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Terms and Conditions

Welcome to www.duskfashion.com. This website is owned by Roman Originals PLC. These Terms and Conditions refer to:

  1. Your use of the www.duskfashion.com website or any subsequent URL which may replace it (the "Website"); and
  2. Your relationship with Dusk and Roman Originals, with whom you will enter into a contract for the purchase of any products advertised on the Website (the "Products") that you decide to order. Any references to "us" or "we" in these Terms and Conditions are to Dusk and Roman Originals.

Please read these Terms and Conditions carefully as they contain important information relevant to your use of the Website. If you do not agree to be bound by these Terms and Conditions, please do not register for, or use the Website. Please note that to purchase any of the Products, you are first required to register as an authorised user on the site.

Your Statutory Rights

Nothing in these Terms and Conditions affects your statutory rights as a consumer.

Use of the Website

You are provided with access to the Website in accordance with these Terms and Conditions free of charge and for your personal and non-commercial use only. By using the Website, you agree to be bound by these Terms and Conditions as amended from time to time. You will be asked to confirm your acceptance of these Terms and Conditions on registration.

Amendments

Dusk reserves the right to amend these Terms and Conditions at any time without any prior notice. It is your responsibility to check regularly to determine whether the Terms and Conditions have been amended, and your continued use of the Website (or any part thereof) following any amendment will be deemed to be an acceptance by you of such amendment. Accordingly, the supply to you of Products will be governed by the Terms and Conditions that were current when you placed your order.

Registration

You must be aged 18 years or over and have completed our registration process before you can make purchases from the Website. You must ensure that the personal details which you are required to provide when you register on the Website or at any other time are accurate, current and complete in all respects and you must inform Dusk immediately of any changes to that information by updating your personal details either on the Website or by contacting our Customer Services Department. By registering your details with us, you agree to receive email communications from us. You may unsubscribe at any time.

Personal Use

You may only purchase Products if they are for personal, non-commercial use.

Security and Limitations of Use

When you register on the Website, you will asked to enter a password of your choice. This must be kept confidential. We recommend that you change your password regularly by editing your personal details on the Website or by contacting Customer Services. You are responsible for maintaining the confidentiality of your password. If you know, or suspect that another person knows your password, you must notify us immediately by contacting Customer Services. We will not be liable to you or any other person for loss or damage which may arise as a result of any failure by you to protect your password. You may not use the Website for any unlawful or unauthorised purpose, including without limitation, in the following ways:

  1. Distributing any unlawful, libellous, abusive, threatening, harmful, obscene, or otherwise objectionable material; and
  2. Transmitting material that constitutes a criminal offence, results in civil liability or otherwise breaches any relevant laws, regulations or code of practice. Gaining unauthorised access to other computer systems interfering with any other person's use or enjoyment of the Website.

If Dusk has any reason to believe that there is likely to be a breach of security or misuse of the Website, we may require you to change your password or may suspend your use of the Website.

Placing Your Order

Orders can only be placed or cancelled by you if you have registered with us in accordance with section 'Registration' above. No other person may place or cancel orders with us on your behalf.

Your order is an offer to buy any Product or Products from us and is subject to acceptance by us. There will be no contract between you and Dusk for the supply of any Products unless and until we accept your order.

Our acceptance of your order will take place when we debit your credit/debit card with the price of your order in accordance with section 'Paying For Your Goods' below, and on the day that your order is picked and packaged. Dusk will then send to you an email confirmation. The contract between you and Dusk is deemed to have been made at the place from which this confirmation email is sent to you. You may from time to time receive despatch confirmation from our carriers, this is not part of Dusk contract with you. We reserve the right to cancel the contract at our discretion up until the point your order has been delivered to your specified shipping address.

Cancellations, Returns and Refunds Policy

Returns by Post

Under the Distance Selling Regulations, you have the right to cancel your order within seven days of purchase for a full refund. To cancel an order you must inform us in writing (by email) or phone within seven days of purchase and return the item(s) to us. You should take reasonable care of the items while they are in your possession and you will need to return the cancelled order to us—should you choose to return a cancelled order to us, you will be liable to cover your own postage charges; uses of our prepaid returns label will incur a £3 charge deducted from your refund. Your refund will be processed on receipt of the goods or in fourteen days (with proof of postage) whichever is the soonest.

Please note we are unable to prevent the dispatch of an order that has already been sent to our warehouse (this is typically within 10 minutes of your order being placed), you will need to return your order by post to us and the return will be processed subject to our normal terms and conditions.

Where a refund is agreed, we will credit your credit or debit card with the agreed refund amount.

For more information on delivery and returns, please see our Delivery and Returns Policy.

Returns to Store

We are happy to exchange any item returned to our Roman Originals stores with your receipt within 60 days (excluding delivery charge or discounts). In the unlikely event you are unable to find anything to exchange, we will offer you the refund on a Gift Card.

Please note that branded items cannot be returned to store and must be returned by post to the Returns Department.

Christmas Extended Returns

Purchases made between 1st November and 24th December can be returned up until 13th January or 30 days from receipt, whichever is greater.

