Dune Case Products and Services - General Terms of Sale
("Terms of Sale") are offered to you by Dune Case ("Dune",
"we" or "us") and govern all sales and purchases of any
hardware products and/or services offered by us (collectively
to be referred to as "Products") through the Dune Case website
at www.dunecase.com. The information set out in the Terms of
Sale and the detail contained on this website do not
constitute an offer for sale but rather an invitation to
treat. No contract in respect of any Products shall exist
between you and us until your order has been accepted by us.
If we do not accept your offer and funds have already been
deducted from your account, these will be refunded.
2. PURCHASE OF PRODUCTS
Purchase of Products through the Dune Case website shall be
subject to the following terms and conditions:
You will immediately receive a ticket confirmation number via
email. If you do not receive an email within 15 minutes,
please check your spam folder.
You agree that:
You may only use the website to make legitimate enquiries or
You will not make any speculative, false or fraudulent
orders. If we are reasonably of the opinion that such an
order has been made, we shall be entitled to cancel the
order and inform the relevant authorities.
You also undertake to provide correct and accurate e-mail,
postal and/or other contact details to us and acknowledge that
we may use these details to contact you in the event that this
should prove necessary
If you do not give us all of the information that we need, we
may not be able to complete your order.
By placing an order through the website, you warrant that you
are at least 18 years old and are legally capable of entering
into binding contracts.
PRODUCT AND SUPPORT DESCRIPTIONS
We attempt to be as accurate as possible in the descriptions
of our Products and support services. However, we do not
warrant that any Product and/or support descriptions or other
content on the Dune Case website is accurate, complete,
reliable, current, or error-free. If you purchase a Product
through the Dune Case website and you believe it is not as
described on the Dune Case website, or you believe you have
not received support for your Product as provided in the
Limited Warranty, your sole remedy is to return the Product in
accordance with our Return Policy.
AVAILABILITY OF PRODUCTS
All orders for products are subject to availability and in
this regard, in the event of supply difficulties or because
products are no longer in stock, we reserve the right to give
you information about substitute products of an equal or
higher quality and value which you can order. If you do not
wish to order such substitute products, we will refund any
monies that you might have paid.
We reserve the right to withdraw any products from this
website at any time and/or remove or edit any materials or
content on this website. Whilst we will make our best efforts
to always process all the orders, there may be exceptional
circumstances which mean that we may need to refuse to process
an order after we have sent you an order confirmation, which
we reserve the right to do at any time, at our sole
We will not be liable to you or any other third party by
reason of our withdrawing any product from this website,
whether it has been sold or not, removing or editing any
materials or contents on this website or for refusing to
process or accept an order after we have sent you the order
We may keep records of all orders, acceptances and any other
related documentation for a reasonable period after
CANCELLATION OF ORDERS
We will cancel your order if: (i) we are unable to accept your
order within a reasonable time from your date of order (with
the exception of pre-orders); (ii) payment for your order is
incomplete. If we cancel your order, we will refund any prior
payment that you have made for that Product.
For information about the Limited Warranty for Products,
please visit this link:
RETURN POLICY AND CUSTOMER SUPPORT
For information about the Return Policy for Products, please
visit this link:
If you need help, you may contact Customer Support, please
visit this link
3. PRICE AND TERMS OF PAYMENT
While we take care to ensure that all prices quoted on our
website are accurate, errors may occur. If we discover an
error in the price of any Product(s) you have ordered, we will
inform you as soon as possible and give you the option of
reconfirming the order at the correct price or cancelling it.
If we are unable to contact you, the order will be treated as
cancelled and if you have already paid for the Product(s) you
will receive a full refund.
We are under no obligation to sell the Product(s) to you at
the incorrect (lower) price (even after we have sent you an
Order Confirmation) if the pricing error is an obvious
typographical or arithmetical inaccuracy and could have
reasonably been recognised by you as such.
We reserve the right to decline orders for bulk or high value
purchases and to change price and availability information
We reserve the right, at any time before our acceptance, to
notify you of: (i) any revision in the prices of the Products
to factor in any changes to the cost of the Products. Such
changes include without limitation changes to the tax rate or
levy and any variation in the applicable exchange rates;
and/or (ii) any changes to the description of the Products. If
you choose to continue with the fulfilment of your order, you
acknowledge and agree that the Product will be sold to you in
accordance with such revised price and/or description.
