Terms and Conditions

Welcome to DunTup Shirts. The following Terms and Conditions guide the use of and commerce on our web store. These terms and conditions may be adjusted from time to time.

General

You can shop our product through our web store. If you have any questions please contact our Customer Service for help at info@duntup.com – info@duntup.com.
All merchandise remains our property until payment is fulfilled.

Any attempts of frauds will be reported to the Police. DunTup Shirts reserves the right to cancel, hold on to, or further investigate an order at suspicion, even if delivery time is affected.
No other payment options in addition to those displayed at checkout is accepted.

TSHIRT STORE holds the right to have minor deviations related how material, color, weight, measurements, or manufacturing, appear on our web store. This also includes type faults, price and stock changes

Forms of Payment

DunTup Shirts currently accepts PayPal, Visa, MasterCard, and American Express for all orders. By submitting your order, you represent and warrant that you are authorized to use the designated credit card and authorize us to charge your order (including taxes, shipping and handling) to that card. If the card cannot be verified, is invalid or is otherwise not acceptable, your order may be suspended or cancelled.

Credit Card Security

The security of your personal information is extremely important to DunTup Shirts. We use a wide array of electronic and physical security measures and devices to protect your personal data and credit card information from unauthorized access.
DunTup Shirts does not collect or store any Credit Card numbers or other sensitive data on our servers. Any “stored cards”, or orders and customers utilizing DunTup Shirts.com online ordering are securely billed through Paypal and we may use a Compliant Credit Card gateway and processor as we select from time to time.

Sales Tax

We do not collect sales or use taxes in all states within the United States. For states imposing sales or use taxes, your purchase may be subject to such taxes. Your purchase is not exempt merely because it is made over the Internet or by other remote means. Many states require purchasers to file a sales/use tax return at the end of the year reporting all of the taxable purchases that were not taxed and to pay tax on those purchases. Details of how to file these returns may be found at the websites of your respective taxing authorities. You agree that you are solely responsible for any taxes lawfully imposed on your transaction with us.

If DunTup Shirts is required by law to collect sales tax on orders shipped to the State, Province, Territory, or other applicable territorial entity corresponding to your delivery address, the appropriate charge will be added to your merchandise total and displayed on your final order confirmation.
Shipping Terms;

Title and Risk of Loss

Shipment is made from DunTup Shirts’s warehouse located in the U.S.A., by an independent carrier, which carrier is not affiliated with, or controlled by, DunTup Shirts, when, in DunTup Shirts’s sole discretion, shipment is possible. We may offer expedited shipping for an additional fee if that is your preferred shipping choice and expedited shipping is available through the independent carrier. All shipping charges are your responsibility, unless waived by DunTup Shirts. You may incur extra shipping charges if you are shipping the product outside of the continental United States to remote lands (e.g. Alaska, Hawaii). You cannot ship any product purchased from the Site to any location outside of the United States of America or Canada. Shipping charges will be included on your invoice and can be viewed prior to finalizing your order.

The shipping charge shown during the checkout process is subject to verification. Shipping charges are subject to change without notice. All orders are shipped FOB shipping point. Title to products purchased on the Site passes to you when DunTup Shirts has received payment of the products’ order. The risk of loss for such products passes to you when DunTup Shirts delivers these items to the carrier for shipment, and we are not responsible for any shipping delays or problems once the product has been shipped.

If the parcel or product is damaged during shipment to you, you must refuse delivery and state the reason for your refusal to the carrier. You must also inform DunTup Shirts by clicking on the “Send an email” button on the Site’s home page and sending an email to customer service. DunTup Shirts will give full credit after confirmation of the damage.

If the product delivered is not the one that you ordered, you must return the said product within fourteen (14) days following your receipt of the shipment, using the return note and the prepaid transport voucher provided by DunTup Shirts upon your request sent via the “Send an email” button on the Site’s home page. The Product must be returned in its original packaging with all its accessories and documentation. DunTup Shirts will give full credit after receiving the parcel back.

