Terms & Conditions

IMPORTANT LEGAL NOTICE

DAFTBOY.COM TERMS AND CONDITIONS OF SALE

These are the legal terms and conditions under which We supply the products (“Products”) listed on our website www.daftboy.com (“our site”) to you. Please read these terms and conditions carefully before ordering any Products from our site.

Using our site indicates that you accept these terms and conditions together with our Privacy Policy and Terms of Use, regardless of whether or not you choose to register with us. If you do not accept these terms and conditions, our Privacy Policy, or our Terms of Use, do not use our site.

  1. INFORMATION ABOUT US

    1. www.daftboy.com is operated by Daft Boy, LLC (“We”). We are a company registered in Oakland CA. at 4033 Broadway, Oakland, CA 94611.

  2. YOUR STATUS

    1. You may only purchase Products from us if: a) you are legally capable of entering into a binding contract with us (for example, in England and Wales you must be at least 18 years old); b) you are an authorized user of the credit or debit card used to pay for your order; and, c) are resident in a country that We deliver to (please see our “Deliveries” page here for further information).

  3. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US

    1. Once you have placed your order, you should receive an e-mail from us acknowledging that We have received your order (but please contact us if you do not receive this e-mail). Please note this does not mean that your order has been accepted. All orders are subject to availability and acceptance by us (which We may refuse for any reason).
    2. After you submit your order, We immediately contact your bank or card issuer for authorization to take payment from your account. We will not process your order until payment has been received in full. If We accept your order We will confirm this to you by sending you a further e-mail confirming the Product is being processed ready for dispatch at which point the contract between us ("Contract") will be formed.
    3. As soon as you place your order, We start to process your order which means you will not be able to change it before delivery, but you may be able to return your Products under clause 8 of these terms and conditions or under our Returns Policy.
    4. From time to time We may make minor changes to a Product to reflect changes in relevant laws and regulatory requirements.
    5. These terms and conditions, and any Contract between us, are only in the English language. Please note that We may not necessarily keep a copy of your Contract. You should keep a copy of these terms and conditions and your order for future reference.

  4. DELIVERY

    1. Your order will be fulfilled by the delivery date set out in the Dispatch Confirmation or, if no delivery date is specified, then as soon as reasonably possible (depending on the delivery service you have selected). In any event, delivery will take place no more than 30 days after the day your Contract is entered into.
    2. If no one is available at your address to take delivery and the Products cannot be posted through your letterbox or left in a safe place, after three failed attempts, We may end the Contract and clause 13 will apply.
    3. Delivery of your order will be complete when We deliver the Products to the address you gave us and the Products will be your responsibility from that time.
    4. You will own the Products once We have received payment in full.
    5. The images of the Products on our site and in our other advertising materials are for illustrative purposes only. Your Products may vary slightly from those images. Although We have made every effort to display and print the colors of the Products accurately, We cannot guarantee that your computer's display of the pictures, or the pictures in our other advertising materials, accurately reflect the colors of the Products that will be delivered to you.

  5. INTERNATIONAL DELIVERY

    1. If you order Products from us for delivery to a destination outside the UK: a) your order may be subject to import duties and taxes which are applied when it reaches the delivery destination. Please note that We have no control over these charges and We cannot predict their amount. You will be responsible for payment of any such import duties and taxes. Please contact your local customs office for further information before placing your order. We will not be liable or responsible if you do not pay any such import duties or taxes; b) you must comply with all applicable laws and regulations of the country for which the Products are destined. We will not be liable or responsible if you break any such law; and c) if you return any Products to us from a destination outside the UK, please ensure that the return parcel is marked clearly with the wording “Return to supplier” or wording having similar effect.

  6. PRICE AND PAYMENT

    1. The price payable for the Products shall be as shown on our site in American Dollars, although please see clauses 7.5 and 7.6 for what happens if We discover an error in the price of any Product you order. Prices advertised on our site include UK VAT at the relevant rate chargeable for the time being, but exclude delivery charges which are payable in addition and shown separately during the checkout process.
    2. We can change the prices on our site at any time without notice, but changes will not affect orders which We have already accepted. However, if the rate of VAT changes after the date of your order, We will adjust the rate of VAT you pay unless you have already paid for the Products in full before the change in VAT takes effect.
    3. We accept payment by debit card, credit card or Paypal. We accept the following cards: Visa, VISA Electron, Mastercard, Maestro, American Express.
    4. You must pay for the Products (including all applicable delivery charges), and We will charge the card you have chosen to use to pay for your order once you reach the final billing page and submit your order. We immediately contact your bank or card issuer for authorization to take payment from your account.
    5. If We accept and process your order where there is a pricing error that is obvious and unmistakable and which could reasonably have been recognized by you as a mispricing, We may end the Contract, refund to you any sums you have paid under the Contract and require the return of any Products provided to you.
    6. If you wish to apply a voucher code to your order, you must enter the relevant code during the online checkout process. Only one voucher code can be used per order and additional terms and conditions may apply in respect of each voucher code. We reserve the right to decline to accept any voucher code that is invalid for your order or that has expired.

  7. YOUR RIGHT TO CANCEL THE CONTRACT (EEA CUSTOMERS ONLY)

    1. If you are a consumer in the European Economic Area (“EEA”), you have a legal right to cancel a Contract if you change your mind until 14 days after you receive (or someone you nominate receives) the Products, unless the Products are split into several deliveries over different days in which case you will have until 14 days after the day you receive (or someone you nominate receives) the last delivery.
    2. If you wish to cancel a Contract under clause 8.1, you just need to communicate this to us within the timescale set out in clause 8.1. The easiest way to do this is to contact us by email at customerservices@nastygal.com or by post at 4033 Broadway, Oakland, CA 94611, USA
    3. The right to cancel a Contract under clause 8.1 does not apply to pierced jewelry, underwear or swimwear if the hygiene seal is not in place or has been broken.
    4. If you cancel a Contract under clause 8.1 after the Products have been dispatched to you, you must return them to us. You must send off the Products within 14 days of telling us that you wish to cancel the Contract. We will pay the costs of your returns if you use our free returns service in accordance with the Returns Policy here, but if you do not use this service in accordance with our instructions then you will be responsible for the cost of returning Products to us. Please see our Returns Policy here for further information about how to return Products to us.

  8. RETURNS

    1. As an alternative to using your rights under clause 7.1. For further information on returns please see our Returns Policy.

       

  9.  YOUR RIGHT FOR A REFUND (EEA CUSTOMERS ONLY)

    1. If you are a consumer in the EEA and you cancel your Contract under clause 7.1, We will: a) refund you the price you paid for the Products, subject to a 20% restocking fee which will be deducted from your refund. However, please note that We may further reduce your refund to reflect any reduction in the value of the Products if this has been caused by your handling them in a way which would not be permitted in a shop. If We refund you the price paid before We are able to inspect the Products and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount; and b) refund any charges you have paid for delivery of the Products to you, although the maximum refund for delivery costs will be the least expensive delivery method We offer to your delivery destination; and c) make any refunds due to you by the method you used for payment:

      1. 14 days after the day on which We receive the Products back from you or, if earlier, the day on which you provide us with evidence that you have sent the Products back to us; or
      2. 14 days after you inform us of your decision to cancel the Contract.

      1. Please see our Returns Policy for more information about returns and refunds.