Terms and Conditions
Article 1 – Definitions
In these terms and conditions, the following definitions apply:
Withdrawal period: the period within which the consumer can exercise the right of withdrawal.
Consumer: the natural person who purchases the product or service for purposes not related to any entrepreneurial, commercial, artisanal, or professional activity they may carry out, and who concludes a distance contract with the seller.
Day: calendar day.
Long-term contract: a distance contract relating to a series of products and/or services whose delivery and/or purchase obligations extend over time.
Durable medium: any tool that allows the consumer or the seller to store information addressed personally to them in a way that allows future access for an appropriate period, and enables the unchanged reproduction of the stored information.
Right of withdrawal: the right of the consumer to withdraw from the distance contract within the withdrawal period.
Seller: the natural or legal person who offers products and/or services at a distance to consumers.
Distance contract: an agreement concluded within the framework of a system organized by the seller for the distance sale of products and/or services, using one or more means of distance communication up to and including the conclusion of the contract.
Means of distance communication: any means that can be used to conclude a contract without the consumer and the seller being simultaneously present in the same place.
General Terms and Conditions: these general terms and conditions of the seller.
Article 2 – Identity of the Seller
Website name: Costal Dune Boutique
Customer service email: support@costalduneboutique.com
Website: costalduneboutique.com
Business address: 71–75 Shelton Street, Covent Garden, London, WC2H 9JQ, United Kingdom
For privacy and security reasons, complete company and registration details are available upon written request for customers, partners, and competent authorities. All official requests, complaints, or communications will be handled promptly in accordance with applicable Australian consumer protection regulations.
Article 3 – Applicability
These general terms and conditions apply to every offer made by the seller and to every distance contract concluded between the seller and the consumer.
Before concluding the distance contract, the text of these general terms and conditions is made available to the consumer. If this is not reasonably possible, prior to concluding the distance contract, the consumer will be informed where the terms can be consulted at the seller’s premises and that they will be sent free of charge as soon as possible upon request.
If the distance contract is concluded electronically, the text of these terms may also be made available in electronic form so that it can be easily stored on a durable medium by the consumer. If this is not reasonably possible, the consumer will be informed where the terms can be consulted electronically and that they will be sent free of charge electronically or in another way upon request.
If, in addition to these general terms and conditions, specific conditions apply to certain products or services, the second and third paragraphs of this article apply to those special conditions as well. In case of conflict, the consumer may always rely on the provision most favorable to them.
If one or more provisions of these general terms and conditions are declared void or annulled at any time, the contract and the remaining terms will remain in force, and the relevant provision will be replaced by mutual agreement with a provision that most closely reflects the original intent and purpose.
Situations not regulated by these terms will be assessed “in the spirit” of these general terms and conditions. In cases of doubt regarding the interpretation or content of one or more provisions, the interpretation will always be in line with the spirit of these terms.
Article 4 – The Offer
If an offer is valid for a limited period or subject to certain conditions, this will be clearly indicated in the offer.
Offers are non-binding. The seller reserves the right to modify or update the offer at any time.
The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable the consumer to properly assess the offer. If images are used, they faithfully represent the products and/or services offered. Obvious errors or inaccuracies in the offer do not bind the seller.
All images and specific data in the offer are indicative and do not give grounds for compensation or contract termination. Product images faithfully represent the offered items; however, exact color matches between displayed images and the actual product cannot be guaranteed.
Each offer contains information making clear to the consumer their rights and obligations upon accepting the offer, in particular:
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The price, excluding any customs clearance costs, import duties, and applicable Australian taxes (including GST). These additional costs are the responsibility of the customer.
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Any shipping costs.
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The method of concluding the contract and necessary steps.
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Whether the right of withdrawal applies.
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Payment, delivery, and contract execution methods.
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The period during which the offer price is guaranteed.
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Any communication costs exceeding the basic rate.
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Whether and how the contract will be archived and accessible to the consumer.
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How the consumer can check and, if necessary, correct data before concluding the contract.
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Available languages for the contract, besides English.
