Terms of service – dustsilver

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Terms of service

TERMS & CONDITIONS

OUR TERMS

1.These terms

1.1 What these terms cover. These are the terms and conditions on which we supply products to you, whether these are goods, services or digital content.

1.2 Why you should read them.Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.

1.3 Are you a business customer or a consumer?In some areas you will have different rights under these terms depending on whether you are a business or consumer.

You are a consumer if:
    • You are an individual.
    • You are buying products from us wholly or mainly for your personal use (not for use in connection with your trade, business, craft or profession). You are a business if:
    • You are buying products for use in connection with your trade, business, craft or profession.

    1.4 If you are a business customer this is our entire agreement with you. If you are a business customer these terms constitute the entire agreement between us in relation to your purchase. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of us which is not set out in these terms and that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this agreement.

    2. Information about us and how to contact us

    2.1 Who we are. 

    2.2 How to contact us. You can contact us by telephoning our customer service team at +852 5443 6002 or by writing to us at dustsilversale@gmail.com

    2.3 How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.

    2.4 "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.

    3. Our contract with you

    3.1 How we will accept your order. Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us.

    3.2 If we cannot accept your order. If we are unable to accept your order, we will inform you of this in writing and will not charge you for the product. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified.

    3.3 Your order number. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.

    3.4 About you.

    To shop with us, you will need to:

    (a) be at least 13 years old or older, unless you have permission of an adult to purchase our goods;

    (b) have a credit or debit card that we accept; and

    (c) be authorised to use that credit or debit card (e.g. it is in your name or you have permission to use it).

    4.1Our products

    4.1 Products may vary slightly from their pictures. The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device's display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images.

    4.2 Product packaging may vary.The packaging of the product may vary from that shown in images on our website.

    4.3 Small parts and choking hazards. Our products contain small components which could put you or others at risk of choking if swallowed. Our products are not for children under the age of 3 years. All products should be stored out of the reach of babies. We do not take responsibility for the use of products after purchase.

    5. Your rights to make changes

    Please note that you cannot make changes to your order if the production of your order has shipped. But if you wish to make a change to the product you have already ordered please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.

    6.Our rights to make changes

    6.1 Minor changes to the products and these terms.We may change the product to reflect changes in relevant laws and regulatory requirements, changes in technology, changes in payment methods and changes in our system’s capabilities.

    6.2 More significant changes to the products and these terms.In addition, as we informed you in the description of the product on our website, we may make the following changes to these terms or the product, but if we do so we will notify you and you may then contact us to end the contract before the changes take effect and receive a refund for any products paid for but not received.

    7. Providing the products

    7.1 Delivery costs. The costs of delivery will be as displayed to you on our website.

    7.2 International delivery. If you order products to be delivered outside of the China, your order may be subject to import duties and taxes which may be applied when the delivery reaches the delivery destination.

    7.3 When we will provide the products. During the order process we will let you know when we will provide the products to you. We will deliver goods to you as soon as reasonably possible and in any event within 30 days after the day on which we accept your order.

    7.4 We are not responsible for delays outside our control. If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received, unless production of your order has commenced and or your order has been marked as 'Production' and has been either fully or partly produced as per your instructions.

    7.5 If you are not at home when the product is delivered. If no one is available at your address to take delivery and the products cannot be posted through your letterbox, we will leave you a note informing you of how to rearrange delivery or collect the products from a local depot.

    7.6 If you do not re-arrange delivery. If, after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract and clause 10.2 will apply.

    7.7 When you become responsible for the goods. A product which is goods will be your responsibility from the time we deliver the product to the address you gave us.

    7.8 When you own goods. You own a product which is goods once we have received payment in full.


    8.Your rights to end the contract

    8.1 You can always end your contract with us.Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing, when you decide to end the contract and whether you are a consumer or business customer:

    (a) If what you have bought is faulty or misdescribed you may have a legal right to end the contract(or to get the product repaired or replaced or a service re-performed or to get some or all of your money back).

      8.3 Exercising your right to change your mind if you are a consumer . If you are a consumer then for most products bought online you have a legal right to change your mind within 7 days and receive a refund. 

      9.How to end the contract with us.

      9.1 Tell us you want to end the contract.To end the contract with us, please let us know by:

      (a) Phone or email.Call customer services on +852 5443 6002 or email us at dustsilversale@gmail.com. Please provide your name, home address, details of the order and, where available, your phone number and email address.

      9.2 Returning products after ending the contract. If you end the contract for any reason after products have been dispatched to you or you have received them.Please do not return any products to us unless you have been instructed to do so by a member of the DUSTSILVER team.

        9.3 When we will pay the costs of return. We will pay the costs of return: 

        (a) if the products are faulty or misdescribed; or 

        (b) if you are ending the contract because we have told you of an upcoming change to the product or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong.

        (c) proof of postage is required before we agree to pay the costs of return.

        9.4 How we will refund you. If you are entitled to a refund under these terms we will refund you the price you paid for the products including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.

        9.5 When your refund will be made. We will make any refunds due to you as soon as possible.

        10.Our rights to end the contract

        10.1 We may end the contract if you break it.We may end the contract for a product at any time by writing to you if:

        (a) you do not make any payment to us when it is due;

        (b) you do not, within a reasonable time, allow us to deliver the products to you or collect them from us; or

        (i) defamatory of any person;

        (ii) infringes the intellectual property rights of any other person.

        (c) you display abusive or threatening behaviour towards any of our employees.

        10.2 You must compensate us if you break the contract. If we end the contract in the situations set out in clause 10.1 we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you the net costs we will incur as a result of your breaking the contract.

        10.3 We may withdraw the product. We may write to you to let you know that we are going to stop providing the product. We will let you know at least 1 month in advance of our stopping the supply of the product and will refund any sums you have paid in advance for products which will not be provided.]

        11. If there is a problem with the product

        How to tell us about problems. If you have any questions or complaints about the product, please contact us. You can telephone our customer service team at +852 5443 6002 or write to us at dustsilversale@gmail.com.

        12. Your rights in respect of defective products if you are a consumer

        12.1 If you are a consumer we are under a legal duty to supply products that are in conformity with this contract. 

        12.2 Your obligation to return rejected products.

        13. Price and payment

        13.1 Where to find the price for the product.The price of the product will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of the product advised to you is correct.

        13.2 We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.

        13.3 When you must pay and how you must pay. We accept payment by credit and debit cards and PayPal. For goods, you must pay for the products upon ordering via our website.

        14. Our responsibility for loss or damage suffered by you if you are a consumer

        14.1 We are responsible to you for foreseeable loss and damage caused by us.If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.

        15. How we may use your personal information

        15.1 How we will use your personal information. We will only use your personal information as set out in on our website.

        16. Other important terms

        16.1 If a court finds part of this contract illegal, the rest will continue in force. 
        Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

        16.2 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date. 

        GOVERNING LAW

        These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of UK