Terms & Conditions
By accessing and using our website (www.dusk.com) (the "Website") you are agreeing to the following terms and conditions (“Terms”) which include our Privacy Policy and any other policy referred to on this page. These Terms will also apply to any contract between us for your purchase/our supply of any product listed on the Website.
This Website is owned and operated by DUSK (Retail) Limited ("DUSK", "we" or " us") with registered office at Small Mill North, Chadwick Street, Leeds, LS10 1LJ, company registration number 10362653 and VAT number 258258475.
Orders
By placing an order for the delivery of goods via the Website you are making an offer to DUSK to deliver the goods detailed in your order upon the terms described in your order. A contract between you and DUSK for the sale and delivery of our goods will only exist once an order has been accepted, processed and despatched to you. Therefore, we reserve the right to cancel your order prior to despatch. Prices and availability of goods are subject to change without notice.
Please note we cannot take orders over the telephone. All orders are to be placed via the Website.
If you would like to add products to your order, please place a new order for these items.
Cancellations
We do try to process all orders as soon as possible so that you receive your items quickly. We regret that in most circumstances it is not possible to change or cancel your order once you've placed it.
All Large Items (delivered by our two-man delivery partners) incur a charge of £39.99 if not delivered or returned. If you do not confirm a delivery slot or you cancel your order after it is despatched, resulting in your order being returned to us, we will deduct £39.99 from your refund.
You have a legal right to change your mind and cancel your order within 14 days of receipt and receive a refund for the canceled goods and the delivery charges paid (if a special delivery was chosen, only our standard shipping charge will be refunded).
To exercise the right to cancel, you must inform us of your decision to cancel your contract with us by making a clear statement via written confirmation. You may use the below template to do so.
To: DUSK (Retail) Limited, Small Mill North, Chadwick St, Leeds, LS10 1LJ
E-mail address: [email protected]
I/We(*) hereby give notice that I/We(*) cancel from my/our (*) contract of sale of the following goods(*)/for the provision of the following service*,
Ordered on(*) / received on(*)
Name of consumer(s),
Address of consumer(s),
Date
(*) Please delete if not applicable
Returns
If your order has already been despatched or delivered, and you would like to return any items from your order, please follow the instructions here.
We will refund any returns within 14 days of receiving them. If you have not received your refund within 28 days from when the return was sent or collected, please send us a copy of your proof of postage/collection.
Delivery
A delivery charge will be added to your order value where applicable. You can find out more about our Delivery options, prices, and services by clicking here.
Once your goods are despatched, you will receive delivery information and/or a tracking link from our delivery partner.
All dates quoted for delivery are estimates only and may be subject to change. DUSK cannot accept liability for any loss or damage (whether direct or indirect) if delivery takes place at any time other than the estimated date for delivery.
Customers must be 18 years or older to accept and sign for our large item deliveries.
Website
We reserve the right to modify or withdraw, temporarily or permanently, this Website (or any part thereof) with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the Website. We may change the Conditions from time to time, and your continued use of the Website (or any part thereof) following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the Conditions have been changed.
Payment
We currently accept payment by Visa, MasterCard, PayPal Now and PayPal Pay in 3. The account associated with your payment method will be charged at the time your order is accepted. For more information about PayPal Pay in 3, please visit here.
In cooperation with Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden, we offer you the following payment options. Payment is to be made to Klarna:
Pay Later 30
Pay in 3 installments
Pay Now
Further information and Klarna’s user terms you can find here. General information on Klarna can be found here. Your personal data is handled in accordance with applicable data protection law and in accordance with the information in Klarnas privacy statement.
We use industry-standard Secure Sockets Layer (SSL) technology to encrypt your payment card to ensure your details are safe when you place an order. We also use Verified by Visa and Mastercard SecureCode, often referred to as 3-D Secure or Payment Authentication. These services allow you to protect your credit/debit card with a password that you set up with your payment card issuer. When you reach the payment page and have confirmed your order, you will also be asked to enter your credit/debit card password. If you have not yet created a credit/debit card password with your payment card issuer, simply follow the on-screen instructions to set this up, you will only need to do this once.
Once your order has been transferred to our order processing system all credit card details are removed from the Website and our sales order processing system and internal network are protected by the latest proxy technology.
