Terms & Conditions

All sales made by The Dust Factory ("Seller") to you ("Customer") are governed by these Terms and Conditions of Sale unless otherwise indicated by The Dust Factory in writing.

PLEASE READ THESE TERMS AND CONDITIONS THOROUGHLY BEFORE PLACING AN ORDER. DO NOT PLACE AN ORDER UNLESS YOU UNDERSTAND THESE TERMS AND CONDITIONS AND AGREE TO ABIDE BY THEM. THE DUST FACTORY RESERVES THE RIGHT TO AMEND OR MODIFY THESE TERMS AND CONDITIONS OF SALE AT ANY TIME AT ITS SOLE DISCRETION.

Sale is Contingent on Customer’s Acceptance of Terms and Conditions. Seller shall not accept Customer’s purchase orders unless and until Customer consents to these Terms and Conditions of Sale. These Terms and Conditions of Sale (as set forth on this website) supersede the terms and conditions of Customer's purchase order(s) and will govern all transactions between Customer and Seller. These Terms and Conditions of Sale also apply to all future transactions unless modified in writing signed by Seller and Customer.

Payment Terms

Seller ships orders accepts cash/cashier’s check, Visa/MasterCard, Discover, Amex or PayPal.

Customer will be charged a $25 service charge for any returned check.

All credit card orders will be charged before shipment.

All credit card orders will be charged an additional 3% (of total order before freight) service charge.

Shipping

Customer is responsible for all shipping and freight charges, FOB Seller’s warehouse. Customs' brokerage for international orders is Customer’s sole responsibility. Orders received prior to 2:00 PM (Central Standard Time) will be shipped same day, subject to availability and process time. Inventory will fluctuate on seasonal items. Orders are normally shipped via UPS, Fed ex, or United States Postal Service. Seller will ship using a carrier designated by Customer upon request. Seller will not be responsible for shipping delays caused by a carrier.

Customer must notify Seller at time of purchase if a signature is required for residential deliveries. Seller is not liable for any lost or stolen goods that are delivered to a residence without requiring a signature.

Promotional Codes, Coupons, Discounts

Discounts cannot be combined with any other promotional offer at time of redemption, nor can they be applied to previous purchases or gift certificates. Discount does not apply to tax, shipping and handling, or similar processing charges.

Returns and Cancellations

The Dust Factory does not accept returns on any of our goods. No order can be cancelled once it has been entered into production. Customer will be responsible for all freight and shipping charges on items returned that are not the result of Seller’s error.

Prices, Quantities, Styles, Colors

Prices are subject to change without notice. All merchandise will be shipped at the prices in effect at the time of shipping. All orders are subject to availability

Notice of Defects

Customer is responsible for inspecting the merchandise upon receipt. Customer shall notify Seller in writing WITHIN 10 DAYS OF CUSTOMER’S RECEIPT OF THE MERCHANDISE of any claims for damages resulting from late delivery or any defect in the merchandise discovered by Customer, including, without limitation, claims related to shortages or quality.

Seller shall not be responsible for shortages when shipments are directed to a third party other than Customer.

UNDER NO CIRCUMSTANCES WILL SELLER ACCEPT CLAIMS ON MERCHANDISE WHICH HAS BEEN ALTERED OR MODIFIED IN ANY MANNER.

Any shortages or damages that do occur will be replaced free of charge in Customer's next shipment. Seller will not cover the cost of freight in replacements and may ask for proof of damage upon complaint.

Customer Acceptance of Late or Defective Merchandise

Customer’s failure to provide written notice of a claim, as set forth in these Terms and Conditions of Sale, shall constitute a waiver of any claim Customer may have for damages resulting from such defects, including late delivery.

DISCLAIMER OF WARRANTIES

SELLER CANNOT GUARANTEE VARIANCES IN COLOR, SHADE, SIZE AND CONSTRUCTION OF STOCK MERCHANDISE. SELLER HEREBY DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR PARTICULAR PURPOSE. ALL SUCH WARRANTIES ARE HEREBY DISCLAIMED AND EXCLUDED FROM ANY AND ALL TRANSACTIONS BETWEEN CUSTOMER AND SELLER AND SHALL NOT APPLY TO THE MERCHANDISE SOLD BY SELLER.