Product Availability

The supply of Products to you is subject to availability of those Products. Dusk reserves the right to withdraw Products from sale without any notice.

If the item you have requested is not available we will try to provide you with a suitable alternative product, matching your original choice as closely as possible.

Product Information

Whilst Dusk takes reasonable endeavours to advertise the Products accurately, we cannot guarantee the accuracy of all information provided related to the Products, including, without limitation, photographs and/or other images of the Products.

Please be aware that whilst we take great care in ensuring all garment images are accurate, colours in images may vary depending on your personal screen settings

Pricing

Details of the total price, and the total amount debited from your credit/debit card, will be sent by email confirmation once your order has been processed.

Where applicable, your order may be subject to a delivery charge.

All prices are inclusive of VAT at the current rates (where applicable) and are correct at the time of entering the information onto the system. We reserve the right to change prices without prior notice and to refuse any transactions. However, this will not affect orders that have been accepted.

The total cost of your order is the total final price of the Products ordered plus any applicable delivery charge as set out on the Website.

All prices quoted are in British (Sterling) Pounds.

Paying For Your Goods

You can pay for Products purchased from us by using any of the credit or debit cards which are displayed on the payment pages of the Website. We do not accept any other cards or any other method of payment (including without limitation cash, cheques or postal orders). You must give us authority for payment at the time of order, although your account will not be debited until your order is processed for payment, on the day your order is picked and packed.

Ownership of the Products will not pass to you until your card has been debited. You confirm that the credit or debit card that is being used for payment is yours. All cardholders are subject to validation checks and authorisation by the card issuer. We will not deliver any Products prior to these checks and authorisations being completed. If your card issuer refuses to authorise payment to us, we cannot accept your order, and will not be liable for any consequent delay or non-delivery.

Delivery of Products

We deliver Products throughout the UK and worldwide.

Any equipment utilised by us in the delivery or collection of Products remains our property.

We will endeavour to deliver orders accepted within 5–7 working days in accordance.

Deliveries are made Monday to Saturday between the hours of 8am and 6pm (except Bank Holidays). We cannot specify a time for the delivery.

Deliveries to more remote areas may carry an additional delivery charge.

Products cannot be delivered to PO Boxes.

For more information on delivery and returns, please see our Delivery and Returns Policy.

Checking Your Details

Incorrect personal details may lead to problems or delays in delivery, so before placing your order, please ensure that you have included the full address details, including accurate postcode of the intended recipient and your daytime contact telephone number or email address so that we can notify you in the event that any delivery problems are encountered.

Disclaimers

Nothing in this section affects your statutory rights.

The services provided by Dusk do not include the provision of computer or other equipment required for accessing the Website.

We shall not be liable for any telephone or other costs that you may incur in accessing the Website.

Although Dusk aims to offer you the best possible service, and makes every effort to ensure that the Website is free from viruses or defects, we cannot guarantee that the Website services will always meet your requirements or be fault free. If a fault occurs in any of the Website services you should report it to Customer Services and we will attempt to correct the fault as soon as we reasonably can. We cannot guarantee that your use of the Website or any websites accessible through it will not cause damage to your computer. It is your responsibility to ensure that the right equipment is available to use the Website and to screen out anything that might damage it. We shall not be liable to any person for any loss or damage that may occur in relation to computer or other equipment as a result of using the Website.

We cannot guarantee a continuous, uninterrupted Internet presence especially where maintenance, repairs, modifications or upgrades to the Website have to be carried out, or in circumstances beyond our control.

We reserve the right to alter or withdraw the Website at any time without notice.

We reserve the right to terminate your ability to shop via the Website if your conduct is found to be inconsistent with these Terms and Conditions or on any other reasonable grounds. On termination you must immediately stop using the Website.

The Website is directed solely at residents of the United Kingdom (England, Scotland, Wales and Northern Ireland). We make no representation that the purchase or use of any of the Products is appropriate or legally permitted elsewhere.

To the fullest extent permitted by law, we disclaim all warranties (express or implied) as to the accuracy of information contained in any of the material on the Website and we shall not be liable to any person for any loss or damage arising from the use of any of the information contained in any of the materials on the Website.

To the fullest extent allowed by applicable law, you agree we shall not be liable to you/or any third party for any delay in delivery, loss of revenue, loss of profits, loss of anticipated savings, wasted expenditure, loss of privacy and loss of data nor for any special indirect or consequential or incidental damages or any other costs expenses or other claims whatsoever that arise out of or are related to the Website or the Products.

Certain links on the Website lead to other websites that are not under our control. When you activate this kind of link you will leave the Website, and we will not accept any responsibility for any material on any website which is not under its control.

The content of all advertising and or sponsorship material on the Website is the responsibility of the relevant advertiser and/or sponsor. We will not be responsible for the accuracy or otherwise of any such material on the Website.

We will not be responsible for any breach of these Terms and Conditions that is caused by circumstances beyond our control. We do not make any promise that materials on the Website are appropriate or available for use outside the United Kingdom, and accessing the Website from territories where its contents are illegal or unlawful is prohibited. If you choose to access the Website from outside the United Kingdom, you do so at your own risk and are fully responsible for ensuring compliance with local laws if and to the extent that local laws are applicable.

