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TERMS & CONDITIONS
Please read carefully the following terms and conditions of use for the www.blackdust.com website ("Site") and the ordering and sale of products (“Products”) to you (“Terms & Conditions”). Please save or print a copy of these Terms & Conditions for future reference.
1. ABOUT US
The Site and Products are provided by BlackDust registered under the name of Sharif Fashions UK LTD. “We/us” refers to BlackDust as a registered trade mark of Shari Fashions UK LTD, as the context requires. The registered address for BlackDust is Unit 24 River Road Business Park, 33 River Road, Barking IG11 0EA. Sharif Fashion UK LTD is a company registered in England and Wales under company number 5681364 its VAT number is 873160034. BlackDust is responsible for the sale of the Products to you and delivery within the UK and Isle of Man and other non EU destinations.
3. USE OF THE SITE
You may access the Site solely for your own personal use. You must not use any content of the Site for any commercial or illegal purpose.
By submitting any material to us ('Material') you acknowledge that we may copy, modify, distribute or create a derivative work from the Material in any manner that we shall determine. You will indemnify us if any third party takes action against us in relation to the Material.
We reserve the right to charge you to access certain information on the Site. We will inform you where a charge will be incurred by you for accessing certain services or information.
You must not cause any nuisance, annoyance or inconvenience to us, our customers or our users of the Site.
You must not submit any Material which is defamatory, offensive, menacing or obscene to the Site or which in our Judgment may cause nuisance, annoyance, damage or offence, inconvenience to us or any other person or which is illegal. We may remove such material from the site at any time without notice to, or consent by, you.
We reserve the right to suspend the Site at any time for operational, regulatory, legal or other reasons. We may terminate your use of the Site with immediate effect if you breach any of these Terms & Conditions.
You take responsibility for access to your computer or mobile device and you will maintain your account and password confidential and to the extent permissible by law, you accept responsibility for the activities that occur under your account or password.
4. DEALINGS WITH THIRD PARTIES
The Site may provide, or third parties may provide, links to other websites or resources and promotions of advertisers and merchants. As we have no control over such sites and third party resources, you acknowledge that we are not responsible for the availability of such external sites or third party resources, do not endorse and are not liable for any content, advertising, products, services or other materials on or available from such sites or third party resources. Any dealings by you with any third party on or through the Site shall be solely between you and that third party and we shall not be responsible for any loss or damage that may arise from any such dealings, nor shall we be deemed to be acting as an agent for you in any such dealings.
5. INTELLECTUAL PROPERTY RIGHTS
The Site and its content are protected by intellectual property rights, including copyright and trade marks, as detailed in our Copyright and Trade Mark Notice. Except as expressly authorised by us or relevant third parties, you agree not to copy, download, adapt, alter, modify, rent, lease, loan, sell, distribute or create derivative works of any content of the Site, in whole or in part.
Your use of the Site is at your sole risk. The Site is provided on an "as is" and "as available" basis and we do not guarantee that the Site will be suitable for your purposes or requirements. If your PC or mobile device does not support relevant technology including encryption, you may not be able to use certain services or access certain information on the Site. The Site is accessed via the World Wide Web which is independent of us. Your use of the World Wide Web is solely at your own risk and subject to all applicable national and international laws and regulations. We shall have no responsibility for any information or services obtained by you on the World Wide Web.
The content of the Site has been compiled from a variety of sources and is subject to change without notice. We use reasonable care in compiling and presenting the content of the Site, but we give no guarantee that the content is complete, accurate, error or virus free or up to date. We will have no responsibility for any variations in colour or appearance caused by your browser software or computer system. Product specifications and descriptions are not intended to be binding and are intended to only give a general description of the products.
So far as permitted by law, we disclaim all warranties, conditions and other terms of any kind, whether express or implied, whether in contract, tort (including liability for negligence) or otherwise, including, but not limited to any implied term of satisfactory quality, fitness for a particular purpose, and any standard of reasonable care and skill. We will not be liable for any delay or failure to perform or comply with our obligations under these Terms & Conditions if the delay or failure arises from any cause, which is beyond our reasonable control.
