Terms & Conditions
These general conditions (hereinafter referred to as conditions) establish the procedures for Purchase from Dust Y Love (hereinafter called The "Seller") of goods to a non consumer (hereinafter The Purchaser) as described in the between Buyer and Dust Y Love entered into agreement with Seller (the "Agreement").
To the extent not otherwise agreed in writing, the below stated normal conditions apply and supersede any Buyer's general conditions.
Unless otherwise agreed, delivery of goods occurred when the goods are delivered from Seller's warehouse. The risk of goods passes to Buyer upon delivery.
The goods will be sent when money is received in our account. Apply Please order number and name when paying.
We send all orders as insured packages with Post Denmark or Fedex.
Unless otherwise agreed in writing, stated delivery times are determined by best estimates. If Seller can not fulfill at the stated time, Buyer will receive written notification by as much forewarning as possible about when delivery can be expected to take place.
Can delivery date not be observed, Seller will try to reduce the delay to the fullest extent possible. Seller accepts no responsibility for any minor delays.
If an agreed delivery date is exceeded by more than 20 working days, and the delay is solely attributable to Seller or to matters for which Seller is responsible, this shall constitute a material breach of this Agreement. Seller disclaims all liability however arising from the delay, and Buyer's sole sanction by substantial delay is cancellation of the purchase.
Items out of stock and Shared deliveries:
If you order an item, which unfortunately proves to be sold out, the order will be completed without this item, if the delivery time would prove to be unknown. Therefore it is important to note that if you re-order this sold out item, then we obviously ship this item for free (but only the sold-out item.) This means for you as a customer, that you are not going to pay extra shipping costs to ship a item which is sold out when this comes in stock!
Shared deliveries – if you order a item which is sold out, but that will come into stock within a short time, your order will be completed incl. this item - and we will then ship the item as soon as it is back in stock.
Dust Y Love provides all customers 14 days of full return. 14 days starts from the day you receive your order, and it must be at our disposal again before 14 days from your receival. The item you return must be in same condition as when you recieved it. It has to be returned in the original packaging and sent by registered parcel post and paid by the buyer. Please remember to ship a copy of the original invoice together with the returned item and remember to add your bankdetails if you paid via bank otherwise the credit will be add to your creditcard.
All prices at www.dustylove.co.uk are including VAT and duties. It is important that you print your confirmation of the order. We reserve the rights to cancel an order if wrong prices are shown on the website. The confirmation of your order, generated at purchase, is a copy of your shopping basket, and not our accept of the order.
The buyer is obliged to examine and test the delivered goods immediately after delivery as well as circumstances require to ascertain whether there are faults with the delivered goods or whether goods delivered are in accordance with the order confirmation, both in relation to quality and quantity.
To plead that the delivered suffers from errors or omissions (the "faults"), Buyer shall complain in writing to Seller immediately after the error is or should be discovered, at latest 3 days after the goods are recieved. Buyer shall in connection with the claim state and upon request, show how the fault manifests itself.
Seller is never responsible for and shall not be regarded as being in breach, if there are errors due to the design of the product provided the design is in accordance with the agreement. Seller is also not responsible for errors due to Buyer's own actions, such as lack of maintenance, misuse, use against Seller regulations and changes and interventions in the supply of goods by unauthorized persons.
In the event of any error with delivered goods, Seller may choose whether Seller will:
a) rectify the error,
b) replace the goods
c) give Buyer a pro rata reduction in price.
In the case where it reasonably assessed that the buyer can undertake remediation, this is considered to be completed by sending a flawless part and / or instruction for remediation.
If Seller elects to remedy, redelievery or after delivery, Seller is bound by the rapidity which the situation demands, and at Sellers own expense to perform such remediation whether by redelievery or after delivery.
If the Seller does not within a reasonable time rectify the situation by redelievery, remedying or after delivery of goods with the speed, the circumstances require, the Buyer may give Seller written a definitive and reasonable time to remedy the deficiency, pre delivery or after delivery. The deadline must represent at least 7 working days and not expire earlier than 20 working days from the date when Seller received Buyer's written complaint on the occasion of the error.