If the delivery address is incorrect, DunTup Shirts will contact you to obtain the correct address. If you cannot be contacted, the product will be returned to DunTup Shirts by DunTup Shirts’s carrier. DunTup Shirts will give full credit (with the exception of shipping costs) after receiving the parcel back.

Returns of a defective product

If the product is not working correctly, you must first contact DunTup Shirts’s customer service by phone at 1-512-970-4758 (1-512-970-4758) Monday to Friday from 7am to 5pm PT, or by email via www.DunTup Shirts.com/contact to verify whether the defect is covered under warranty (terms of warranty are stated in the “Warranties” Section). We will need your name, the order number, which items, how many you are returning, and the reason for the return.

If the defect is deemed to be covered under warranty, DunTup Shirts will issue a prepaid transport voucher and a return authorization. You must return the said product, using the prepaid transport voucher and the return authorization that you must print and attach to the returned product before sending it back to DunTup Shirts.

If we, in our sole discretion, determine during inspection that the returned product is indeed defective, we will send you a replacement product or replacement parts with a new or refurbished product or parts for each defective item. If we determine after inspection that the product is not defective as claimed, it will be returned to you at your sole cost and expense.

THE IMPROPER INSTALLATION OR ASSEMBLY OF OUR PRODUCT BY YOU DOES NOT CONSTITUTE A DEFECTIVE PRODUCT FOR WHICH A RETURN EXCHANGE. PLEASE FOLLOW ALL INSTALLATION AND ASSEMBLY INSTRUCTIONS PROVIDED WITH OUR PRODUCT.

Return Address

All products purchased on the Site you may return according to the process described in the “Returns of a defective product” Section of these Terms and Conditions must be sent to the address indicated in the prepaid label.

Privacy Statement

Please refer to our Privacy Statement for information about how DunTup Shirts collects, uses and discloses personal information from users of the Site.

Errors

We attempt to be as accurate as possible; however, we do not warrant that all product descriptions, photographs, pricing or other information on the Site is accurate, complete, current, or error-free. In addition, all weights and size dimensions are approximate. If a product offered by us is not as described or pictured, your sole remedy is to return it in an unused condition for a refund. In the event of an error, whether on the Site, in an order confirmation, in processing an order, in delivering a product or otherwise, we reserve the right to correct such error and revise your order accordingly, or to cancel the order and refund any amount charged. Your sole remedy in the event of an error is to cancel your order and obtain a refund.
Intellectual Property

DunTup Shirts does not transfer to you or license to you in any manner any patent, trade secret, trademark, service mark, copyright or other intellectual property right related to our brand, name or products, other than the right to incorporate or use the products purchased by you from us or as otherwise set forth in this agreement. DunTup Shirts shall retain title to all logos, designs, sketches, drawings, patterns, dies, tools, special appliances and materials furnished or paid for by us in connection with the product you purchase.
Indemnification, Release and Limitation of Liability

You agree to indemnify DunTup Shirts and its officers, directors, managers, members, employees, agents, distributors, partners and affiliates (the “DunTup Shirts Indemnified Parties”) from and against any and all third-party claims, demands, liabilities, costs, or expenses, including reasonable attorney fees, that arise from your misuse of the products purchased on the Site or your activities or omissions in connection with said products or use of the Site, including, but not limited to, your violation of these Terms and Conditions or your violation of any other applicable law or regulation that governs your use of the products or the Site.

YOU AGREE TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW TO RELEASE AND HOLD HARMLESS THE DunTup Shirts INDEMNIFIED PARTIES FROM AND AGAINST ALL CLAIMS, DEMANDS, CAUSES OF ACTION, SUITS, CHARGES AND LIABILITIES ARISING FROM OR IN ANY WAY CONNECTED WITH YOUR USE OF THE SITE, YOUR USE AND/OR MISUSE OF THE PRODUCTS AND SERVICES PURCHASED THROUGH THE SITE AND THE CONSEQUENCES OF THE SAME (THE “CLAIMS”). YOUR FURTHER AGREE THAT IN NO EVENT SHALL ANY SUCH CLAIMS EXCEED THE AMOUNT ACTUALLY PAID BY YOU FOR THE PRODUCTS AND SERVICES PURCHASED THROUGH THE SITE. YOU FURTHER AGREE THAT DunTup Shirts SHALL NOT BE LIABLE TO YOU IN ANY MANNER AS A RESULT OF AN OUTAGE OR OTHER DISRUPTION ON THE SITE.

