We are committed to make your shopping experience as fuss-free and enjoyable as much as possible. These terms and conditions (the "T&Cs") apply to www.nellystella.com (the "Site") and form the terms and conditions on which we supply products and services to you. Please read through the T&Cs prior to using the Site. Your use of the Site indicates that you have acknowledged, understood, and agree to adhere to the T&Cs.
We are NELLY CHEN INC. (“Nellystella”, “we”, “our” or “us”), a company registered in Taiwan. Our company registration number is 24321328. You can write to us at firstname.lastname@example.org.
This website is owned and operated by NELLY CHEN INC.
We use either the term "Visitors", "You" or “Your” to refer to anyone who access our Website at any point for any amount of time.
“Goods”, “Pieces” and “Products” means any items which we sell to you and which you buy from us in accordance with these Terms and Conditions.
“Business days” refer to any day(s) during which banks are generally open for business in Taiwan and Singapore.
“Website” and “Site” means www.nellystella.com, any additions, changes or extensions to the website, and any mobile applications based on the website or its contents, therein.
ACCESSING AND USING THE SITE
As a condition of your access to and/or use of the Site, you warrant that:-
- all information supplied by you on the Site is accurate, current and complete;
- you are 18 years of age or older in order to access and/or use the Site; and
- you will not copy or distribute any part of the Site in any medium without Nellystella's prior written authorization.
You shall be solely responsible for your access to and/or use of the Site and its materials herein. Where you create a user account and password, you must treat such information as confidential, and you must not disclose it to any third party. We reserve the right to disable any user account at any time, if in our opinion you have failed to comply with any of the provisions of these T&Cs.
PRODUCTS / DEFECTS
All the delicate details such as smocking, hand embroideries, tassels and poms poms are handcrafted. Please do understand that naturally, every piece will be unique with slight variations. Our fabrics are hand dyed thus there may be colour variations for different fabric batches.
The images and descriptions of our pieces are for your reference only. We strive to ensure that the images displayed are as precise as possible in terms of colours and designs. However, do kindly understand that the actual colours you perceive depends on the resolution of your devices and may not show the exact same colours seen in our images.
While we try our very best to maintain good quality of our pieces, we are unable to provide warranty on fit, condition and quality of our products and cannot guarantee they are a 100% representation of the products you choose to order.
Items with slight imperfections (loose thread, slight dotted stains etc) which do not affect the overall appearance of the item will not be considered a defect.
Risk of loss and ownership for Nellystella eGift Card is passed to the purchaser upon sale. Nellystella will not be responsible for lost or stolen eGift Cards or if your eGift Card is used without your consent. eGift Cards will not be replaced if lost or stolen.
Please do not share gift card details to someone you do not trust and safeguard your eGift card like cash.
Nellystella eGift Card can only be redeemed on Nellystella website and cannot be used in our stockists stores or website. Please be aware for scams as it is important to know that any genuine transaction or sale will not demand payment specifically using a Nellystella eGift Card.
When you buy or use a Nellystella eGift Card, you confirm to Nellystella that the intended activities related to the eGift Card will adhere to our Terms and all relevant laws, rules, and regulations. You also assure that the eGift Card will not be employed in any way that is misleading, deceptive, unfair, or detrimental to consumers or Nellystella. Furthermore, you agree to defend and indemnify Nellystella against any claims, expenses, or liabilities arising from your use of the eGift Card or any violation of our Terms and Conditions.
ORDER PLACEMENT & CONFIRMATION
Upon submitting your order, you will receive an automated Order Confirmation email and a Shipping Confirmation email which include tracking information once your order has been shipped. Do make sure that you enter the correct email in order to receive these important emails. You can also check the order status under “Order History” when logged into your account. Kindly note that all orders are firm once submitted and cannot be cancelled. Nellystella reserves the right to refuse an order for any reasons.
We accept payments methods as follows:
Once your payment is received by us, we will proceed to dispatch the Goods to you. We will not be liable should there be any delays in dispatch of Goods due to your card issuer’s delay in authorization, or denial to authorize payment on your credit card or debit card.
Our website is hosted on Shopify Inc. thus your data will be stored in Shopify servers in which Shopify maintain various procedures to safeguard all personal information. Shopify adheres to Payment Card Industry Data Security Standards (PCI-DSS) which helps protect the safety of cardholder data.
