WEBSITE TERMS AND CONDITIONS OF SUPPLY
If you do not agree to be bound by these terms and conditions you may not use or access this website. Before you place an order, if you have any questions relating to these terms and conditions please contact Customer Services. Inbound and outbound calls may be recorded for quality monitoring and training purposes.
You should print a copy of these Terms or save them to your computer for future reference. The details of your specific contract will not be filed by us. If you do require any information regarding orders you have placed with us please contact Customer Services. We may amend these Terms from time to time as set out in paragraph 6. Every time you wish to order products, please check these Terms to ensure you understand the terms which will apply at that time. These Terms were most recently updated on 13 August 2014.
1. Information about us and contacting us
1.1 We operate the website www.dunelondon.com. We are Dune Group Limited, a company registered in England under company number 02127866 and with our registered office at 9 Hatton Street, London, NW8 8PL. Our VAT number is GB 108 2622 39. The Dune Group Limited will become your contracting partner if you decide to buy on dunelondon.com. As we are an English company, English law applies as laid out in these terms and, in particular, in paragraph 17.5 and 17.6.
1.2 You can contact our Customer Services team by calling +44 (0) 333 240 73 06 or the other numbers listed on our Contact Us page. You can also email Customer Services at email@example.com or write to Customer Services at The Dune Group, 6-11 Elms Depot, Cambridge Road, Whetstone. LE8 6AB.
2. Our products
2.1 Pictures, illustrations or descriptions or any other information submitted or contained in this website or other advertising matter are for general information and guidance. There may be minor variations between the goods as shown or described on our website and those dispatched to you without affecting their function, quality or price. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer's display of the colours accurately reflect the colour of the products. The packaging of the products may vary from that shown on images on our website.
2.2 All products shown on our website are subject to availability. We will inform you by e-mail as soon as possible if the product you have ordered is not available and we will not process your order. If you have already paid for the products, we will refund you the full amount as soon as possible, and in any event within 30 calendar days of the day of our notification. For the avoidance of doubt other goods ordered by you in the same or separate orders will be dispatched in the normal way.
3. If you are a consumer
This paragraph 3 only applies if you are an individual consumer, i.e. an individual entering into a contract for the sale and purchase of goods not for commercial use.
If you are an individual consumer, you may only purchase products from our website if you are at least 18 years old. As a consumer, you have legal rights in relation to products that are faulty or not as described. Nothing in these Terms will affect these legal rights.
4. If you are a business consumer
This paragraph 4 only applies if you are a business, i.e. not an individual who enters into a contract for the sale and purchase of goods for use outside his trade, business or profession or juristic person.
If you are acting on behalf of a business (i.e. not as an individual consumer), you confirm that you have authority to bind any business on whose behalf you use our website to purchase products. These Terms constitute the entire agreement between you and us. You acknowledge that you have not relied on any statement, promise or representation made or given by or on behalf of us which is not set out in these Terms or any document expressly referred to in them.
5. How the contract is formed between you and us
5.1 Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each stage of the order process. After you place an order, you will receive an e-mail from us acknowledging that we have received your order. However, please note that this does not mean that your order has been accepted.
5.2 We will confirm our acceptance to you of your order by sending you a shipping confirmation email to the email address you have given on dispatch of your order. The contract between you and us will only be formed when (and not before) we send you the shipping confirmation email and receive settlement of all sums due in respect of the products. Until this time, we retain ownership of the products and are entitled to sell them in the ordinary course of our business. You may not cancel or vary your order once it has been accepted, except in accordance with paragraph 7 below.
5.3 If we are unable to supply you with a product, for example because that product is not in stock or no longer available or because of an error in the price on our website, we will inform you of this by e-mail and we will not process your order. If you have already paid for the products, we will refund to you the full amount as soon as possible, and in any event within 30 calendar days of the day of our notification.
6. Our right to vary these terms
We may revise these Terms at any time but, in respect of any ordered goods, the terms and conditions which apply shall be those which you accepted when you placed your order. Otherwise, no alteration of these terms and conditions shall apply unless agreed in writing between us and you.
