Terms of Service

1.1. The Agreement is between the Company and Client on a monthly subscription basis with automatic renewal unless cancelled pursuant to clause 3.2.

1.2. The Company shall rent to the Client, and the Client agrees to rent from the Company, up to two (2) pieces of jewellery available from time to time on the Company’s website www.dazzlesg.com (the “Jewellery”) during the Subscription Period as defined under clause 3.1. The Jewellery may also be offered for sale if the Client decides to purchase it at a pre-agreed retail price.

2.1. General: The Company agrees to rent to the Client on a subscription basis fine jewellery which is available from its inventory.

2.2. Jewellery Description: A detailed description and photographs, along with the recommended retail price for each of the jewellery items (the “Retail Price”), shall be sent to the Client via his or her email address from the Company’s official email contact@dazzlesg.com, at the earliest opportunity following the conclusion of this Agreement.

2.3. Incorporation of Terms: Such descriptions and photographs conveyed to the Client pursuant to clause 2.2 shall be incorporated herein by express reference.

2.4. Client’s Condition Acceptance: After three (3) business days have elapsed, silence on part of the Client shall for the avoidance of doubt be construed as whole acceptance of the jewellery conditions as described and communicated pursuant to clause 2.2 (the “Condition Acceptance”). The Condition Acceptance includes, but is not limited to, the veracity of the type of gold, jewellery weight, jewellery size, gemstone colour, overall infrastructure, and overall design of the items.

3.1. The subscription period shall cover a period of one (1) calendar month, commencing on the Effective Date taken as the date the Client has signed up as a member and successfully made payment via the prescribed Stripe platform (the “Subscription Period”).

3.2. The Subscription Period shall be automatically renewed unless cancelled by either Party giving a five (5) business days’ written notice to the other Party (if to Dazzle: via email to contact@dazzlesg.com) before the end of the Subscription Period (the “Cancellation”).

4.1. The Client shall pay the Company a subscription fee that is reflected on the Company’s official website www.dazzlesg.com via the prescribed secured payment method (the “Subscription Fee”). The Fee is due and payable upon the execution of this Agreement.

4.2. In the event that the Subscription Fee is adjusted from time to time due to the Company’s business assessment, the Client shall be informed in writing of the changes and shall agree to the revised Subscription Fee before the next subscription cycle.

5.1. Definitions:

5.1.1. Jewellery Damage: any harm or deterioration that significantly compromises the original integrity, function, or aesthetic appeal of the Jewellery beyond reasonable wear and tear defined under clause 5.1.2. This includes, but is not limited to:

5.1.1.1. Broken Chains and Clasps: Any disruption in the continuity of necklace chains or bracelet bands, including but not limited to snapped, twisted, or stretched chains that cannot be returned to their original condition through simple repairs.

5.1.1.2. Deformed Items: Any alteration of the original shape or structure of the Jewellery, such as bent, twisted, or crushed earrings, rings, or bangles, rendering them significantly different from their original design or unable to be worn as intended.

5.1.1.3. Gemstone Damage: This encompasses gemstones that are missing, fallen off, cracked, chipped, or significantly scratched. It also includes loose stones that compromise the setting's integrity or the piece's overall appearance and functionality.

5.1.1.4. Closure and Lock Damage: Damage to mechanisms that are essential for the secure wearing of the Jewellery, including broken clasps, hooks, and snap locks, which prevent the Jewellery from being securely fastened.

5.1.1.5. Surface Damage: Significant scratches, dents, or marks that alter the visual appearance and feel of the Jewellery in a manner that is not reversible by standard cleaning or polishing processes.

5.1.2. Reasonable Wear and Tear: the expected physical deterioration of the Jewellery due to ordinary use during the Subscription Period. This includes minor scratches and marks that do not significantly alter the appearance or function of the Jewellery, slight discoloration due to skin contact of the Client, and other minor changes that do not compromise the item's overall integrity, aesthetic, and functionality.

5.2. Assessment of Jewellery Damage

5.2.1. The Company’s Discretionary Assessment: the Company evaluates the condition of the Jewellery upon their return to determine the existence and extent of any damage. The Company retains sole discretion in this assessment, considering the unique qualities and craftsmanship of each jewellery piece (the “Discretion”). This discretion includes determining the cost of repairs, restoration, or replacement necessary to return the item to its original condition.

5.2.2. Assessment Capped at Retail Price: notwithstanding the Company’s exercise of Discretion, the Jewellery Damage will not in any circumstances exceed the Retail Price as communicated to the Client pursuant to clause 2.2.

5.2.3. No Consequential Damages: in exercising its Discretion, the Company will not take into consideration the loss of future income hypothetically earned by renting the Jewellery to other Clients during the repair time nor the loss of potential Clients by offering a wider variety of jewellery collections.

5.2.4. Finality of Discretion: The Company's assessment is final and shall not be subject to further dispute or challenge by external valuers. This approach acknowledges the inherent variability and subjectivity in jewellery valuation, which can result in differing opinions among industry participants. The Company's expertise and understanding of its collection's specific characteristics ultimately guide its assessments, ensuring fairness to both Parties. In the event that this clause is in conflict with any section of the Unfair Contract Terms Act 1977, it shall be severable to the minimal extent so as to give effect to the parties' intention that the Company's bona fide jewellery assessment must be primarily respected.