The countries in which we can deliver the Products are set out
in the Dune Case website. We reserve the right to amend this
list of countries at any time and shall not be liable to you
for any such amendment to the list of countries or the
imposition of any new condition in relation to any country:
List of countries
Unless stated otherwise, all prices of the Products set out on
the Dune Case website shall be exclusive of: (i) any shipping
cost (unless you qualify for free shipping based on the terms
set out on the Dune Case website); (ii) any sales tax or duty,
customs charge (including but not limited to customs charges),
import duty and tax (where applicable); and (iii) cross border
Fees (collectively, the "Additional Cost"). Such Additional
Cost shall be borne by you.
Payment in full must be made before our acceptance using the
payment methods as provided for on the Dune Case website.
Payment methods include major credit cards, and Paypal in
select regions. We will charge credit and debit cards before
dispatch of the Products or the commencement of any services.
You may not deduct from any payment by way of counterclaim or
set-off without our prior written consent. We shall not be
liable for any billing errors unless you advise us of such
billing error within fifteen (15) working days from the date
of acceptance. In the event such billing error is attributable
solely to us, we will cancel your order and/or refund any
prior payment that you have made for that Product. We will
also allow a re-order of that Product.
4. LIMITATION OF LIABILITY
IN NO EVENT SHALL Dune Case, THEIR OFFICERS, DIRECTORS,
EMPLOYEES, OR AGENTS BE LIABLE FOR ANY SPECIAL, INCIDENTAL,
INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES WHATSOEVER,
INCLUDING THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS,
HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY,
ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF SALE, EVEN
IF Dune Case HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. IN NO EVENT WILL Dune Case’S AGGREGATE LIABILITY
(WHETHER FOR BREACH OF CONTRACT, TORT OR ANY OTHER LEGAL
THEORY) EXCEED THE AMOUNT PAID BY YOU FOR A PRODUCT THAT IS
MOST CLOSELY RELATED TO YOUR DAMAGES. The foregoing
limitations will apply even if any warranty or remedy provided
under this Agreement fails of its essential purpose. Some
jurisdictions do not allow the exclusion or limitation of
incidental or consequential damages or other limitations set
forth above, so the above limitations or exclusions may not
apply to you.
Without prejudice to the foregoing and to the fullest extent
permitted by law, we shall have no liability to you if the
Products infringe or are alleged to infringe any rights
(including intellectual property rights) of any third party.
5. LICENSES & EXPORT LAWS
You are responsible for obtaining (at your own expense) any
license or consent from any government authority (or any other
authority) that is required for the purchase, transport or use
of the Products. You agree to provide evidence of such license
or consent upon our request.
You agree to comply with any export control laws or
regulations that are applicable to the purchase, transport or
use of the Products.
6. YOUR REPRESENTATIONS
You shall maintain and promptly update your account
information that is stored with us and shall secure such
information (including but not limited to your username and
password) against any unauthorised access.
You represent to us that all information provided by you when
placing your Order is up to date and is sufficient for us to
process your Order.
You shall not assume any warranty, commitment or obligation on
our behalf without our express prior written consent.
When you make an offer to purchase a Product, we will collect
or receive your Personal Information or non-identifying
available at www.dunecase.com/privacy-policy). Personal
Information and non-identifying information are treated in
purchase a Product, you accept and consent to our Privacy
Policy, which we may update from time to time.
You agree that the laws of California, without regard to
principles of conflict of laws, shall govern both these Terms
of Sale and any dispute that might arise between you and Dune
Case in relation to your use of the Dune Case website and
these Terms of Sales.
If you are a consumer based in the European Union, you may
make a claim in a competent court in the country in which you
Dune Case shall not be liable to you, nor held in breach of
contract, for any loss or damage which may be suffered as a
direct or indirect result of Dune Case being prevented,
hindered or delayed in the performance by circumstances beyond
Dune Case’s reasonable control including (but not limited to)
any act of God, war, riot, civil commotion, government action,
explosion, fire, flood, storm, accident, strike, lock-out,
trade dispute or labor disturbance, breakdown of plant or
machinery, interruption in the supply of power or materials
and in such event Dune Case may elect to cancel your order and
refund any payments made.
You acknowledge that these Terms of Sale supersede and cancel
all previous contracts or agreements whether oral or written,
express or implied, between Dune Case and you with regards to
your ability to purchase goods or services from the Dune Case
website. These Terms of Sale prevail over any other terms or
conditions contained in or referred to other agreements
between the parties or implied by trade, custom or course of
dealing. Any purported terms or conditions to the contrary are
hereby excluded to the fullest extent legally permitted.
These Terms of Sale may be translated into any other language.
However, in the event of any inconsistency between the English
language version and any translated versions, this English
version will at all times prevail and take precedence.