7. LIMITATION OF LIABILITY
So far as permitted by law, and except in respect of death or personal injury arising from negligence, we exclude any liability for loss or damage of any kind resulting from the use of the Site (including the reliance upon any information contained on it). We are not responsible for any delay or failure to comply with our obligations under these Terms & Conditions. This does not affect your legal right to have Products sent within a reasonable time or to receive a refund if Products cannot be supplied within a reasonable time.
8. GENERAL INFORMATION
These Terms & Conditions together with any further terms for the purchase of Products and documentation and materials referenced in these Terms & Conditions including our Delivery Options and policy on Returns constitute the entire agreement between you and us.
Any failure by us to exercise or enforce any right or provision of the Terms & Conditions shall not constitute a waiver of such right or provision. These Terms & Conditions and the relationship between you and us shall be governed by the laws of England and the English courts shall have the exclusive jurisdiction over any dispute.
We reserve the right to vary these Terms & Conditions and any of our policies from time to time, such variations becoming effective immediately upon posting to the Site and by continuing to use it, you will be deemed to accept any such variations.
You will be subject to these Terms & Conditions as in force at the time that you ordered Products from us, unless any change to those terms and conditions is required by law in which case it may apply to order previously placed by you.
9. COPYRIGHT AND TRADE MARK NOTICE
All content on this Site is protected under the Copyright, Designs and Patents Act 1988 and is Copyright © by BlackDust (part of Sharif fashions UK LTD) , where applicable, independent content providers and third parties. All rights are reserved. Reproduction and/or transmission of any content, by any means, without the express permission of the owner is prohibited by law.
BlackDust, and/or marks on the Site are trademarks of Sharif Fashions UK LTD.
You agree that your order is an offer to purchase the Products from BlackDust ( and any associated delivery services from BlackDust. All orders are subject to acceptance by us. We may choose not to accept your order for any reason without liability to you.
After submitting an order, we will send you an order acknowledgement email with your order number and details of the Products you have ordered from us and details of any delivery services you have ordered from us.
Please note that this email is an acknowledgement that we have received your order and is not an acceptance of your order. Acceptance of your order and the formation of:-
(a) a contract of sale for the Products between BlackDust (part of Sharif fashions UK LTD) and you; and
(b) as applicable a contract for any delivery services between you and either Contracts Limited in respect of residents in the EU but excluding UK and the Isle of Man; BlackDust (part of Sharif fashions UK LTD) in respect of delivery to residents in the UK and the Isle of Man or residents outside of the EU will not take place unless and until the earlier of (i) the date on which BlackDust receives payment in full or (ii) when BlackDust dispatches the Products to you or the Products are collected from BlackDust on your behalf pursuant to your delivery.
The price of the Products and our delivery charges will be as quoted on the Site from time to time. All prices (including prices for Delivery Services are stated in the in the Delivery section. If your order is to be delivered within the European Union, both the product price and delivery services price include applicable VAT or sales tax payable. If your order is to be delivered outside the European Union, it may attract additional import duties and local sales taxes which you will need to pay on receipt of the shipment. We may vary the prices at any time and without any notice. From time to time, Limited or Contracts Limited will offer a promotion in conjunction where delivery charges are reduced, in some cases to zero. In such cases for delivery to EU residents outside the UK and Isle of Man, BlackDust will pay delivery charges to Contracts Limited on your behalf.
Delivery charges are itemised on the order acknowledgement issued by BlackDust. Where applicable, BlackDust receives the delivery charge on behalf of the delivery companies.
Our Site contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on our site may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a Product's correct price is less than our stated price, we will charge the lower amount when dispatching the Product to you. If a Product's correct price is higher than the price stated on our Site, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or cancel your order and notify you of such cancellation.
When you make a purchase for Products and delivery services as applicable from BlackDust (part of Sharif fashions UK LTD) please make sure you do this in the currency of your bank or credit card. Please note that it is common practice for banks and credit card providers to have different selling and buying exchange rates for currency. We do not accept responsibility for charges or differing rates of currency exchange levied by a customer's bank or credit card provider. Prices for Delivery Services provided by Contracts Limited are stated in the currency specified in your country in our Delivery section.
Any Products purchased prior to any markdowns or discount offered will not be refunded the difference. You may return the higher priced item in its original condition, to us for either a refund or an exchange. However, if returned for an exchange, this is subject to availability.
Outlet/Sale section – All ‘was' pricing is the original RRP. ‘Now' pricing reflects the latest markdown price.