7. Your consumer right of cancellation and refund
The following paragraphs 7.1 to 7.4 only apply to EU consumers outside of Germany only.
7.1 If you are a consumer, you have a legal right to cancel a contract no longer than 14 calendar days after the day on which you receive the products. This means that during this time if you change your mind or for any other reason you decide you do not want to keep a product, you can notify us of your decision to cancel the contract and receive a refund. You just need to tell us that you wish to cancel the contract. The easiest way to do this is to use our Cancellation Form (a copy is available at the bottom of these Terms). You can also give written notice to us by hand or post, fax or email, at the address, fax number or email address for Customer Services, giving details of the products ordered and (where appropriate) their delivery.
7.2 You will receive a full refund of the price you paid for the products. Please note that we are permitted by law to reduce this refund to reflect (or require you to pay to us an amount equal to) any reduction in the value of the products caused by your handling them in a way which would not be permitted in a shop. You will also receive a refund of any applicable delivery charges you paid for although, as permitted by law, the maximum refund will be the delivery charge for our least expensive delivery method (this does not include the delivery charges that you might pay to return the item, please see paragraph 7.4 below)
7.3 We will process the refunds due to you as soon as possible and, in any case, within 14 calendar days of the day on which we receive the products back from you or, if earlier, the day on which you provide us with evidence that you have sent the products back to us. We will refund you on the same means you used to pay.
7.4 If the products were delivered to you: (a) you must return the products to us without undue delay (and in any event within 14 calendar days after the day on which you informed us that you wished to cancel the contract); and (b) if you are returning the products from outside the UK, you will be responsible for the cost of returning the products to us unless the products are faulty or not as described. Please see our Returns page for further information about returning products (including our returns address). If you do not return the products as required, we may charge you for the direct costs of recovering the products.
The following paragraphs 7.5 to 7.7 only apply to consumers in Germany.
Statement of cancellation policy
7.5 You can cancel the contract within 14 days without having to state your reasons. Cancellation shall be done in writing (e.g., letter, fax, email) , via a telephone call or by returning the product(s) with a clear statement unequivocally setting out your decision to cancel. The two-week period shall commence: (i) on the day that the products reach you or a third party other than the carrier, acting on your behalf (in the case of multiple products ordered by you in one order and delivered separately or in case of delivery of a product consisting of multiple lots or pieces on the day that the last product, lot or piece of the delivery reaches you or a third party other than the carrier, acting on your behalf; in the case of regular delivery of similar goods during defined period of time on the day that the first part of the delivery has reached you or a third party, other than the carrier, acting on your behalf) and before we have discharged our obligation to inform you in accordance with Introductory Act of the German Civil Code, Article 246a para. 1 in connection with para. 3 and 4 and German Civil Code, s. 312 i (1), first sentence in Connection with Introductory Act of the German Civil Code, Article 246c; or (ii) if later, on the day on which we provide you with the information required pursuant to section 356 (1), first sentence of the German Civil Code. Where we do not provide the information referred to in paragraph 7.5(ii)), the two-week period shall be deemed to expire 12 months and 14 days after the products have reached you as described in paragraph 7.5(i).
7.6 The cancellation period shall be deemed met if the cancellation notice is sent prior to the expiry of such period. For your cancellation notice you may use the Model Withdrawal Form (a copy of this is provided at the end of these Terms) or provide another express statement of cancellation.
The cancellation notice can also be addressed to:
The Dune Group Customer Services, 6-11 Elms Depot, Cambridge Road, Whetstone, LE8 6AB, United Kingdom
Or by email to: firstname.lastname@example.org
Consequences of cancellation
7.7 In the event of effective cancellation, the benefits mutually received shall be returned; any benefits already realised shall (e.g. interests) be returned as well. If you fail to return to us the benefit in full or in part, or only in a deteriorated condition, you may be liable for damages. You may pay damages only with regard to the deterioriation or realised benefits if the deterioriation or realised benefits are stemming from a use of the product(s) in excess of what is needed to testing the characteristics and functioning. "Testing the characteristics and functioning" means the testing and try out of products that is common and possible in a physical shop. Items that can be sent as a package should be sent back on our risk. You must bear the costs of the return shipment if the delivered good corresponds to the ordered good and if the price of the item being returned does not exceed an amount of €40 or, in case of a higher price of the item, if you have not yet paid in whole or made a contractually agreed upon partial payment at the time of the revocation. Otherwise the return shipment is free of cost for you. Items that cannot be sent as a package are picked up from you. You must fulfill obligations to recompense payments within 30 days after the declaration of revocation has been sent. This deadline commences for you with sending the cancellation or with returning the product, for us with the receipt of either the cancellation or the product.