FURTHER, THE DunTup Shirts INDEMNIFIED PARTIES SHALL NOT BE LIABLE FOR LOST PROFITS, LOSS OF BUSINESS, OR CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY, EXCEPT AS EXPRESSLY PROVIDED HEREIN. TO THE FULL EXTENT PERMITTED BY LAW, DunTup Shirts’S LIABILITY FOR CLAIMS AND LIABILITIES, INCLUDING OBLIGATIONS UNDER ANY INDEMNITY, WHETHER OR NOT INSURED, SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID FOR THE PRODUCT(S) PURCHASED FROM THE SITE GIVING RISE TO SUCH CLAIM. YOU AGREE THAT THESE LIMITS OF LIABILITY SHALL SURVIVE AND CONTINUE IN FULL FORCE AND EFFECT DESPITE ANY TERMINATION OR EXPIRATION OF THE CONTRACT. IF ANY PART OF THIS RELEASE AND LIMITATION OF LIABILITY IS DEEMED UNENFORCEABLE BY A COURT OF COMPETENT JURISDICTION, YOU AGREE TO THE MAXIMUM EXTENT OF RELEASE AND LIMITATION OF LIABILITY IN THE DunTup Shirts INDEMNIFIED PARTIES’ FAVOR AS MAY BE PERMITTED UNDER SUCH JURISDICTION.

Warranties

DunTup Shirts warrants to the original purchaser that its products are free from defects in materials or workmanship for a period of one (1) year from the date of purchase, the date of the receipt being the effective reference date (with the exception of parts that wear out – batteries for example – guaranteed for six (6) months). DunTup Shirts’s liability for warranty claims is limited to the purchase price of the product or free of charge replacement of the products or of parts, specifically recognized as defective by DunTup Shirts. Any replacement made under warranty shall not have the effect of extending the initial warranty period thereof.

Our warranty is excluded for any of the following damage and defects:

damage from improper use or mishandling, misuse, alteration or deterioration of the product caused by a fall or accidental shock, faulty installation, humidity, incorrect temperature, oxidation, infiltration of liquid, dust, sand, breakage, destruction, a fall, the use of incorrect electric current;

defects due to the fitting of parts not in accordance with the recommendations and instructions supplied by DunTup Shirts in the user manual or on the website www.DunTup Shirts.com, customization of the product by the user;

defects due to a repair by you or an unauthorized third party, or to using spare parts not supplied by DunTup Shirts;
defects due to any other cause than defective materials or workmanship;

a gradual weakening over time of the capacity of a rechargeable battery from DunTup Shirts (if applicable), which does not constitute a defect in materials or workmanship in the product;
any use of spare parts not approved and/or software not developed by DunTup Shirts;

damages to other devices, even if caused by or related to a malfunction of the product, as warranty only covers the product alone;
products returned incomplete or partially repaired, or those for which the serial number has been removed;

replacement of parts due to normal wear and tear;

software and updating thereof (visit www.DunTup Shirts.com for procedures for updating by you);

any modification of a product necessary for complying with standards or technical specifications or safety requirements specific to a particular country or with any specification that has changed since the purchase of the product;

all damages resulting from non-conformity of a product with existing specifications and standards in a country other than the country of purchase;
inadequate packaging on return of the product to the DunTup Shirts logistics center;

any accident or disaster beyond the control of DunTup Shirts, including without limitation lightning, water, fire, public disturbances or inappropriate ventilation; and
any installation or service associated with the installation or dismantling of the product.