We offer complimentary delivery for orders above US$ 300.
We deliver worldwide and we ship direct from our warehouse in Taiwan using DHL. Kindly note there are applicable shipping fees as follows, depending on your location.
Standard USA & Europe delivery: US$ 30
Standard Asia delivery: US$ 25
Standard Middle East delivery: US$ 50
Rest of the world delivery: US$ 50
You will be able to track your Goods using the tracking number provided in our Shipping Confirmation email.
The estimated delivery time will be within 7 – 14 working days. In the event if you have not received the Goods, please contact your local DHL office for precise status of the parcel location.
Once the order is dispatched, we are not able to change the delivery address. Please ensure that you provide us the correct details such as delivery address, e-mail address and phone number.
Occasionally, during sales period or festive seasons, our shipments may be delayed. We will inform you accordingly.
Please reach out to us at email@example.com for your shipping questions and we will do our best to assist you.
RETURNS & EXCHANGES
Currently, we are unable to provide returns & size exchanges for our Pieces.
We are more than happy to provide you the measurement chart of your selected styles for your reference. We hope this will help you decide on the best size to purchase.
We try our utmost best to ensure you receive our beloved Pieces in good condition.
Variations in measurement are not considered a defect as long as they are within one (1) inches. In the unlikely event if you receive an incorrect or defective piece, we will arrange an exchange for a new piece. Please inform us at firstname.lastname@example.org within 5 working days and kindly provide us the following for verification purposes:-
- Picture of the incorrect item/ area of defect
- Order Reference number
Kindly note that we are unable to accept exchanges for incorrect/ defective pieces if we are not informed within the time range given. Please ensure that the incorrect piece is in its original condition with all tags intact, unworn, unwashed, unscented, unaltered and not damaged in any way. Nellystella reserves the right to reject any exchange requests for pieces that did not meet the criteria stated.
We thank you for your understanding.
DUTY & TAXES
Items in your order that are designated for shipment to countries outside of Taiwan may be subjected to taxes, customs duties and fees levied by the destination country ("Import Fees"). The recipient of the shipment is the importer of record in the destination country and is responsible for all Import Fees.
In the case of gifts or other purchases made on behalf of another recipient, you also agree to grant the foregoing authorizations on behalf of the recipient designated in your order.
For those in the US, you will most likely be exempted on duty and taxes if your total purchase value does not exceed US$800. You may contact DHL to confirm details regarding the Actual Import Fees, or to obtain documentation or receipts in connection with customs clearance.
If you refuse a shipment from Nellystella, you are responsible for the original shipping charges, any Import Fees that are incurred on the package, and the cost of returning the package to Nellystella. This amount will be deducted from your merchandise refund.
All prices of our Products are in United States Dollar (USD) and not inclusive of shipping costs, taxes and duties. We are not liable for any exchange rates or commission rates that you may be charged by your credit card company or payment provider thus please check with them on their exchange rates.
PROMOTIONS & DISCOUNTS
From time to time, we will be offering promotional discount codes for purchases made through our Website. The conditions for using these discount codes will be stated at the time of issue. All terms and conditions related to promotions/ discounts are not negotiable and there is no cash alternatives. Promotional activities may be informed through emails, advertisements, on-site banners or 3rd party communications.
Promotional discounts are only applied to full price products (it does not include sale and clearance items). The discount codes cannot be used together with any other offer. These codes are applicable for one transaction per person and cannot be used on multiple accounts. These codes also cannot be applied to previous orders.
If you have a discount code, please ensure to input the code before checking out for discount to be valid. You will not be able to apply the discount code after the order is placed. No refunds will be made for orders where discount codes are not entered at point of purchase. Discount codes may or may not come with an expiry date and are strictly non-extensible. This will be informed accordingly. Orders placed using discount codes are not applicable for exchange and returns.
Nellystella reserves the right to cancel or change any promotions / discounts without notice, at any time. We will not be liable for situations arising from the customer’s inappropriate usage of, or inability to utilize a discount or promotion code or offer.
