods and the total amount cannot exceed the gift card balance. This is currently unavailable as a payment method on the eyemoody app.
Your Gift Card is valid for 12 months from the day of activation. The day of activation is the date of the e-gift card is actually delivered to your nominated email address.
Your Gift Card cannot be redeemed or used once it has expired.
Your e-gift card balance can be checked by the link: https://www.eyemoody.com/gift-card
RETURNING ITEMS PURCHASED WITH AN E-GIFT CARD
If you or the person you have nominated to receive and use your Gift Card have purchased items with a Gift Card, but then subsequently return the items and are entitled to a refund for them in accordance with our general website Terms and Conditions, any money owing by us for the refund will be added to the remaining balance on the Gift Card (for any purchase amount originally taken from your Gift Card).
DELETED, STOLEN OR USED GIFT CARDS
Eyemoody shall not be responsible if a Gift Card is deleted, lost, stolen, or used (as applicable) without permission. We reserve the right to refuse to accept a Gift Card which we deem to have been duplicated, tampered with, or otherwise suspect has been affected by fraud.
We cannot be held responsible for e-gift cards that cannot be delivered due to the recipient’s spam filters, firewalls, capacity of the mailbox, and any other factors outside our control.
Eyemoody is unable to replace Gift Card(s) if stolen.
CANCELLATION OF YOUR E-GIFT CARD
You have the right to cancel your e-gift card within 14 days of your order being placed at your nominated email address for delivery provided that you give Eyemoody formal written notice of your intention to cancel by contacting our customer services team at: firstname.lastname@example.org, and provided that you have not used the funds on your e-gift card. If you decide to exercise your cancellation right, Eyemoody will refund the amount of your e-gift card to the original payment method used to purchase the e-gift card within 30 days of our customer services team receiving your written notice of cancellation.
Gift Cards and their balance cannot be returned or refunded, in whole or in part, except in accordance with your statutory legal rights. Gift Cards and their balance cannot be resold, exchanged for cash or transferred for any value by you or anyone else other than for purchasing items from eyemoody.com only.
We reserve the right to cancel any order for your e-gift card and refund any monies you have paid to us if we discover any pricing or other errors in relation to the order prior to the time of dispatch. We will contact you in these circumstances and will give you the opportunity to place a new order. Your refund will be processed within 7 working days.
We reserve the right to terminate your order for your e-gift card, if we believe you have breached any of these Terms and Conditions or if we suspect fraudulent activity. We also reserve the right to terminate any order made using any balance on your Gift Card, if we believe you (or the person placing the order) have breached any of these Terms and Conditions or if we suspect fraudulent activity. If we terminate your order we will refund the sums you have paid to us within 7 working days, less any costs directly incurred by us as a consequence of your breach of these Terms and Conditions.
We reserve the right to change or add to these Terms and Conditions for security, legal or regulatory requirements. We will give you at least one month’s notice of any such changes or additions.
If you require further information about our Terms and Condition, or your use of your Gift Card, please contact a member of our customer services team at: email@example.com
- EYEMOODY COMPLAINT ESCALATION PROCESS
this process applies strictly to customer service issues. for separate legal issues such as copyright, please refer to our legal window here:
if the customer is dissatisfied with the solution offered by our customer service, the customer may contact our customer service supervisor by submitting a new ticket in "submit a formal complaint" section as follows:
email us at firstname.lastname@example.org
we respond to all complaints within 24 hours except on weekends and public holidays.
- TYPOGRAPHICAL ERRORS
while eyemoody.com strives to provide accurate product and pricing information, pricing or typographical errors may occur. eyemoody.com cannot confirm the price of an item until after you order. in the event that an item is listed at an incorrect price or with incorrect information due to an error in pricing or product information, eyemoody.com shall have the right, at our sole discretion, to refuse or cancel any orders placed for that item. in the event that an item is mis-priced, eyemoody.com may, at our discretion, either contact you for instructions or cancel your order and notify you of such cancellation.
- PRICING IN DIFFERENT CURRENCIES
pricing of products sold by eyemoody.com is based upon figures calculated in u.s. dollars (us$). prices displayed in other currencies are converted from u.s. dollars according to the most up to date conversion rates. due to fluctuating currency values, prices displayed in non-u.s. denominations of currency on the site, other than on the individual product page, may not be the most current. areas of the site where non-u.s. denominations of currency might be inaccurate include, but are not limited to, promotional banners, promotional pages, and information on product category pages. the price displayed on an individual product page, regardless of currency denomination, is the current price you are liable to pay to eyemoody.com, excluding shipping.
eyemoody has no knowledge of, and is not responsible for, any additional bank charges or exchange rate fees that are charge by the issuing bank or a third party payment provider. these fees are solely the customers responsibility and will not be reimbursed by eyemoody.
- GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of HongKong.
this site may contain links to other sites on the internet that are owned and operated by third parties. you acknowledge that eyemoody.com is not responsible for the operation of or content located on or through any such site.
you agree that eyemoody.com's remedy at law for any actual or threatened breach of this agreement would be inadequate and that eyemoody.com shall be entitled to specific performance or injunctive relief, or both, in addition to any damages that eyemoody.com may be legally entitled to recover, together with reasonable expenses of any form of dispute resolution, including, without limitation, attorneys' fees.
no right or remedy of eyemoody.com shall be exclusive of any other, whether at law or in equity, including, without limitation, damages injunctive relief, attorneys' fees and expenses.
no instance of waiver by eyemoody.com of its rights or remedies under these terms and conditions shall imply any obligation to grant any similar, future or other waiver.
default subscription to newsletter for registered users.
eyemoody can ship from different warehouses. for orders more than one item, we may split your order into several packages according to stock levels at our own discretion.thank you for your understanding.
customers are strongly advised to purchase the shipping insurance during the checkout for a smooth delivery.
we ship all orders in good faith and eyemoody will not be held responsible for any orders that not are not insured.
whatever the customer orders is what we ship. we can not be held liable for the customer receiving the wrong item if they placed the wrong order.
if a delivery fails for any reason and the address sent to was the correct address as provided by the customer, eyemoody cannot be held liable if a package is returned to us.
in the event you choose to pay with credit card and the payment will be processed via a european acquirer, these terms are an agreement between you and our company. for any other type of purchases, these terms are an agreement between you and eyemoody and goods and/or services will be delivered by eyemoody directly.
please report any missing package complaints to our support center as soon as possible. after 3 months from the shipment date, 4 months for latin america postal deliveries, any deliveries with flat rate shipping, standard shipping and priority shipping, will no longer be accepted for any compensation. expedited delivery complaints must also be reported within 3 months from the package being shipped out. kindly note that this is not applicable to expedited shipping cases where the shipping company's website shows the item as delivered.