TERMS OF SALE
The products marketed on the www.duy.com website (hereinafter, the “Website”) are sold and invoiced by owned by NGUYEN TRUONG DUY Co. Ltd – a company having its registered offices in 78 Le Thi Rieng street, District 1, Ho Chi Minh City, Vietnam
For any information on purchase orders, deliveries and, more in general, purchases, please go to the Customer Care area, where you will find more detailed information. For further assistance, contact D.U.Y Customer Care
1. ACCEPTANCE OF THE GENERAL CONDITIONS OF SALE
1.1 D.U.Y offers for sale on www.duy.com the products to end consumers, namely, to natural persons being at least 18 years old acting for personal purposes i.e. non-professional purposes (“Customer”). D.U.Y reserves therefore, the right not to process orders placed by persons other than the Customer or, in any case, orders that are not consistent with these Terms and Conditions. Where D.U.Y does so, it will use reasonable efforts to notify the Customer as soon as possible of such cancellation and the reasons for the cancellation.
1.2 The agreement executed between D.U.Y (hereinafter also the “Seller”) and the Customer shall be deemed binding upon acceptance of the order, including partial acceptance, by D.U.Y. If the order is not accepted by D.U.Y, D.U.Y shall immediately inform Customer thereof. This agreement concerns a one-time delivery of product(s) purchased by the Customer and is in force from the time of purchase until delivery and as long as the Customer’s entitlement to other rights granted hereunder (e.g. return rights) or such other rights granted by applicable laws are valid.
1.3 By placing an order with D.U.Y via the order form made available on the Website (hereinafter, the “Order”), the Customer agrees to these Terms and Conditions and shall evidence their acceptance by ticking the relevant box on the order form (hereinafter, the “Conditions”).
1.4 These Conditions may be printed or stored on permanent storage devices in accordance with the applicable legislation currently in force.
2. HOW TO BUY THE PRODUCT
2.1 The products offered for sale by D.U.Y are only and exclusively those displayed on the Website at the time when the Order is placed, and as described in the relevant product information sheet.
It remains in any case understood that, since the images included in the product information sheet are provided for information purposes only and may not be representative of all of the specifications of the product, colours and sizes may differ on account of the differences in screens and systems used by customers for accessing the Website.
2.2 A Customer can place an Order by completing the online order form made available on the Website and sending it in accordance with the instructions provided on the Website. Prior to placing an Order, the Customer should carefully review these Conditions, the product specifications, the relevant price (inclusive of all applicable taxes and charges), shipping costs (including the ancillary costs that may be incurred in case a shipping and delivery method quicker and/or different from the standard one is chosen). Once an Order has been placed, the Customer shall receive the invoice for the purchased product no later than on the date of delivery of the purchased product.
2.3 D.U.Y will confirm that the Order has been properly received by sending an email message to the address notified by Customer. The email will contain these General Conditions of Sale and, therefore, all of the information that is already contained in the summary of commercial and contractual conditions viewed prior to making the purchase (the products’ main characteristics, detailed information on the price, terms of payment, return policy and shipping costs) to enable him/her double check such information and, if necessary, immediately report incorrect data, if any.
2.4 D.U.Ymay not process an Order when orders are incomplete or incorrect or the products are no longer available. In the above cases, we shall inform you by email that the contract has not been executed and that D.U.Yhas not carried out your Order, specifying the reasons thereof. If the products displayed on the Website are no longer available at the time that the Seller has received your Order form, the Seller will use reasonable endeavours to notify you of this, and the cancellation of your Order as soon as possible from the day after your Order is received. If the Order form has been sent and the price has been paid for items that are no longer available, the Seller will refund, without undue delay, the amount paid for those items and the contract between the parties will consider to have been as not executed.
3. PRICE AND TERMS OF PAYMENT
3.1 The prices indicated on the Website are inclusive of applicable taxes. Customer shall be informed in advance of shipping costs or fees, if any, through the Website.
3.2 Payment of the product prices and relevant costs for shipping and delivery must be made by using one of the procedures indicated on the order form, such as Credit or Debit Card or other specific payment procedures as indicated within the Site on a case-by-case basis. Under no circumstance will costs that are higher than those effectively incurred by the Seller be charged in relation to your chosen payment method.
3.3 In case of payment by Credit/Debit Card, all details (for example, card number or expiration date) will be sent by encrypted protocol to the bank, which provides remote electronic payment services, without third parties having any access thereto whatsoever. Such details will not be used by the Seller except for performing the procedure relevant to your purchase or issuing refunds in the case of returns in compliance with the exercise of your return right or for reporting cases of fraud to the police.