More information about the payment methods that we accept are set out on the Site. You confirm that the credit/debit card or payment method that is being used is yours and that all details you provide to us in respect thereof including, without limitation, name and address details are complete, correct and accurate . You further confirm that the credit/debit card or payment method is valid and the inputted payment details correct. All credit/debit cardholders and any payment account holders are subject to validation checks and authorisation by the card issuer or payment method provider. If the issuer of your card refuses to authorise payment, we will not accept your order and we will not be liable for any delay or non-delivery and we are not obliged to inform you of the reason for the refusal.
We are not responsible for any charges or other amounts applied by your card issuer or bank or payment method provider as a result of our processing of your credit/debit card payment or other method of payment in accordance with your order. If your credit/debit card or payment method is not denominated in the currency of your purchase indicated on the Site, the final price may be charged in the currency of your card or account. Such final price is calculated and charged by your card issuer or bank or payment method provider and therefore we shall not be responsible for any cost, expense, charge or other liability incurred or suffered by you as a result of your card issuer or payment method provider charging you in a currency other than the currency set out on the Site.
13. ORDER CANCELLATION RIGHT - COOLING OFF PERIOD
If you are a UK/EU consumer, you have the legal right to cancel your entire order within 14 days following the date on which you, or a third party other than the carrier and indicated by you, takes physical possession of the goods.
If you wish to exercise your right to cancel, you must inform us of your decision to cancel the contract in writing e.g. by Email firstname.lastname@example.org or a letter sent by post to Returns Department, BlackDust, Unit 24 River Road Business Park, 33 River Road, Barking IG11 0EA
The goods should be returned to us without undue delay and in any event not later than 14 days from the day on which you exercise your right to cancel.
You will be responsible for the cost of returning the goods unless your order is eligible for free returns, or we delivered the items in error to you or they were damaged or defective.
Please see our Returns Policy below for further details
If you exercise your right to cancel and return the goods to us with 14 days from the date on which you exercise your right to cancel, we will reimburse you the cost of the goods together with our standard delivery charges, without undue delay and in any event, no later than 14 days after we receive the goods, or you have supplied evidence of having sent back the goods, whichever is the earlier.
We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earlier.
We may make a deduction from the reimbursement for loss in value of any goods supplied, if the loss is the result of unnecessary handling by you.
We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise. In any event, you will not incur any fees as a result of the reimbursement.
For further information about your statutory rights, contact your local authority Trading Standards department or consumer advice centre (for example the Citizen's Advice Bureau if you are in the UK).
CLOTHING AND ACCESSORIES
You may return your purchased item(s) for an exchange or refund within 14 days of receiving it by sending the item(s) back to us at the address listed below. Please use the returns label supplied in your package, and include your dispatch note marked with the items being returned.
In addition, if you are a UK or EU consumer, you have the legal right to cancel your entire order within 14 days following the date on which you, or a third party other than the carrier and indicated by you, takes physical possession of the goods. If you exercise your right to cancel and return the goods to us with 14 days from the date on which you exercise your right to cancel, we will reimburse you the cost of the goods together with our standard delivery charges. Please see Section 13 ‘Order Cancellation Right – Cooling Off Period' above for further details.
We can exchange items for a different size or colour only. If you want a different item, please place a new order. If your requested replacement item is out of stock in the size or colour you have requested, a refund will be processed instead. If the price of the replacement item is different from the price of your original product, we will apply a credit, or contact you to obtain the additional payment as appropriate.
Please take care not to damage, scratch or mark any delicate goods or leather items when examining them.
All items should be wrapped carefully, in their original protective packaging where possible, to prevent damage during return shipping. BlackDust does not accept responsibility for any damage to which occurs during return shipping.
All items must be returned unused and in a fully resalable condition, with swing tags attached if possible. BlackDust reserves the right to deduct amounts from refunds, up to the full value, or refuse an exchange where unwanted items show signs of unreasonable handling or use and are deemed not to be resalable.
Please note are unable to offer refunds or exchanges on the following items (unless the items are faulty, or not as described): made to order items, or items with a security or hygiene seal or label, if the seal or label is broken, or has been tampered with (for example pierced earrings, underwear, swimwear, fragrance and toiletry products
Please send all returns (excluding HOMEWARE) to the following address: BlackDust, Unit 24 River Road Business Park, 33 River Road, Barking IG11 0EA using the returns label supplied in your package and including your returns note marked with the items returned and indicating whether you would like a refund or exchange.
