TERMS AND CONDITIONS FOR THE ONLINE AND IN-PERSON SALES OF GOODS AND SERVICES
THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY. THESE TERMS REQUIRE THE USE OF ARBITRATION TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS. BY PLACING AN ORDER FOR PRODUCTS OR SERVICES THROUGH THIS WEBSITE OR OUR REPRESENTATIVE, YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS.
YOU MAY NOT ORDER OR OBTAIN PRODUCTS OR SERVICES IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT THE OLDER OF (i) AT LEAST 18 YEARS OF AGE, OR (ii) LEGAL AGE TO FORM A BINDING CONTRACT WITH LION CREDIT CARD, OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF ITS CONTENTS, GOODS, OR SERVICES BY APPLICABLE LAW.
1.1 These terms and conditions (these “Terms”) apply to the purchase and sale of products and services through (a) www.DreamCard.cc (the “Site”) and (b) any authorized DreamCard representative. These Terms are subject to change by DreamCard (referred to as “us”, “we”, or “our,” as the context may require), without prior written notice and at any time, in our sole discretion. The latest version of these Terms will be posted on the Site, and you should review these Terms prior to purchasing any product or services that are available through DreamCard. Your placement of an order after a posted change in these Terms will constitute your acceptance of and agreement to such changes.
1.3 Termination. In addition to any remedies that may be provided under these Terms, we may terminate our obligations with immediate effect upon written notice to you, if you: (a) fail to pay any amount when due, or (b) have not otherwise performed or complied with any of these Terms, in whole or in part.
2. ORDER ACCEPTANCE AND CANCELLATION
You agree that your order is an offer to buy, under these Terms, all products and services listed in your order. All orders must be accepted by us or we will not be obligated to sell the products or services to you. We may choose not to accept any orders in our sole discretion. After having received your order, we will send you a confirmation e-mail with your order number and details of the items you have ordered. Acceptance of your order and the formation of the contract of sale between DreamCard and you will not take place unless and until you have received your order confirmation e-mail.
3. PRICES AND PAYMENT TERMS
3.1 All prices are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation e-mail or other form of receipt. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your merchandise total and will be itemized in your order confirmation e-mail or other form of receipt. We are not responsible for pricing, typographical, or other errors in any offer by us and we reserve the right to cancel any orders arising from such errors.
3.2 Terms of payment are within our sole discretion and payment must be received by us at the time of your order, before our acceptance of an order. We accept Paypal, credit card, and check payable to DreamCard for all purchases. This list of approved methods may change at our discretion. You represent and warrant that (i) the credit card information you supply to us is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including all applicable taxes, shipping, and handling costs, if any.
4. SHIPMENTS, DELIVERY, TITLE, AND RISK OF LOSS
4.1 We will arrange for shipment of the products to you. You are responsible for checking the individual product page for specific delivery options. You agree to pay all shipping and handling charges specified during the ordering process.
4.2 Title and risk of loss pass to you upon our transfer of the products to the carrier or delivery agent. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.
4.3 For clarity, you maintain title and bear the risk of loss, including the exposure of personal identifiable information, when you send your physical card to us for use in the creation of your new card. We therefore strongly recommend that you fully insure your shipment against loss or damage and that you use a carrier that can provide you with proof of delivery for your protection.
5. RETURNS AND REFUNDS
Due to the customized nature of your new card and the irreversible process of transferring information to your new card, all sales are final and no refunds or returns are possible, with the sole exception of return due to product defects on arrival, which may include a partial or full refund at our sole discretion.
6. LIMITED WARRANTY
6.1 THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS, WHICH VARY FROM STATE TO STATE.
6.2 WE WARRANT THAT DURING THE WARRANTY PERIOD STATED IN SECTION 6.9, THE PRODUCTS PURCHASED FROM THE SITE WILL BE FREE FROM DEFECTS IN MATERIALS AND WORKMANSHIP.
6.3 WE ALSO WARRANT THAT DURING THE WARRANTY PERIOD STATED IN SECTION 6.9, THE SERVICES PURCHASED FROM THE SITE WILL BE PERFORMED IN A WORKMANLIKE AND PROFESSIONAL MANNER, IN ACCORDANCE WITH GENERALLY RECOGNIZED INDUSTRY STANDARDS FOR SIMILAR SERVICES.