Recycling Service
We offer an optional Mattress Recycling Service to all customers purchasing a DUSK mattress – simply add Mattress Recycling Service to your basket before you complete your order.- Our Mattress Recycling Service costs £30.00 per item.
- We are only able to offer this service on a like-for-like swap. This means we can only remove the same item and quantity as is on your order.
- Our Mattress Recycling Service must be added to your basket before you complete your order.
- Our Mattress Recycling Service is only available to customers purchasing a DUSK Mattress. It is not available to purchase separately.
Your old Mattress will be collected by our 2-man delivery partner, when they deliver your DUSK Mattress.
Your old Mattress must be stored in a dry, accessible room between ground level and level three. Please ensure all bedsheets are removed in readiness for collection.
Two-man delivery partners reserve the right to refuse collection if your old Mattress is deemed to be in an unsuitable condition for recycling and the £30.00 paid will not be refunded. Reasons for refusal include, but are not limited to:
- Excessive damage and/or poor storage conditions.
- Damage caused by exposure to water or weather.
- Damage caused by fire, smoke and/or infestation by animals or insects.
Estimated Delivery Dates (Pre-orders)
Where a popular product is out of stock or the launch of a new product collection is imminent, we may offer you the opportunity to place a pre-order based on an estimated delivery date.
In order to reserve the stock for you we will take payment at the time you place your order. Although we endeavor to provide accurate estimated delivery dates, there are times when circumstances out of our control cause these dates to change.
Where an estimated delivery date changes and you have placed a pre-order we will contact you to keep you updated on the change. DUSK cannot accept liability for any loss or damage (whether direct or indirect) if an estimated due in stock date changes. Your legal right to cancel applies to pre-orders.
Product Descriptions
We take every care to ensure that our products are described as accurately as possible, however we do not warrant that these descriptions are accurate. Where we become aware of any incorrect description, we reserve the right to correct any error or omission. Furthermore, while our photography is a close representation of a product’s colour, we cannot accept any responsibility for any variation in colour caused by the equipment used to access the Website.
Prices
All prices quoted on the Website are in pounds sterling (GBP) and include UK sales tax (VAT) at the current rate. All prices are accurate at the time of online publication. We reserve the right to change our prices at any time.
Discount Codes
Any discount codes available to use on our Website are subject to change at our discretion and only one discount code can be applied per order.
We reserve the right to exclude any items from live promotions and amend the expiry date, without warning. Discount codes cannot be used on outlet, bundles or furniture items (unless specified).
Discounts advertised on a third-party website and not advertised by DUSK directly will not be honoured, if the discount code is not valid at the time of use.
Unfortunately, discount codes are not applicable when payment is made via DivideBuy.
You can read about the latest discounts and offers here.
Indemnity
By accessing and using the Website you agree to indemnify us and keep us indemnified against all claims, costs, damages, actions, expenses, losses and liabilities incurred as a result of your use of the Website.
Disclaimer & Limitations of Liability
To the fullest extent permitted by law, DUSK’s liability for breach of an implied warranty or condition is limited to the resupply of the goods and/or services or payment of the costs of having those goods and/or services resupplied. We accept no liability for any loss whatsoever (including consequential loss suffered by you) arising from products we have supplied.
While DUSK endeavors to ensure that the information on the Website is accurate and up to date, it does not give any warranty as to its accuracy or completeness and DUSK will not be responsible for any errors or omissions or for the results arising from the use of such information.
DUSK will not be liable to you or be deemed to be in breach of these Terms or any other contract with you by reason of any delay in performing, or any failure to perform, any of its obligations in relation to the products ordered by you if the delay or failure was due to any cause beyond its reasonable control.
Intellectual Property
The content on the Website (including logos, images, text and other materials) is the copyright, trademark or registered trademark of DUSK, its content and technology providers or their respective owners. All rights reserved. The copying, modification, distribution, reproduction, or incorporation into any other work of the content on the Website in any form is prohibited.
SMS Messaging Terms
In addition, you agree to our Messaging Terms (https://terms.pscr.pt/legal/shop/duskretail/terms_of_service) and Messaging Privacy Policy (https://terms.pscr.pt/legal/shop/duskretail/privacy_policy).
Law & Territory
To the extent it is possible to exclude the application of other laws and regulations, these Terms and your use of the Website are governed by English law and you agree to submit to the non-exclusive jurisdiction of the English court. This does not affect your non-excludable statutory rights.