5.3. The Company’s Recourse
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5.3.1. The Company reserves its rights to impose a monetary charge equivalent to the assessment of Jewellery Damage pursuant to clause 5.2.

5.3.2. By providing the Company with credit card information at the stage of signing up for the Business, the Client hereby unequivocally authorises the Company to use this information to proceed with a charge in exercise its rights under clause 5.3.1 in addition to and independently from the Subscription Fee.

6.1. No Refunds of Subscription Fee:

6.1.1. No refunds of the Subscription Fee shall be permitted in whatever circumstances save for the Company’s error to continue the subscription charge despite the Client’s Cancellation pursuant to clause 3.2.

6.1.2. Situations of a no-refunds include but are not limited to: (1) the Client’s decision to discontinue the subscription service right after the Subscription Fee has been paid; (2) the Client’s decision to discontinue the subscription service during the Subscription Period; and (3) the Client’s decision to terminate the contractual relationship with the Company at any time.

6.2. Notice of Jewellery Delivery: The Company will notify the Client of the availability of any jewellery items displayed on the online collection site at the earliest available opportunity.

6.3. No Guarantee of Desired Jewellery: The Company will exercise its best endeavours to select Jewellery based on the Client’s personal preferences but do not represent any guarantee that it is able to secure the specific requirements and requests expressed by the Client. Any Jewellery that is delivered shall constitute Jewellery that fulfils clause 1.2.

6.4. Timely Return of Jewellery:

6.4.1. Time is of the essence in this Agreement due to the unique business model of rotating a limited inventory of jewellery items to different Clients.

6.4.2. Time is of the essence in this Agreement further due to the absence or insufficiency of a collateral or deposit payable to the Company in return for taking possession of jewellery items whose value is significantly higher than the Subscription Fee.

6.4.3. The Client shall be liable for damages for the late return of the Jewellery whose quantum is assessed solely at the discretion of the Company.

6.5. Client’s Best Efforts of Care:

6.5.1. As jewellery items are generally fragile, the Client agrees to return the Jewellery to the Company in good and original conditions, subject to reasonable wear and tear as defined in clause 5.1.2. This agreement necessitates best efforts of care during the Subscription Period in which the Client takes possession of the Jewellery.

6.5.2. If the Jewellery is returned in a condition beyond reasonable wear and tear, as determined at the Company's sole discretion pursuant to clause 5.1.1, the Company shall invoke its rights under clause 5.2 to assess Jewellery Damage and under clause 5.3 to recover any losses suffered by the Company.

7.1. No Assignment without Consent: Without prejudice to Section 2.2, the Client may not assign, transfer, or subcontract any of its rights or obligations under this Agreement without the prior written consent of the Company. In other words, the membership benefits cannot be assigned to a third party without the Company's approval.

7.2. The Company's Right to Grant or Withhold Consent: The Company may grant or withhold consent based on an evaluation of the proposed assignee's capability to fulfil the obligations as set forth in this Agreement and other criteria deemed relevant by the Company to safeguard its interests.

The Contracts (Rights of Third Parties) Act 2001 shall not under any circumstances apply to this Agreement and any person who is not a party to this Agreement (whether or not such person shall be named, referred to, or otherwise identified, or form part of a class of persons so named, referred to or identified, in this agreement) shall have no right whatsoever under the Contracts (Rights of Third Parties) Act 2001 to enforce this Agreement or any of its terms.

9.1. Governing Law: This agreement shall be governed by the laws of Singapore to the exclusion of all other laws and without giving effect to any choice of conflict of law provisions.

9.2. Dispute Resolution:

9.2.1. In the event of any dispute, controversy, or claim arising out of or relating to this Agreement, or the breach, termination, or invalidity thereof (the "Dispute"), the Parties shall first endeavour to settle the Dispute amicably through good faith negotiations within thirty (30) business days from the date of written notification of the Dispute by one Party to the other.

9.2.2. Should the Parties fail to resolve the Dispute through amicable negotiations within the aforementioned period, the Dispute shall be submitted to and finally resolved by the relevant court of competent jurisdiction in Singapore.

9.2.3. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.

10.1. Entire Agreement: This Agreement constitutes the entire agreement of the Parties on the subject hereof and supersedes all prior understandings and instruments on such subject. This includes, where applicable, all prior representations, warranties, or undertakings communicated by the Company’s sales representative(s). This Agreement may not be modified other than by a written instrument executed by duly authorised representatives of the Parties.

10.2. Waiver: No waiver of any provision of this Agreement shall constitute a waiver of any other provision(s) or of the same provision on another occasion. Failure of either Party to enforce any provision of this Agreement shall not constitute a waiver of such provision or any other provision(s) of this Agreement.

10.3. Severability: Should any provision of this Agreement be held by a court of competent jurisdiction to be illegal, invalid or unenforceable, such provision may be modified by such court in compliance with the law giving effect to the intent of the Parties and enforced as modified. All other terms and conditions of this Agreement shall remain in full force and effect and shall be construed in accordance with the modified provision.

10.4. Amendment: This Agreement may only be amended, modified, or supplemented by an agreement in writing signed by each party hereto.