Terms of service

1. Who we are

daellia.com (the "Site") is operated by KANYA, a French SASU with share capital of €1, registered with the Paris Trade and Companies Register under number 103 588 521, with its registered office at 60 Rue François 1er, 75008 Paris, France, trading as Daellia ("Daellia", "we", "us"). Contact: founder@daellia.com.

2. Acceptance

By using the Site or placing an order, you agree to these Terms of Service and to our Terms of Sale, Shipping Policy, Return and Refund Policy and Privacy Policy. If you do not agree, please do not use the Site.

3. Eligibility

You must be at least 18 years old, or the age of majority where you live, and able to enter into a binding contract. The Site is intended for customers in the United States.

4. Your account and information

You are responsible for the accuracy of the information you give us and for keeping your account credentials confidential. We may suspend or close an account used in breach of these terms.

5. Content and intellectual property

All content on the Site, including texts, photographs, images, videos, logos, product names and design, belongs to KANYA or its licensors and is protected by intellectual property laws. You may not copy, reproduce, modify, distribute or use it commercially without our written permission. "Daellia" and the Daellia logo are our trade names and marks.

6. Reviews, photos and messages you send

When you post a review, share a photo with #DaelliaJewelry or send us content, you confirm that you have the right to share it and that it is truthful. You give us a non-exclusive, royalty-free, worldwide license to use, reproduce and display it in connection with Daellia, with credit where possible. We may refuse or remove content that is false, offensive, unlawful or unrelated to our products. We do not pay for reviews, and we do not edit reviews to change their meaning.

7. Acceptable use

You agree not to use the Site for any unlawful purpose, access systems or data without authorization, interfere with the Site's security or operation, use bots or scraping tools, submit false orders or false claims (including false claims of non-delivery), resell our products as a business without our written agreement, or impersonate another person.

8. Third-party services

Our store runs on Shopify, and payments are processed by Shopify and its payment partners. Links to third-party sites are provided for convenience; we are not responsible for their content or practices.

9. Disclaimer

The Site and its content are provided "as is" and "as available". To the extent permitted by law, we disclaim all warranties not expressly stated in our Terms of Sale, and we do not guarantee that the Site will be uninterrupted, error-free or free of viruses. Information on the Site is general information, not professional, medical or gemological advice.

10. Limitation of liability

To the extent permitted by law, KANYA and its officers, employees and partners are not liable for any indirect, incidental, special, consequential or punitive damages, or for any loss of profits, data or goodwill, arising from your use of the Site or our products. Our total liability for any claim is limited to the amount you paid for the order concerned, or $100 if no purchase is involved. Some states do not allow these limitations, so they may not apply to you.

11. Indemnification

You agree to indemnify and hold harmless KANYA and its officers, employees and partners from any claims, losses and costs, including reasonable attorneys' fees, resulting from your breach of these terms or your misuse of the Site.

12. Dispute resolution

Please read this section carefully. It affects your rights.

Contact us first. Before starting any claim, you agree to email founder@daellia.com with a description of the issue and to try to resolve it with us informally for at least 30 days.
Binding individual arbitration. If we cannot resolve it, any dispute arising from these terms, the Site or a purchase will be resolved by binding arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules, before a single arbitrator. The arbitration may take place by video conference or in the county where you live. Fees are paid as set out in those rules. The Federal Arbitration Act governs this section.
Small claims. Either party may instead bring an individual claim in small claims court if it qualifies.
No class actions. You and Daellia agree to bring claims only in an individual capacity, not as a plaintiff or class member in any class, collective or representative action. The arbitrator may not consolidate claims.
Opt-out. You can opt out of this arbitration agreement by emailing founder@daellia.com within 30 days of your first order or first use of the Site, with your name and a clear statement that you opt out.
If the class waiver fails. If the class action waiver is found unenforceable for a claim, this arbitration section does not apply to that claim, which must then be brought in court.

13. Governing law

These terms are governed by the Federal Arbitration Act and by the laws of the State of Delaware, without regard to conflict-of-law rules. This does not deprive you of the protection of the mandatory consumer laws of the state where you live. Subject to section 12, any court action must be brought individually before a court of competent jurisdiction.

14. Changes and termination

We may update these terms by posting a new version on this page; updates do not apply to orders placed before them. We may suspend or end your access to the Site if you breach these terms.

15. General

If any provision is found invalid, the rest remains in force. Our failure to enforce a provision is not a waiver. These terms, together with the policies listed in section 2, are the entire agreement between you and us about the Site. You may not transfer your rights under these terms; we may transfer ours as part of a business transfer.