Terms & Conditions

Effective Date: November 2025

These Terms of Service (“Terms”) govern your use of our website located at **daymiss.com** and form a binding contractual agreement between you, the user of the Site, and us.

By viewing or browsing the Site, you acknowledge that you have read and agree to be bound by these Terms. If you do not agree to these Terms, you may not access or otherwise use the Site and the Services offered.

1. Key Definitions

In these Terms:

  • Site: means daymiss.com.
  • Content: means any and all data, text, software, images, audio or video material, and other content provided by us to you.
  • Intellectual Property: means all intellectual property rights, including all copyright, patents, trademarks, design rights, and trade secrets.
  • You / User: means you, the person using the Site.
  • Us, We, Our: means Guangzhou Daymiss Fashion Co., Ltd. (Daymiss).

2. Site Access and Availability

  • Best Effort Basis: While we will use all reasonable efforts to ensure the Site is available, temporary interruptions may occur. We shall not be liable for loss or damage incurred by such downtimes.
  • “As Is” Provision: All Content and services are provided “as is” and “as available” for your use, without warranties or conditions of any kind, express or implied. Your use of this site is solely at your risk.
  • Service Changes: We reserve the right to withdraw or amend the Services and Content we provide on the Site without notice. We may restrict access to some parts or the entire Site from time to time.

3. Intellectual Property and Content Use

  • Ownership Retention: Nothing in these Terms constitutes a transfer of any Intellectual Property rights from us to you. We own and retain all proprietary rights to the Site, the Content, and all associated Intellectual Property rights.
  • Limited License: As a User, you are granted a limited, non-exclusive, revocable right to use the Site and Services subject to these Terms.
  • Restrictions:
    • Our Intellectual Property must not be used in connection with a product or service not affiliated with us or in any way that brings us into disrepute.
    • You must not modify the physical or digital copies of any Content you print or download.

4. Purchases, Privacy, and Payments

  • Privacy: The terms on which we collect, use, and disclose your personal information are set out in our **Privacy Policy**.
  • Sale Terms: At the moment of purchase, you are entering into an agreement with daymiss.com. Purchases are covered by our **Shipping Information** and **Return & Exchange Policy**.
  • Payment Gateways: We may provide access to third-party payment gateways (such as PayPal). These services are **not under our control**. You agree to read the terms governing your selected payment gateway prior to facilitating any transactions.

5. Limitation of Liability and Indemnity

  • Limitation of Liability: In no event shall we be liable for any **indirect, punitive, special, incidental, or consequential damage** (including loss of business, profits, data, or goodwill) however it arises.
  • Liability Cap: Our aggregate liability to you will not exceed, in total, **the amounts paid by you to us**.
  • Indemnity: As a condition of your use of the Site, you agree to **indemnify** Daymiss and its successors for all damages, costs, expenses, and liabilities (including legal fees) relating to any claim arising out of or related to: (a) your access and use of the Site; or (b) your breach of these Terms or the rights of another party.

6. Termination

  • Our Right: You agree that we may, at any time and at our sole discretion, **terminate your access to the Site**, with or without cause or notice to you.
  • No Liability: We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension.

7. Force Majeure

We shall be under no liability to you for any circumstance beyond our reasonable control, including but not limited to: Acts of God; Natural disasters; Strikes and lockouts; Civil unrest; or Computer hacking, where this arises out of circumstances beyond our control.

8. Governing Law and Updates to Terms

  • Governing Law: These Terms are governed by the laws of the People’s Republic of China, and each party submits to the exclusive jurisdiction of the courts of China.
  • Updates to Terms: We reserve the right, at our sole discretion, to **change, modify, add, or remove any part of these Terms at any time.** Notification of the changes will be posted on the Site and will be effective immediately.
  • Your Responsibility: It is your sole responsibility to **periodically check these Terms** for any changes. Your continued use of the Site will be deemed as your acceptance of those changes.