Terms and Conditions

Last Updated: 10/11/24

Welcome to DUSTY ("we", "our", or "us"). These terms and conditions ("Terms") govern your use of our website and services (collectively, the "Service"). By accessing and using the Service, you agree to be bound by these Terms. If you do not agree with these Terms, please do not use the Service. 

1. Acceptance of Terms

By using the Service, you represent that:

  • You are at least 18 years of age or have legal parental or guardian consent.

  • You have the legal capacity to enter into a binding contract.

  • Your use of the Service does not violate any applicable law or regulation.

2. Privacy Policy

Your privacy is important to us. Please read our Privacy Policy to understand how we collect, use, and share your information when you use our Service. By using the Service, you agree to the collection and use of your information in accordance with our Privacy Policy.

We take the protection of your data seriously. DUSTY safeguards the security of the data you send us with physical, electronic, and managerial procedures. We urge you to take every precaution to protect your personal data when you are on the Internet. For more information, refer to our Privacy Policy.

3. User Accounts

To access certain features of the Service, you may be required to create an account. You agree to:

  • Provide accurate, current, and complete information during the registration process.

  • Maintain the security of your password and accept responsibility for all activities that occur under your account.

  • Notify us immediately of any unauthorized use of your account or any other breach of security.

4. User Responsibilities

When using our Service, you agree not to:

  • Engage in any illegal or unauthorized activity.

  • Infringe on the rights of others, including intellectual property, privacy, and contractual rights.

  • Transmit any malicious code, viruses, or harmful files.

  • Use our Service for any commercial purpose without authorization.

5. Lead Times

The lead times provided are for reference only and may vary based on availability, materials, and time of year.

6. Shipping

Our products ship via freight carriers. Once your order is ready for delivery, the freight carrier will reach out via phone or email to schedule a delivery appointment. Depending on the destination, transit times for freight shipments are typically 1-3 weeks.

We ship within the continental US using standard ground shipping from a variety of carriers.

For expedited shipping, alternative delivery options, or international shipping inquiries, please contact us at hello@dustynyc.com.

7. Returns

All sales are final and non-refundable.

8. Order Cancellation

Orders canceled after 24 hours may be subject to a minimum 25% or maximum 50% cancellation and restocking fee, in addition to any shipping charges incurred.

9. Intellectual Property

The Service and its original content, features, and functionality are owned by DUSTY and are protected by international copyright, trademark, and other intellectual property laws.

You are granted a limited, non-exclusive, non-transferable license to access and use the Service for personal, non-commercial use. You may not copy, modify, distribute, sell, or lease any part of the Service without prior written consent from us.

10. Termination

We reserve the right to terminate or suspend your account and access to the Service at our discretion, without prior notice or liability, for any reason, including if you breach these Terms.

Upon termination, your right to use the Service will cease immediately, and any data associated with your account may be deleted.

11. Limitation of Liability

To the maximum extent permitted by law, subject to jurisdiction, DUSTY shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including, without limitation, loss of profits, data, use, or goodwill, arising out of or related to your use of the Service.

12. Disclaimer of Warranties

The Service is provided "as is" and "as available," without warranties of any kind, whether express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, or non-infringement. 

We do not warrant that the Service will be uninterrupted, secure, or error-free, or that any defects or errors will be corrected. 

13. Product Warranty Disclaimer

Limited residential and commercial warranties are available upon request. For warranty information, contact hello@dustynyc.com.

14. Indemnification

You agree to indemnify and hold harmless DUSTY, dustynyc.com, and its officers, directors, employees, and suppliers from any claim, demand, action, or damage, including reasonable attorneys’ fees, made or incurred by any third party arising out of or related to your use of the Service or violation of these Terms.

15. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the United States, without regard to its conflict of law provisions.

If you are located in the European Union, the UK, Switzerland, Brazil, China, UAE, Saudi Arabia, Canada, Argentina, Australia, New Zealand, or the United States (under various state laws), these Terms shall be governed by the applicable laws of those jurisdictions, subject to local consumer protection laws.

16. Dispute Resolution

In the event of any dispute arising from these Terms or the use of the Service, the parties shall first attempt to resolve the dispute through amicable negotiations. If a resolution cannot be reached, the dispute shall be settled through binding arbitration under the local rules of the American Arbitration Association (AAA) or a global institution such as International Chamber of Commerce (ICC).

For users in specific jurisdictions (e.g., European Union, Brazil, Canada, UAE, etc.), you may also have the right to lodge a complaint with your respective data protection authority.

17. Changes to Terms and Conditions and to the Site

We reserve the right to change, alter, suspend, or discontinue the site, or portions of the site, including any links to products or goods on the site. Such changes may happen at any time without prior notice.

18. User Warranties

In placing an order, you warrant that:

  • You are over 18 years of age.

  • You are providing accurate, true, and complete information.

  • You have the authority to place the order.

19. International Users

If you access the Service from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. 

20. Changes to These Terms

We may modify these Terms at any time. When we do, we will update the "Last Updated" date at the top of this page. Your continued use of the Service after such modifications constitutes your acceptance of the new Terms. It is your responsibility to review these Terms regularly.

21. Compliance with Global Privacy Laws

We comply with various global data protection laws, including:

  • General Data Protection Regulation (GDPR) for European Union users.

  • UK Data Protection Act for users in the United Kingdom.

  • Swiss Federal Act on Data Protection (FADP) for Swiss users.

  • Personal Information Protection and Electronic Documents Act (PIPEDA) and PIPA (Quebec) for Canadian users.

  • California Consumer Privacy Act (CCPA/CPRA), Connecticut Data Privacy Act (CTDPA), Colorado Privacy Act (CPA), and Virginia Consumer Data Protection Act (VCDPA) for US state residents.

  • Lei Geral de Proteção de Dados (LGPD) for Brazilian users.

  • Personal Data Protection Law (PLDP) for Argentinian users.

  • Personal Data Protection Law (PDPL) for users in the UAE.

  • Data Protection Law (DPL) for Saudi Arabian users.

  • Personal Information Protection Law (PIPL) for Chinese users.

  • Personal Data Protection Act (PDPA) for Thai users.

  • Australian Privacy Principles (APP) for Australian users.

  • Privacy Act for New Zealand users.

To exercise any of your rights under these laws, please review our Privacy Policy or contact us at hello@dustynyc.com.