INTELLECTUAL PROPERTY RIGHTS
Our Website is for your own use and non-commercial use only. Nellystella is the owner or the licensee of all intellectual property rights in and to the content of our Website, and in the material published in it. You may not copy, reproduce, modify, republish, upload, post, transmit, adapt, download, distribute or howsoever deal with any content or material from the Website in any form or by any means without Nellystella’s prior written permission, and you are solely responsible for obtaining such permission before dealing with any content or material that is available on the Website.
All products sold on www.nellystella.com cannot be resold in the open market for commercial purposes without consent from Nellystella.
You agree that we may duplicate, edit, publish and share your submissions of pictures and videos which can come to us through email, phone messages, social media or postal mail. We sincerely thank you for your kind input. Please note that we are not obliged to compensate for the submissions.
LIMITATION OF LIABILITY
You hereby acknowledge and agree that Nellystella shall not be responsible for and hereby disclaims all liability for any loss, liability, damage (whether direct, indirect or consequential), personal injury or expense of any nature whatsoever which may be suffered by you or any third party (including your company), as a result of or which may be attributable, directly or indirectly, to your access and use of the Website, any information contained on the Website, your or your company's personal information or material and information transmitted over our system.
You acknowledge and agree that we will not be liable for loss or damage caused by any mishandling or misuse of the Goods after they are received.
We reserve the right to withdraw or amend the service we provide on our Website, or close it indefinitely. We will not be liable if, for any reason, our website is unavailable at any time or for any period. From time to time, we may restrict some parts, or all, of our website.
We endeavour to ensure that the information or content such as any graphics, photographs, including all image rights, sounds, music, video, audio or text on our Website is as accurate as possible and up to date. However, we do not give any warranty as to its accuracy and we will not be responsible for any errors or omissions or for the results arising from the use of such information.
Without in any way limiting any of the other provision, limitations or disclaimers in these Terms and Conditions, you acknowledge and agree that we will not be liable for any loss or damage caused by us or our employees or agents in circumstances where:
- loss or damage was not foreseeable to both parties when these Terms and Conditions were entered; or
- loss or damage was not caused by any breach on our part; or
- loss or damage relates to business and/or non-consumers.
You agree to indemnify and hold us and our parent company, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claims or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of these Terms and Conditions or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
THIRD PARTY RIGHTS
Unless expressly provided to the contrary in these Terms and Conditions, a person who is not a party to these Terms and Conditions has no right to enforce or to enjoy the benefit of any term of these Terms and Conditions, even if that person has relied on any such term or has indicated to any party to these Terms and Conditions its assent to any such term.
These Terms and Conditions and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of Taiwan.
If there are any disputes, controversies or conflicts arising from this Terms and Conditions, the relevant parties shall attempt to resolve such dispute by good faith discussions for a period of thirty (30) days from the date of such dispute. In the event that any such dispute cannot be resolved through such discussion within the said thirty (30) day period, such dispute shall then be settled by arbitration in accordance with this clause.
If you breach these Terms and Conditions and we take no action, we will still be entitled to enforce our rights and claim the relevant remedies in relation to such a breach or any other situation where you breach these Terms and Conditions unless we specifically waive any right or remedy in writing.
USE OF OUR WEBSITE FROM OUTSIDE TAIWAN
Except where otherwise specified on this Website, the materials on this Website are displayed solely for the purposes of promoting Nellystella Products and services available in Taiwan. However, we may accept orders for delivery to locations outside of Taiwan subject to customs, legal, regulatory and certain practical restrictions. Those who choose to access this Website from locations outside Taiwan or place orders for delivery to locations outside Taiwan are responsible for compliance with local laws if and to the extent local laws are applicable. Nellystella and its agents accept no responsibility or liability for the customer’s compliance or lack thereof with such local laws outside of Taiwan in conjunction with your use of the Website.
These Terms and Conditions sets forth the entire agreement and understanding of parties with respect to the subject matter contained herein and supersedes all prior discussions, agreements, communications, representations and understanding, whether written or oral, relating to the subject matter herein save as unless expressly set out in this Terms and Conditions.
If any part of the Terms of Service is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms of Service will not be affected, all other clauses remaining in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause /sub-clause as is permitted by law.
We will continue to develop our Website and we may update our Terms & Conditions from time to time without notice to you. Your continued use of our Website following any changes constitutes acceptance of those changes. You can refer the latest Terms & Conditions at any time on this page.