LIMITATION ON LIABILITY

CUSTOMER ACKNOWLEDGES THAT SELLER SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR OTHER INTANGIBLE LOSSES (EVEN IF SELLER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), OR PERSONAL INJURIES OR DEATH RESULTING FROM USE OR SALE OF THE SELLER’S MERCHANDISE.

No Liability for Outside Vendors

Seller shall not be liable for any work performed by any third party vendor referred by Seller and hereby waives any right to assert any claim against Seller for work performed by any other third party or vendor, including but not limited to claims for negligent referral, agency, or respondent superior.

Customer's Credit Worsens

Seller has the right, in addition to other remedies provided by the law, to terminate any delivery or suspend further deliveries of other shipments in the event Customer fails to pay for any shipment when the same becomes due. Should Customer's financial condition become unsatisfactory to Seller, in Seller’s sole discretion, Seller may require cash payments in advance or other security satisfactory to Seller prior to shipment of merchandise.

Jurisdiction/Governing Law

Seller is headquartered in the State of Texas, United States of America. These Terms and Conditions of Sale shall be governed by and interpreted under the laws of the State of Texas (without regard to its conflicts of laws principles) and the federal laws of the United States of America. If any provision of these Terms and Conditions of Sale is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Use, which shall remain in full force and effect.

Customer expressly agrees that exclusive jurisdiction for any dispute with Seller, or in any way relating to these Terms and Conditions of Sale, resides in the courts of the State of Texas and you further agree and expressly submit to the personal and exclusive jurisdiction of the courts of the State of Texas in connection with any such dispute including any claim involving the merchandise or Seller or its affiliates, subsidiaries, employees, contractors, officers, directors.

Force Majeure

Neither Buyer nor Seller shall be liable to the other for delays in performance of its obligation hereunder caused by acts of God, war (declared or undeclared), government regulation, terrorism, disaster, strikes, civil disorder, curtailment of transportation facilities, or similar occurrence beyond the party's control, making it impossible, illegal, or commercially impracticable for one or both parties to perform its obligations under these Terms and Conditions of Sale, in whole or in part.

USE OF MATERIALS LOCATED ON THIS SITE:

COPYRIGHTS, TRADEMARKS AND RESTRICTIONS

All materials published on this website (including but not limited to articles, photographs, images, illustrations, audio clips and video clips) are protected by copyrights which are owned and controlled by The Dust Factory or the party credited as the provider of the material. The entire contents of this website are also copyrighted as a collective work under the United States copyright laws, and the selection, coordination, arrangement and enhancement of such content are protected by copyright. You shall abide by all copyright notices and other restrictions contained in any material accessed through the website. No material from this website or any website owned, operated, licensed, or controlled by The Dust Factory may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy of the materials on any single computer for your personal, noncommercial home use, and may print one hard copy of the material on this website for your personal, noncommercial use, provided you keep intact all copyright and other proprietary notices. You acknowledge that you do not acquire any ownership rights by downloading or printing copyrighted material. Modification of the materials or use of the materials for any purpose other than personal, noncommercial use is a violation of the respective owners' copyrights and other proprietary rights. The use of any such material on any other website or networked computer environment is prohibited.

All trademarks, service marks, and trade names are proprietary to The Dust Factory or the other designated owner of a posted mark. Elements of this website are protected by trade dress and other laws and may not be copied or imitated in whole or in part.

Miscellaneous

These Terms and Conditions of Sale constitute the entire agreement between Seller and Customer, superseding any prior agreements between Customer and Seller. The failure of Seller to exercise or enforce any right or provision of these Terms and Conditions of Sale shall not constitute a waiver of such right or provision. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to these Terms and Conditions of Sale must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in these Terms and Conditions of Sale are for convenience only and have no legal or contractual effect.

Questions and Comments

Thank you for reading and agreeing to these Terms and Conditions of Sale.

Please direct any questions or comments regarding the Terms and Conditions of Sale by electronic mail to info@dustfactoryvintage.com or by standard mail to Seller at the following address:

Dust Factory Vintage

2703 Main St. Dallas, TX 75226