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Any codes of conduct to which the seller subscribes and how these can be consulted electronically.
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The minimum duration of the distance contract in the case of long-term contracts.
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Optional: sizes, colors, materials available.
Article 5 – The Contract
The contract is concluded at the moment the consumer accepts the offer and meets the corresponding conditions.
If the consumer accepts the offer electronically, the seller will immediately confirm receipt of acceptance electronically. Until receipt is confirmed, the consumer may dissolve the contract.
If the contract is concluded electronically, the seller takes appropriate technical and organizational measures to secure the electronic transfer of data and ensures a secure web environment. If the consumer can pay electronically, the seller will adopt appropriate security measures.
The seller may, within the limits of the law, verify whether the consumer can meet their payment obligations and check relevant facts and factors for a responsible conclusion of the distance contract. If there are justified reasons, the seller reserves the right to refuse an order or attach special conditions to its execution, stating reasons.
The seller will provide the consumer, along with the product or service, with the following information in writing or on another durable medium:
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The seller’s business address for submitting complaints;
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Conditions and procedures for exercising the right of withdrawal, or clear information if withdrawal is excluded;
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Information on warranties and after-sales services;
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The data referred to in Article 4, paragraph 3, unless already provided before contract execution;
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Conditions for terminating the contract in the case of contracts longer than one year or of indefinite duration.
For long-term contracts, the above applies only to the first delivery.
Every contract is concluded under the suspensive condition of product availability.
Article 6 – Right of Withdrawal
When purchasing products, the consumer has the right to withdraw from the contract within 14 days without giving reasons. The withdrawal period starts the day after the consumer or a third party designated by them receives the product.
During the withdrawal period, the consumer must handle the product and packaging with care. They may unpack or use the product only to the extent necessary to determine its nature, characteristics, and functioning. If the right of withdrawal is exercised, the consumer must return the product with all accessories and, if reasonably possible, in its original packaging, following the seller’s instructions.
To exercise the right of withdrawal, the consumer must notify the seller in writing/email within 14 days of receiving the product. After notification, the product must be returned within a further 14 days. The consumer must provide proof of return, for example, via shipping receipt.
Failure to notify or return the product within the specified periods renders the purchase final.
Article 7 – Costs in Case of Withdrawal
If the consumer exercises their right of withdrawal, the return shipping costs are borne by the consumer.
If payment has already been made, the seller will refund the amount within 14 days of withdrawal notification, provided the product has been received back or conclusive proof of return is provided.
Article 8 – Exclusion of the Right of Withdrawal
The seller may exclude the consumer’s right of withdrawal for the following products, provided this was clearly stated in the offer or before contract conclusion:
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Custom-made or personalized products;
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Clearly personal items;
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Items which by nature cannot be returned;
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Perishable or rapidly expiring goods;
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Items whose price depends on financial market fluctuations beyond the seller’s control;
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Single issues of newspapers and magazines;
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Sealed audio/video or computer software unsealed by the consumer;
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Sealed products unsuitable for return for health or hygiene reasons, unsealed after delivery.
Exclusion of the right of withdrawal may also apply to services:
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Relating to accommodation, transport, catering, or leisure activities to be provided on a specific date or period;
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Whose performance began, with the consumer’s explicit consent, before the withdrawal period expired;
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Relating to betting and lotteries.
Article 9 – Price
During the offer validity period, product/service prices will not change, except for adjustments in Australian tax rates (including GST or other mandatory compulsory charges).
The seller may offer products/services subject to financial market fluctuations beyond their control, with variable prices. This will be indicated in the offer.
Price increases within 3 months of contract conclusion are allowed only if legally required. After 3 months, they are allowed only if foreseen and the consumer can withdraw from the contract effective the date of increase.
For orders shipped to Australia, applicable import duties, GST, and customs clearance fees may be charged to the buyer by the carrier, customs broker, or Australian Border Force. The seller does not collect or charge these fees at checkout.
All prices are subject to printing and typographical errors. No liability is accepted for their consequences. In case of obvious errors, the seller is not obliged to deliver at the incorrect price.