End of statement of cancellation policy
8. Other returns
In addition to the consumer right of cancellation set out in paragraph 7, if you are unsatisfied with the quality of the goods or have any other complaint about them, you should contact Customer Services as soon as possible for a refund or replacement. Unworn footwear can be returned in accordance with our returns policy, as set out on the Returns page. If you contact Customer Services our friendly advisers will explain the return procedures. As a consumer, you will always have legal rights in relation to products that are faulty or not as described. These legal rights are not affected by the returns policy in these Terms.
9. Delivery within the EU
9.1 In the EU, the ordered goods will be delivered to the address entered by you on the online order. If there is no one at the address given who is competent to accept delivery of the goods, you will be notified of an alternative delivery date or a place to collect the goods. Ordered goods will normally be delivered within the time set out on our Delivery page, unless otherwise notified to you by us and, in the EU, in any event within 30 days of your order.
9.2 This paragraph 9.2 only applies if you are a consumer. If we are unable to deliver the goods in the EU within 30 days of our shipping confirmation email for your order, we will inform you as soon as possible and you will be entitled to cancel the contract and obtain a refund or re-credit for any sum that has been paid by you or debited from you credit card for the goods and their delivery if: (a) we have refused to deliver the goods; (b) delivery within the delivery deadline was essential (taking into account all the relevant circumstances); or (c) you told us before we accepted your order that delivery within the delivery deadline was essential. If you do not wish to cancel the contract straightaway, or we do not deliver the goods within 30 days of our shipping confirmation email for your order and you do not have the right to cancel you’re the contract under the preceding sentence, you can give us a new deadline for delivery, which must be reasonable, and you can cancel the contract if we do not meet the new deadline. If you choose to cancel the contract for late delivery under this paragraph 9.2, you can do so for just some of the goods or all of them (unless splitting them up would significantly reduce their value). If the products have been delivered to you, you will have to return them to us or allow us to collect them, and we will pay the costs of this.
9.3 Except as set out in this paragraph 9, we will not be liable for any loss or damage suffered by you through any reasonable or unavoidable delay in delivery.
9.4 The products will be your responsibility from the completion of delivery or you collect them from us (as the case may be).
10. Delivery outside the EU
We only deliver to the countries listed on the Delivery page. There may be restrictions on some products for certain international delivery destinations, so please review the information on this website carefully before ordering products. If you order products from our website for delivery outside the EU, your order may be subject to import duties and taxes which are applied when the delivery reaches that destination. Please note that we have no control over these charges and we cannot predict their amount. You will be responsible for payment of any such import duties and taxes. You must comply with all applicable laws and regulations of the country for which the products are destined. We will not be liable or responsible if you break any such law.
11. Price of products and delivery charges
11.1 The prices of the products will be as quoted on our website from time to time. We take all reasonable care to ensure that prices shown in our website are accurate at the time you place your order. If an error is found prior to dispatch of the goods, we will inform you as soon as possible and offer you the option of reconfirming your order at the correct price or cancelling your order. If you cancel, we will refund or re-credit you for any sum that has been paid by you or debited from your credit card for the goods. Please note that if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, we do not have to provide the products to you at an incorrect (lower) price.
11.2 Prices for our products may change from time to time, but changes will not affect any order which we have confirmed with a shipping confirmation email. The price of a product includes VAT (where applicable). We cannot refund any VAT charges, except where the entire price of the product has been refunded. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the products in full before the change in VAT takes effect. The price of a product does not include delivery charges. Our delivery charges are as quoted on the Delivery page from time to time.