6.4 WE LIMIT THE DURATION AND REMEDIES OF ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TO THE DURATION OF THIS LIMITED WARRANTY AS STATED IN SECTION 6.9.
6.5 SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
6.6 OUR RESPONSIBILITY FOR DEFECTIVE PRODUCTS AND SERVICES IS LIMITED TO REPAIR, REPLACEMENT, OR REFUND AS SET FORTH IN THIS WARRANTY STATEMENT. NEITHER ANY PERFORMANCE OR OTHER CONDUCT, NOR ANY ORAL OR WRITTEN INFORMATION, STATEMENT, OR ADVICE PROVIDED BY US OR ANY OF OUR AGENTS OR EMPLOYEES WILL CREATE A WARRANTY, OR IN ANY WAY INCREASE THE SCOPE OR DURATION OF THIS LIMITED WARRANTY AS STATED IN SECTION 6.9.
6.7 Scope of Warranty. This limited warranty extends only to the original purchaser of products or services. It does not extend to any other owner or transferee of the product or any transferee or other beneficiary of the service. This limited warranty covers only defects in materials and workmanship in products and services purchased from the Site or a DreamCard representative during the Warranty Period. This limited warranty does not cover any damages due to: (a) transportation, (b) storage, (c) improper use, (d) failure to follow any product instructions or to perform any maintenance, (e) modifications, (f) combination or use with any products, materials, processes, systems, or other matter not provided or authorized in writing by DreamCard, (g) unauthorized repair, (h) normal wear and tear, or (i) external causes such as accidents, abuse, loss, theft, or other actions or events beyond our reasonable control.
6.8 Warranty Period. This limited warranty starts on the date of your purchase and lasts for 30 days (“Warranty Period”). The Warranty Period is not extended if we repair or replace a warranted product or re-perform a warranted service. We may change the availability of this limited warranty at our discretion, but any changes will not be retroactive.
6.9 Remedies. With respect to any defective products during the Warranty Period, we will, in our sole discretion either: (a) repair or replace such products (or the defective part) free of charge, or (b) refund the purchase price of such products. We will also pay for shipping and handling fees to return the repaired or replacement product to you if we elect to repair or replace the defective products. With respect to any defective services during the Warranty Period, we will, in our sole discretion, either: (a) repair or re-perform the defective services free of charge, or (b) refund the purchase price of such services.
6.10 Dispute Resolution. If a dispute arises from or relates to this contract or the breach thereof, and if the dispute cannot be settled through direct discussions, the parties agree to endeavor first to settle the dispute by mediation administered by the American Arbitration Association under its Commercial Mediation Procedures before resorting to arbitration. The parties further agree that any unresolved controversy or claim arising out of or relating to this contract, or breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
7. LIMITATION OF LIABILITY
7.1 DreamCard IS IN NO WAY LIABLE FOR ANY BREACH OF CUSTOMER’S CARDHOLDER AGREEMENT. ANY DECISION TO PURCHASE A DreamCard PRODUCT OR SERVICE IS CUSTOMER’S OWN AND INVOLVES NO INDUCEMENT BY DreamCard.
7.2 DreamCard IS IN NO WAY LIABLE AND DOES NOT PROVIDE REPLACEMENT SERVICES FOR LOST, STOLEN, DAMAGED, OR DEMAGNETIZED CARDS.
7.3 THE REMEDIES DESCRIBED ABOVE ARE YOUR SOLE AND EXCLUSIVE REMEDIES AND OUR ENTIRE OBLIGATION AND LIABILITY FOR ANY BREACH OF THIS LIMITED WARRANTY. OUR LIABILITY WILL UNDER NO CIRCUMSTANCES EXCEED THE ACTUAL AMOUNT PAID BY YOU FOR THE DEFECTIVE PRODUCT OR SERVICE THAT YOU HAVE PURCHASED THROUGH THE SITE OR DreamCard REPRESENTATIVE, NOR WILL WE UNDER ANY CIRCUMSTANCES BE LIABLE FOR ANY LOSS OF DATA, USE, GOODWILL, REPUTATION, COSTS OF REPLACEMENT GOODS OR SERVICES, OR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES OR LOSSES, WHETHER DIRECT OR INDIRECT.