Article 10 – Conformity and Warranty
The seller guarantees that the products/services conform to the contract, the offer specifications, reasonable quality and utility requirements, and applicable Australian laws and regulations. If agreed, the seller also guarantees suitability for a special use.
Any warranty offered by the seller, manufacturer, or importer does not affect legal consumer rights.
Defects or wrongly delivered products must be reported in writing within 14 days of delivery. Products must be returned in original packaging and like-new condition.
The warranty period corresponds to the manufacturer’s warranty. The seller is not liable for product suitability for specific uses or for usage advice.
The warranty is void if:
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The consumer has repaired/modified the products themselves or via third parties;
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Products have been exposed to abnormal conditions, mishandled, or used contrary to instructions;
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Defects are due to legal regulations regarding material nature or quality.
Article 11 – Delivery and Execution
The seller will exercise utmost care in receiving and executing product orders.
The delivery address is the one provided by the consumer when ordering.
Subject to Article 4, the seller will fulfill accepted orders promptly and within 30 days unless a longer period was agreed.
If delivery is delayed or impossible (in whole or part), the consumer will be informed within 30 days. In such a case, the consumer may terminate the contract at no cost and may be entitled to compensation.
Upon termination, the seller will refund the amount paid as soon as possible, and within 14 days.
If delivery of the ordered product is impossible, the seller will provide a substitute. It will be clearly indicated at delivery that it is a substitute product. The right of withdrawal cannot be excluded for substitutes. Return costs are borne by the seller.
The risk of damage/loss remains with the seller until delivery to the consumer or a designated third party, unless otherwise agreed.
Article 12 – Long-Term Contracts: Duration, Termination, and Renewal
Termination
The consumer may terminate an indefinite contract for the regular supply of products or services at any time with a maximum notice of one month.
A fixed-term contract can be terminated by the consumer at the end of the agreed period with a maximum one-month notice.
These rights may be exercised:
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At any time, without restriction to a specific period;
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In at least the same way the contract was concluded;
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With the same notice as required of the seller.
Renewal
Fixed-term contracts cannot be tacitly renewed for a fixed period.
Exceptionally, fixed-term contracts for regular newspaper/magazine delivery may be tacitly renewed for up to three months, provided the consumer can terminate with one-month notice.
Fixed-term contracts may be tacitly renewed as indefinite contracts only if the consumer can terminate at any time with one-month notice (three months for contracts with less than monthly deliveries).
Trial/introductory contracts for newspapers and magazines are not tacitly renewed and end automatically.
Duration
If the contract lasts more than one year, the consumer may terminate after one year with one-month notice, unless reasonableness and fairness prevent termination before the agreed end.
Article 13 – Payment
Unless otherwise agreed, consumer payments must be made within 7 working days from the start of the withdrawal period (Article 6). For services, this period starts from receipt of contract confirmation.
The consumer must immediately report any payment data inaccuracies to the seller.
In case of non-payment, the seller has the right to charge reasonable costs, previously communicated to the consumer.
Article 14 – Complaint Procedure
Any complaints about contract execution must be submitted to the seller, complete and detailed, within 7 days after the consumer discovers the defects.
Complaints will receive a response within 14 days. If more time is needed, the seller will inform the consumer within 14 days with an estimated timeline.
If no solution is reached, the dispute may be referred to a dispute resolution procedure.
Submitting a complaint does not suspend the seller’s obligations unless the seller confirms otherwise in writing.
If a complaint is found justified, the seller may, at their discretion, replace or repair the product free of charge.
Article 15 – Disputes
Contracts between the seller and the consumer to which these terms apply are governed exclusively by the laws of the State of New South Wales and the laws of the Commonwealth of Australia applicable therein, even if the consumer resides abroad.
Article 16 – Payment Reporting
In line with Australian regulations and the Australian Taxation Office (ATO) reporting requirements, payment service providers may be required to collect and share certain payment information with Australian tax authorities for compliance and anti-fraud purposes.