THIS IS THE ONLY GUARANTEE OR WARRANTY YOU GET FROM DunTup Shirts RELATING TO THE PRODUCT(S) YOU PURCHASE FROM THE SITE. DunTup Shirts MAKES NO OTHER, AND EXPRESSLY DISCLAIMS ANY AND ALL, REPRESENTATIONS, WARRANTIES, AND CONDITIONS, WHETHER IN WRITING, IMPLIED, OR STATUTORY, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE, OR ANY WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. EXCEPT AS EXPRESSLY SET FORTH ABOVE, PRODUCTS ARE PROVIDED BY DunTup Shirts “AS IS” AND WITHOUT WARRANTY OF ANY KIND.

Governing Law; Venue

These Terms and Conditions and your purchase of products from DunTup Shirts through the Site shall be governed and construed in accordance with the laws of the State of New York, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these Terms and Conditions or your purchase of products shall be filed only in a court of the State of New York or in a court of the United States sitting in the State of New York, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Terms and Conditions.

Force Majeure

Failure of DunTup Shirts to make any delivery (or portions thereof) when due or perform hereunder, if occasioned in whole or in part by any act of God or other act beyond the reasonable control of DunTup Shirts, including, without limitation, fire, explosion, flood, drought, war, any act of terrorism, riots, civil insurrection, sabotage, accident, embargo, governmental priority, compliance with law or regulations, requisition, shortage or failure of supply of materials or labor, strikes or other labor trouble, or unforeseen circumstances, shall be excused. DunTup Shirts shall have no obligation or liability whatsoever arising out of or in connection with any such failure.

General

These Terms and Conditions together with the Privacy Statement and Terms of Use applicable to the Site constitute the final, complete, exclusive and entire agreement between you and DunTup Shirts with respect to your purchase of products from the Site hereunder, and supersede any contemporaneous or prior agreements, correspondence or information, oral or written. The failure of either party at any time to enforce any provision of these Terms and Conditions shall not prevent either party from enforcing any other provision. In the event that any portion of these Terms and Conditions shall be held to be unenforceable, the remaining portions of these Terms and Conditions shall remain in full force and effect. Any obligations and duties which by their nature extend beyond the expiration or termination of this agreement shall survive any expiration or termination of these Terms and Conditions. These Terms and Conditions have been written in English (USA). In the event of divergence between a translated version and the English version, the latter shall prevail.

International Transactions

The following provisions apply to shipments from the United States of America to customers located in Canada.

The 1980 United Nations Convention on Contracts for the International Sale of Goods shall not apply.

Except as otherwise specified, terms of delivery and all customs fees, import duties, cargo insurance, taxes and other charges imposed on or relating to the purchase or sale of DunTup Shirts’ products shall be paid by you in addition to the stated price.

Prices include DunTup Shirts’s standard commercial export packaging which may vary depending on whether shipment is made by air, land or sea.

You acknowledge that the products are subject to all applicable export and import laws and regulations of the United States, including but not limited to, the Tariff Act of 1930, as amended, (19 U.S.C. §§ 1202-1683g) and other laws and regulations administered by U.S. Customs and Border Protection, the U.S. Arms Export Control Act, as amended (22 U.S.C. §§ 2751-2799), the International Traffic in Arms Regulations (ITAR), as amended (22 C.F.R. Part 120 et seq.), the Export Administration Act, as amended, (50 U.S.C. §§ 2401-2420), and the U.S. Export Administration Regulations (EAR), as amended (15 C.F.R. § 730 et seq.). These laws and regulations also control the re-exportation of the product to any country outside of Canada after its initial exportation from the United States. In addition the export transactions may be subject to embargoes and export controls administered by the Office of Foreign Assets Control and the U.S. Department of State. Customer further represents and warrants that it is not located in, or under the control of any country embargoed by the United States. Customer further represents and warrants that it is not on the U.S. Treasury Department list of Specially Designated Nationals or the U.S. Department of Commerce Denied Persons or Entity Lists. Compliance with these laws and regulations is your responsibility and, except as otherwise provided in this Agreement, no provisions of this Agreement shall be interpreted to delegate this responsibility to any other person.

Contact Us
Please send any questions or comments regarding this Site or your order by email via the “Send an email” button on the Site’s home page or by mail at DunTup Shirts, LLC

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