Returns will be processed within 7 to 10 days, although this may vary during busy periods, including sale periods. You will receive a confirmation email once your return has been processed. We will endeavour to process your refund as quickly as possible, however, please allow up to 14 days after returning your items for refunds to appear in your account. Refunds are always credited to the original method of payment.
WILL IT COST ME TO RETURN AN ITEM?
Outside of sale period, we may offer promotional free standard delivery to UK addresses and on occasion returns from UK addresses when you spend £50 or more in one order (this will always exclude Homeware and Gift Cards). This offer will only apply to orders placed and paid for in GBP, and items returned in the same package.
If you order qualifies for free returns, we strongly recommend that you obtain and retain proof of posting as we do not accept responsibility for items that fail to arrive with us.
If your order is not eligible for free returns, you will need to cover the return postage costs unless the item is faulty or not as described. Faulty and incorrectly described items can be returned free of charge by contacting customer service. You can return your order using any postage service. However, we do not accept responsibility for items that fail to reach our distribution centre; therefore you may wish to send their parcel via a registered trackable service.
INTERNATIONAL RETURNS (CUSTOMERS RESIDING OUTSIDE THE UK)
Customers residing outside of the UK will be responsible for all costs associated with returning their order.
Please note: We can't be held responsible for overseas items that fail to reach their destination; therefore overseas customers may wish to send their parcel via a registered trackable service.
If your item is faulty or not as described, you have 30 days from delivery to cancel your order and receive a full refund. Thereafter, you will be offered a repair, replacement or refund (partial or full) depending on the item, date of delivery and usage.
If you believe your item is faulty, or not as described, please contact Customer Services on email@example.com Customer Services will be able to direct you on how to return your item to us free of charge so that it can be assessed by our returns team.
15. CUSTOMER SERVICE
The BlackDust service team act on behalf of BlackDust in respect provide customer services and complaint handling.
Unit 24 River Road Business Park,
33 River Road
Barking IG11 0EA
16. ALTERNATIVE DISPUTE RESOLUTION
The EU Commission provides an online dispute resolution platform (“ODR Platform”) for disputes regarding items bought online.
The EU Commission ODR platform can be accessed here: http://ec.europa.eu/odr
BlackDust Customer Services can be contacted Orders@blackdust.co.uk
Please note that unless otherwise stated on the Site, delivery times are estimates. Delivery times are not guaranteed delivery times and should not be relied upon as such.
Please see Delivery Options.
In respect of delivery services for EU customers excluding the UK and the Isle of Man, Contracts Limited provide delivery to you.
When ordering, you will be offered our delivery service once you reach the delivery address details page. Orders will be sent to the delivery address that you have given on your order form. We cannot be held responsible if that delivery address is incorrect or incomplete. Please note that we do not deliver to PO boxes. Please note that there are restrictions on the locations to which we deliver Products purchased from the Site. Details of the locations to which we deliver are available from us on request. Please see the UK Delivery and International Delivery Options.
When you have selected your preferred delivery method from those offered for your selected shipping destination and provided your order has been accepted by us, your order shall be processed by BlackDust and we will endeavour to despatch your order in accordance with the estimated delivery times set out on the UK Delivery or International Delivery pages of the Site. Orders received after any specified “cut off” or “last order” time or on a day which is not a working day (that is any day on which the banks are open for business in London which is not a Saturday or a Sunday), will be processed on the next working day. Estimated delivery times will be calculated from the date on which the order is processed.
Please note that all delivery options available on our Site may not be available via certain applications or when the Site is accessed using a mobile device.
Title in the Products will pass to you on the earlier of:-
(a) the date and time on which BlackDust receives payment in full for such Products; and /or
(b) the date and time when an authorised collection of Products on your behalf in respect of delivery to resident in the EU excluding UK and the Isle of Man from BlackDust for delivery to your nominated address. You shall be liable to for any damage to the Product that occurs between the time the Product collected on your behalf from BlackDust and the time at which deliver Product to you.