12. How to pay
Payment for goods ordered can be made by any method shown in this website at the time you place your order. All payments are taken in British Pounds for orders placed through the UK version of the website, in Euros for orders placed through EU versions of the website and in US Dollars for all other versions of the website, and all purchases are inclusive of VAT (if applicable) at the prevailing rate. Payment for the products and all applicable delivery charges is in advance.
13. Our liability if you are a business
This paragraph 13 only applies if you are a business.
13.1 We only supply the products for internal use by your business, and you agree not to use the product for any re-sale purposes. We shall be under no liability in respect of any defect in the goods arising from fair wear and tear, wilful damage, negligence, abnormal usage conditions, failure to follow our instructions, misuse or alteration or repair of the ordered goods without our approval.
13.2 Nothing in these Terms limit or exclude our liability for (a) death or personal injury caused by our negligence; (b) fraud or fraudulent misrepresentation; (c) breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); (d) defective products under the Consumer Protection Act 1987; or (e) anything for which liability cannot be excluded by applicable law.
13.3 Subject to paragraph 13.2 above, we will under no circumstances whatsoever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the contract for any loss of profits, sales, business, or revenue; loss or corruption of data, information or software; loss of business opportunity; loss of anticipated savings; loss of goodwill; or any indirect or consequential loss. Our total liability to you in respect of all other losses arising under or in connection with the contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the price of the products.
13.4 Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the products. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law, regulation or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the products are suitable for your purposes.
14. Our liability to consumer
This paragraph 14 only applies if you are a consumer.
14.1 We only supply the products for domestic and private use. You agree not to use the product for any commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
14.2 We shall be under no liability in respect of any defect in the goods arising from fair wear and tear, wilful damage, negligence, abnormal usage conditions, failure to follow our instructions, misuse or alteration or repair of the ordered goods without our approval.
14.3 We do not in any way exclude or limit our liability for (a) death or personal injury caused by our negligence; (b) fraud or fraudulent misrepresentation; or (c) anything for which liability cannot be excluded by applicable law.
14.4 For consumers in Germany, note that claims under the German Act on Product Liability are not excluded.
15. Events outside our control
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control means any act or event beyond our reasonable control. If an Event Outside Our Control takes place that affects the performance of our obligations under a contract our obligations under a contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
16. Gift vouchers and promotional discounts
16.1 Unfortunately, Dune gift vouchers and cards cannot be used to purchase goods online at dunelondon.com.
16.2 Coupons, discounts and promotional discount codes offered by dunelondon.com are valid only for use as part of a purchase made at dunelondon.com or for telephone orders, unless otherwise stated. Such promotional discounts are not valid for use as part of a purchase in Dune shops.
17. Other important terms
17.1 Where the products are to be delivered separately and are not part of a periodical delivery, each delivery shall constitute a separate contract. If we fail to deliver any one or more of the instalments in accordance with these Terms, or if you make a claim in respect of any one or more instalments, this does not entitle you to treat the contract as a whole as void.
17.2 We may transfer our rights and obligations under a contract to another organisation, but this will not affect your rights or our obligations under these Terms. You may only transfer your rights or your obligations under these Terms to another person if we agree in writing. This contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties Act) 1999 or otherwise.
17.3 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
17.4 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
17.5 If you are a consumer, please note that these Terms are governed by English law as Dune Group Limited is an English company. This means a contract for the purchase of products through our website and any dispute or claim arising out of or in connection with it will be governed by English law if the laws of your habitual residence do not prevail, e.g. because they cannot be derogated. You and we both agree that the courts of England will have non-exclusive jurisdiction.
17.6 If you are a business, these Terms are governed by English law. This means that a contract for the purchase of products through our website, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), will be governed by English law. We both agree to the exclusive jurisdiction of the courts of England.
Model cancellation form
I/We [ ] hereby give notice that I/We cancel my/our order number [ ] and contract of sale of the following goods [ ].
Ordered on [ ] /received on [ ],
Name of consumer(s), [ ],
Address of consumer(s), [ ],
Signature of consumer(s), (only if this form is notified on paper), [ ],
Date [ ],