3.4 Under no circumstances and at no stage of the payment process will the details of the credit card of Customer be disclosed to D.U.Y because such details will be directly sent, in a secure manner, to the website of the financial institution in charge of the transaction. Since none of such data will be stored in D.U.Y’s files, to the extent permitted by applicable laws,D.U.Y will not be liable for fraudulent and unlawful uses, if any, made by third parties of the Customer’s credit card during the payment procedure. The price for the purchase of products and the corresponding costs for shipping and delivery, as indicated in the order form, will be charged to your current account only when the purchased products are actually shipped. In case of cash payment, the price will be paid at the delivery. In any case, Customer will receive a confirmation email as soon as the package(s) will be shipped. Once the Customer completes his/her order, the Seller will ask the Customer’s bank to verify the supplied details; subject to the specific terms and policies of the processing Bank the valid credit card could be confirmed through a payment authorization of a nominal sum. This authorization is not a charge: D.U.Y will charge only once the package is being shipped.
4. DELIVERY OF THE PRODUCTS AND RELEVANT EXPENSES
4.1 D.U.Y, its suppliers and service providers –on behalf of the Customer – shall deliver the products purchased by Customer at the address indicated by the latter in the Order, at the cost specifically indicated in the Website before the Order is confirmed. For specific information on the shipping options, please see here.
4.2 For reasons not directly attributable to D.U.Y, the delivery times could be slightly different to what is indicated on the Order. D.U.Y will not be liable for any losses, damages, penalties, or expenses for failure to meet any delivery date. To receive the delivery of the products, the Customer shall sign the relevant receipt provided to him, having checked that:
• the number of items delivered corresponds to the number indicated in the bill of parcels.
• the packaging is intact, not damaged or wet, and, in any case, unaltered, including the sealing material (sell tape or metal strapping seals).
4.3 Any damage detected in the packaging and/or the product, and any discrepancy found in the number of items or in the indications contained in the bill of parcels shall be immediately reported in the bill of parcel to be returned to the courier.
4.4 Any problem concerning the integrity of the products received, their number and completeness should be reported within 07 days from the relevant delivery in order to allow D.U.Y to proceed with the necessary verifications. Please note that such communication timeframe does not affect Customer’s statutory warranty rights.
4.5 All products come with an identification tag attached with a disposable seal. Customer should not remove the tag or seal from the purchased products should he/she wish to return the same in order to facilitate the return.
5.1 To return a product, a Customer can use the relevant form. For more information, consult our Returns and Exchange section.
5.2 Fill out 03 copies of the Returns Proforma Invoice that came with your parcel. If the forms are not complete, the package will not pass Customs and will be returned to you. Use the Return Label included with your order for easy shipping.
5.3 Unless otherwise agreed by the parties, the amount initially charged to Customer will be reimbursed using the same means of payment used by Customer in the initial transaction.
5.4 Once the products are received,D.U.Y will check them in order to verify that they are consistent with the Terms and Conditions. Should the product(s) only suffer from a minor defect, the right to elect a remedy under clause 5.3 above does not apply, and the Customer may, to the extent permitted by applicable laws, be entitled to repair of the product(s).
6.1 All products sold by D.U.Y are covered by applicable statutory warranties and guarantees
6.2 Nothing in these terms excludes, restricts, or modifies any guarantee, warranty, term or condition, right or remedy implied or imposed by any applicable law which cannot be lawfully excluded, restricted or modified. This may include the Vietnamese Consumer Law (which contains guarantees that protect purchasers of goods and services in certain circumstances).
6.3 If any guarantee, term, condition or warranty is implied or imposed in relation to this agreement (a Non-Excludable Provision) and D.U.Y is able to limit your remedy for a breach of such a Non-Excludable Provision, then D.U.Y’s liability for breach of the Non-Excludable Provision is limited to one or more of the following at its sole option:
– in the case of goods, the replacement of the goods or the supply of equivalent goods, the repair of the goods, the payment of the cost of replacing the goods or of acquiring the equivalent goods, or the payment of the cost of having the goods replaced; or
– in the case of services, the supplying of the services again, or the payment of the cost of having the services supplied again.
7. CLAIMS AND QUERIES
7.1 Any claim or query can be sent to D.U.Y at the following addresses: 78 Le Thi Rieng street, Ho Chi Minh City, Vietnam, or by writing to Customer Care.
9. APPLICABLE LAW
The sale agreement under these Conditions and its performance are governed by Vietnamese Law, without giving effect to the conflicts of law provisions thereof or the United Nations Convention on Contracts for the International Sale of Goods. However, the protection afforded to the Customer by provisions that cannot be derogated from by agreement by virtue of the law applicable at the place where the Customer is domiciled remains unaffected.
10. AMENDMENTS AND UPDATES
10.1 The General Conditions of Sale may be amended from time to time due to new laws and regulations or other reasons. The new General Conditions of Sale shall be effective as of the date of publication on the Site. D.U.Y recommends that each Customer print and store a copy of each applicable version of these Conditions. In any case, any purchase will be ruled by the General Conditions of Sale currently in force and accepted by the Customer at the time of the Order.