In the event that a Product is subsequently imported into a country other than the country to which we delivered the Product, you shall be responsible for complying with all local import requirements, laws, regulations and rules and paying all import taxes and duties as may be applicable in respect thereof.
19. PROMOTIONS DURING SALE
All promotions are invalid on sale items, giftcards unless specified otherwise in the Terms and Conditions
If your order is to be delivered outside the European Union, it may attract import duty and local sales taxes which customers will need to pay on receipt of the shipment. Any additional charges for customs clearance must be borne by you. These rules vary by country and your local government determines duty and customs charges, so you should contact your local customs office for further information.
21. INSTAGRAM RELEASE TERMS
Please read the following carefully. By responding to the message from our BlackDust Instagram account with "#BlackDust" you confirm your acceptance of the terms herein.
The terms below form a binding contract between BlackDust ("US", "WE", "OUR") and you which governs our (and/or any persons authorised by us) use of images, photos, graphics, data, text, usernames, audio and video clips, musical works or other material that you have submitted, posted or displayed on or via Instagram (collectively, "CONTENT").
For good and valuable consideration, the receipt of which is hereby acknowledged, you grant BlackDust a non-exclusive, fully paid and royalty-free, irrevocable, transferable, sub-licensable, worldwide license to use Content which is tagged with, marked by or otherwise bears any of our family of trading names, brand names, service marks and trade marks together with any trade dress, logos, symbols, names or words commonly used or associated with us ("TAGGED CONTENT").
You accept that we are under no obligation to use Tagged Content.
You understand that we may alter, adapt, copy, reproduce, translate, broadcast, exhibit, transmit, communicate to the public, deal with or otherwise exploit Tagged Content, or any portion thereof, in any format or medium now known or hereafter invented, whether or not such uses contain audio and/or the visual reproduction of you, and whether or not you are identifiable or unidentifiable.
You agree to irrevocably and unconditionally waive in perpetuity the benefits of any provision of law known as moral rights of authors or any similar law in any country in respect of Tagged Content.
You confirm that the Tagged Content is original to you, and its use by us (and/or persons authorised by us) in accordance with these Release Terms does not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy rights, publicity rights, copyrights, trademark and/or other intellectual property rights or breach any statute or regulation. You further confirm that the Tagged Content is not obscene, libellous, defamatory or constitute a contempt of court or breach of any duty of confidence.
You confirm that you are entitled to grant the rights referred to in these Release Terms, the exercise of which will not entitle any person to claim any payment from us (and/or any persons authorised by us) and no further clearances are needed for the use of Tagged Content by us (and/or any persons authorised by us) in accordance with these Release Terms. You agree to pay for all royalties, fees, and any other monies owed by reason of our (and/or any persons authorised by us) use of Tagged Content pursuant to these Release Terms.
You release us (and all employees, agents, and/or third parties associated with us) from all liability which may arise from any and/or all claims by you, or any third party in connection with our (and/or any persons authorised by us) use of Tagged Content pursuant to these Release Terms.
You confirm and agree that you have the legal right and capacity to enter into and perform these Release Terms in your jurisdiction.
In the event that any provision of these Release Terms is held to be invalid or unenforceable the remaining provisions will remain in full force and effect.
These Release Terms shall be governed and construed in accordance with English law and the parties agree to submit to the exclusive jurisdiction of the English Courts.
22. 10% OFF PROMOTION
Use the code received in an email to receive 10% off a full priced order www.blckdust.co.uk. The code must be used within 10 working days of receiving it. This discount is an online exclusive and only valid on full priced items. This offer excludes sale prices Gift Cards.
Offer is not valid in conjunction with any other offer or promotion or when using a Gift Card. There is no minimum spend attached to the offer.
BlackDust reserves the right to alter, amend or withdraw this offer without prior notice in the event that unforeseen circumstances make this unavoidable.
23. 25% OFF A FULL PRICED ORDEr
Use code at checkout to receive 25% off full priced items on www.blackdust.co.uk. The code must be used within 710 working days of receiving it.
The offer is not valid on sale items or gift cards. The offer is not valid in conjunction with any other offer or promotion or when using a gift card. There is no minimum spend attached to the offer.
BlackDust reserves the right to alter, amend or withdraw this offer without prior notice in the event that unforeseen circumstances make this unavoidable.
Terms & Conditions, 2017