If seller fails to remedy, redeliever or after deliver by the deadline, Buyer has the right to a proportionate reduction corresponding to the faulty part of the delivered relative to the overall delivery and price.
If the error is significant, Buyer may terminate the agreement as regards the proportion of defective goods. The buyer can only terminate this Agreement with respect to non-faulty goods, if they stand in such a connection with the faulty goods that they can not reasonably function alone.
If Buyer cancels, he has the right to compensation within the limits set out in these Terms and Conditions.
Buyer may not raise other claims against Seller in connection with errors.
If Buyer has complained about errors and it turns out that there are no errors attributable to Seller, Buyer shall replace the costs Seller may have held in such a context, including investigative and freight costs.
Replacement or repair of the goods does not mean that it restarts a new warranty period.
According to Danish Sale of Goods Act, we provide 2 years warranty on all products. However any warranty and / or Guarantee lapses if damage is incurred by wear, improper maintenance, unnecessary harm, misuse and other damage not caused in manufacturing of the goods.
ALL items that are returned with faults, will be tested by our staff, and if there are no errors with the item, the customer will be charged on hourly wage of 300kr. + VAT. (375kr.) + the shipping to return the item back to the customer. This collection will take place before the goods are returned to the customer. If the customer returns a faulty item, which appears to have occurred because of misuse, abuse, or that the fault proves to be an error not covered by the warranty, the buyer will be charged for the freight to send the item back to the customer . This will happen BEFORE the item is returned to the customer. Please note: Jewelleries which are plated will fade over time and by use and are not covered by warranty.
Neither party can be held responsible for conditions that can be described as force majeure, including but not limited to war, riots, insurrection, general strikes, fire, water damage, arson, natural disasters, currency restrictions, import or export bans, interruption of the ordinary trade , interruption or failure of energy supply, significant change in commodity prices,which means more than 30%, comprehensive virus or malware attacks and the occurrence of force majeure, in accordance with this provision by subcontractors.
In the occurrence of force majeure, the affected party must promptly, within 20 days notify the other party to a force majeure situation occuring.
If a force majeure situation lasts more than 60 days, the other party is entitled to cancel the agreement. Such cancellation will take effect for future purchases by Buyer however he will have to pay for goods delievered within 10 days after cancellation. Then, neither party make further claims against the other party.
1.1 Data processing Seller is subject to the Danish Personal Data Laws and any processing of personal data is subject to the Privacy Act. Seller is as referred to in the Personal Data Act, responsible as data controller of the data registered about the buyer and visitors to the Seller's website.
No personal information recorded by the Seller will, at any time be transferred, sold or made available to third parties except to the extent necessary to meet the parties' agreement, including disclosure to bank, courier and others. All information is stored securely and is accessible only to trusted employees of Seller.
When buying on the website Seller obtains Buyer's name, address, phone number, email address, and possibly. CVR no. and possibly Payment card number as are necessary to execute the order, and used exclusively for processing your order. Information, except credit card information is transmitted and stored electronically in unencrypted form. The "contract" (purchase agreement) is stored with Seller.
Furthermore is registered the Buyers IP address from which any. purchases are made. This information is usually not used, but can be used in a possible police investigation. All fraudulent orders are notified to the police!
1.2 Newsletter Buyer may optionally have his e-mail address included on a mailing list at the Seller so that Buyer receives news and other information from the Seller. This service may at any time and at no cost be signed up by and unsubscribed by Buyer via email at firstname.lastname@example.org.
Information about Buyers - name, address, email etc. - Is only used by Seller to meet Buyer's order and to notify Buyer if unforeseen delivery problems should arise.
1.4 Storage and erasure Information about Buyer's order and any other purchase information is stored for 5 years unless Danish law would require a longer storage, the information is then automatically deleted unless the information remains relevant to the Seller, for example. in connection with the fulfillment of new orders or similar. This is achieved to ensure proper handling of eventual complaints.