Nothing in this Disclaimer section or elsewhere in these Terms and Conditions shall act to limit or exclude our liability for death or personal injury caused by the negligence of Dusk or its agents or employees.

Reservation of Intellectual Property Rights

You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all material or content supplied as part of the Website shall remain at all times vested in Dusk, Roman Originals and all other names, images, pictures, logos and icons identifying Dusk, Roman Originals or its services are, unless otherwise stated, trademarks or trade names of Roman Originals PLC in the UK and other countries.

Other Product and company names mentioned in the Website may be trademarks of their respective owners. All intellectual property rights in the design, content and arrangement of the Website (including its text and graphics, all software compilations or underlying source code, and all other material on the Website) are reserved to Dusk and Roman Originals, its affiliates or content and/or technology providers.

You may print or copy parts of the Website in connection with ordering Products from us but you may not use any materials contained in the Website for any other purpose.

Indemnity

You agree to fully indemnify, defend and hold Dusk and Roman Originals officers, directors, employees, agents and suppliers harmless immediately on demand, from and against all claims, liability, damages, losses, costs and expenses including reasonable legal fees and/or settlement sums reasonably suffered, incurred or paid by us arising out of any:

  1. Breach of the Terms and Conditions by you or any other person accessing the Website using your password and/or your personal details;
  2. Claim by a third party that your use of the Website is defamatory, abusive or offensive, is of an obscene or pornographic nature, is illegal or constitutes a breach of any applicable law, regulation or code of practice;
  3. Claim by a third party that your use of the Website infringes that party's intellectual property rights of whatever nature; and
  4. Penalties imposed by any regulatory authority in connection with your use of the Website.

Miscellaneous Provisions

You may not assign, sub-license or otherwise transfer any of your rights under these Terms and Conditions without our prior written permission.

If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of that provision will not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect.

If you breach these Terms and Conditions and we ignore this fact, we will still be entitled to use its rights and remedies at a later date or in any other circumstances where you breach the Terms and Conditions.

A person who is not a party to these Terms and Conditions shall have no right under the Contract (Rights of Third Parties) Act 1999 to enforce any term of these Terms and Conditions but this shall not affect any right or remedy of a third party which exists or is available apart from that Act.

These Terms and Conditions represent the entire agreement between you and Roman Originals in relation to the purchase by you of the Products from us and supersede all prior agreements, arrangements and undertakings between you and us relating to the purchase by you of the Products from us.

Nothing in these Terms and Conditions shall operate to exclude or limit our liability for any fraudulent misrepresentation.

Notices

Notices may be served by personal delivery or by first class post or by facsimile. Notices shall be deemed to be served on delivery when delivered personally; or on receipt of a printout confirming due transmission when transmitted by facsimile; or two (2) days after mailing if sent by mail, provided the postage is properly paid and such notice is correctly addressed.

Privacy

Dusk and Roman Originals take privacy seriously. To help us ensure the best possible service standards, some telephone calls may be recorded.

To ensure that your credit, debit or charge card is not being used without your consent, we will validate name, address and other personal information supplied by you during the order process against appropriate third party databases.

By accepting these Terms and Conditions, you consent to such checks being made. In performing these checks, personal information provided by you may be disclosed to a registered Credit Reference Agency which may keep a record of that information. You can rest assured that this is done only to confirm your identity, that a credit check is not performed and that your credit rating will be unaffected. All information provided by you will be treated securely and strictly in accordance with the Data Protection Act 1998.

We may send you marketing messages by email, SMS, social media and post about ourselves and our products where you have not unsubscribed and where you have purchased similar products or otherwise signed up or consented to receive marketing messages from a brand or entity. You have the right to withdraw your consent to processing of this nature at any time by contacting our customer care team or by unsubscribing within our marketing emails.

Please see our Privacy Policy for more information.

Promotional Offers

If you return any item bought as part of a multi-buy discount offer, you will be refunded the full price of that item less the total discount given in the offer.

For example: The offer is 'Spend over £100 and get £20 Discount'—you buy 2 items at £50, totalling £100 and pay only £80. If you then return 1 item at £50, we will refund you £30 (which is £50 minus the £20 discount).

If you return all items purchased with the multi-buy discount you will be refunded with the full multi-buy value. If the value of your return is less than the amount discounted, you will not receive a refund.

Voucher Codes

Dusk voucher codes entitle you to an offer on your online order on www.duskfashion.com. To utilize your voucher code, click the 'Voucher Code' link at checkout and enter the specific code.

Please note that voucher codes can only be used once per transaction and cannot be used in conjunction with any other promotion or offer. Voucher codes are valid on full price items only unless otherwise stated. Voucher codes remain our property, are not transferable and are not valid for the purchase of gift cards, returns labels or delivery charges.

There is no cash alternative, and we reserve the right to withdraw them and refuse or restrict any order at any time.

Complaints

We operate a complaints handling procedure which we will use to try to resolve disputes when they first arise. Please let us know if you have any complaints or comments.

If your dispute remains unresolved, you may be eligible to use the European Commission’s Online Dispute Resolution platform here.