7.4 SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Customer will indemnify and hold harmless DreamCard in any actions regarding customer’s own breach of cardholder agreement.
9. YOUR OBLIGATIONS
9.1 Compliance with Laws. You agree to comply with all applicable laws and regulations of the various states and of the United States. You represent and warrant that you are buying products or services for your own personal or household use only, and not for resale or export.
9.2 Representations and Warranties. You further represent and warrant that (a) you are the older of (i) at least 18 years of age, or (ii) legal age to form a binding contract with DreamCard, (b) you are authorized to use the credit or debit card that you have provided to DreamCard, (c) all information that you have provided to DreamCard is accurate and true, and (d) you authorize DreamCard to transfer all of your card information, along with your magnetic strip code and EMV chip, if applicable, to a new card. You acknowledge that your old card will no longer work. You represent and warrant that you understand that (a) you must provide your physical card to us in order to fulfill your order, (b) your old card will no longer work, though it will be returned to you, (c) only one copy of your card will be made and sent back to you, (d) that the card issuer is your sole remedy for the replacement of a lost or stolen card, and (e) DreamCard is not a card issuer and does not extend to you any line of credit with this offer.
9.3 Your Delay. If our performance under these Terms is prevented or delayed by any act or omission of Buyer or its agents, subcontractors, consultants or employees, such as the delayed receipt of your old card, we shall not be deemed in breach of our obligations or otherwise liable for any costs, charges, or losses sustained or incurred by you and arising directly or indirectly from such prevention or delay.
9.4 Additional Obligations. It is your responsibility to carefully review and uphold your individual cardholder agreement. DreamCard is not responsible for breaches of your cardholder agreement in the event that your actions under these Terms violate or lead to a termination of your cardholder agreement. It is also your responsibility to protect your card against loss and theft (see Section 9.2). DreamCard will not replace lost, stolen, or demagnetized cards.
10. PRIVACY AND CONFIDENTIAL INFORMATION
10.2 DreamCard is not responsible for your acts or any third-party acts that compromise the privacy of your personal identifiable information or the security of your card that may arise while your card is not within DreamCard’s control, including acts arising from (a) you sending us your old card via carrier or delivery agent, (b) from us sending your new card back to you via carrier or delivery agent, (c) careless disposal of your old or new cards upon expiration or replacement, (d) loss or theft of your card or card information, or (e) data breaches or identity theft.
11. GENERAL PROVISIONS
11.1 Force Majeure. We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control.
11.2 Governing Law. All matters arising out of or relating to these Terms are governed by and construed in accordance with the laws of the State of California, without giving effect to any conflicts of laws principles thereof.
11.3 No Assignment. You may not assign your rights or obligations under these Terms. Any purported assignment in violation of this Section 10.3 is null and void.
11.4 No Waiver. The failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of DreamCard.
11.5 No Third-Party Beneficiaries. These Terms do not and are not intended to confer any rights or remedies on any person other than you.
11.6 Notices. (a) To You. We may provide any notice to you under these Terms by: (i) sending a message to the e-mail address you provide or (ii) by posting to the Site. Notices sent by e-mail will be effective when we send the e-mail and notices we provide by posting will be effective upon posting. It is your responsibility to keep your e-mail address current. (b) To Us. To give us notice under these Terms, you must contact us as follows: (i) by personal delivery, overnight courier, or registered or certified mail to DreamCard, 88 S. 3rd St., Box # 209, San Jose, CA 95113. We may update the address for notices to us by posting a notice on the Site. Notices provided by personal delivery will be effective immediately. Notices provided by overnight courier will be effective one business day after they are sent. Notices provided by registered or certified mail will be effective three business days after they are sent.
11.7 Severability. If any provision of these Terms is invalid, illegal, void, or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.
11.9 Survival. Provisions of these Terms which by their nature should apply beyond their terms will remain in force after any termination or completion of an order under these Terms, including but not limited to the following provisions: Compliance with Laws, Privacy and Confidential Information, Governing Law, and Survival.