Terms of service
BY DUSK TERMS AND CONDITIONS
EFFECTIVE DATE: September 28, 2026
LAST UPDATED: September 28, 2026
Welcome
We are glad you are here. BY DUSK LLC is a Delaware limited liability company based in Hingham, Massachusetts ("BY DUSK", "we", "us", or "our"). We design and sell apparel through bydusk.com and the online store that runs on it (together, our "Site").
These Terms and Conditions (our "Terms") explain how you may use the Site, what you can expect when you order from us, how returns and shipping work, and where each of us stands if something goes wrong. We have tried to write them in plain language. They are still a contract, so please read them.
Our Privacy Policy, available at bydusk.com/policies/privacy-policy, explains what we do with your personal information. It is part of these Terms and is incorporated into them by reference. If the two ever conflict on anything to do with personal information, the Privacy Policy wins.
By browsing the Site or placing an order, you agree to these Terms. If you do not agree with them, please do not use the Site.
1. Who can shop with us
You need to be at least 18 to place an order. If you are under 18, you may use the Site only with the involvement of a parent or guardian, who takes responsibility for the order. Our Site is not meant for children, and we do not knowingly collect information from anyone under 18. More on that in our Privacy Policy.
Everything you buy from us is for your own use, or as a gift. Please do not buy from us to resell, distribute commercially, or export.
2. Your account
You can shop with or without an account. If you create one, keep your password to yourself, keep your details current and accurate, and let us know at support@bydusk.com if you think someone else has got into it. Anything that happens under your account is treated as done by you. Accounts are personal, so please do not sell, share, or transfer yours.
3. What to expect from our garments
We care a great deal about what we make, and we also want to be straight with you about what clothing is and is not. Please read this section before you order.
Color on your screen. Screens vary. Monitors, phones, brightness settings, and lighting all shift how a color reads, and the garment you receive may not look exactly like the photograph. We photograph our products as faithfully as we can, but we cannot promise an exact color match to what you see.
Sizing and fit. Our size guides and measurements are approximate and are offered as a guide, not a promise. Garments are cut and sewn by hand, so measurements can vary a little from piece to piece, and the same size can fit differently depending on the fabric, the cut, and your body. We do not guarantee that any garment will fit you, will fit the way it fits a model, or will match a size you wear in another brand. Fit is the most common reason for a return, which is why we have a returns process.
Natural variation. Fabric is a natural, manufactured material. Weave, texture, slubs, dye lots, and small irregularities differ from batch to batch and from piece to piece. These are characteristics of the garment, not defects.
Care and wear. Follow the care instructions on the label. Clothing that is washed hot, machine dried, bleached, ironed at the wrong heat, or professionally treated against the label may shrink, fade, pill, stretch, or fall apart, and we are not responsible when that happens. Ordinary wear over time is not a defect, and we do not offer a lifetime guarantee on any garment.
Descriptions, photography, and availability. Product descriptions, photographs, styling, and fabric information are provided in good faith and may change without notice. Products are often made in small runs. We may limit quantities, discontinue a product, or decline to restock it, and we do not promise that anything will be available again.
Nothing here takes away rights you have by law. Some places give shoppers rights that a company cannot sign away, and we are not trying to. See Section 22.
4. Orders, prices, and payment
When you place an order, you are making us an offer to buy. We accept it when we send you a confirmation that your order has been accepted, and we need to have received your payment first. Until then we may decline or adjust an order, including if an item is out of stock, if there is an error in the price or description, or if the order looks fraudulent. If we cancel after charging you, we refund you.
Please check your order before you submit it. Once an order is accepted and in processing, we often cannot change or cancel it, although we will try if you email support@bydusk.com quickly.
Stock is limited. Our runs are small and popular pieces sell out. Adding something to your cart, starting checkout, or joining a waitlist does not reserve it for you, and nothing is held for you until your payment has been completed and processed and we have confirmed your order. If an item sells out before that happens, we will let you know and refund anything you have been charged.
Prices are shown on the Site and can change at any time. The price you pay is the one in effect when you order, as shown in your confirmation. Unless we say otherwise, prices do not include tax, shipping, or any customs charges. Sales tax is calculated at checkout.
You promise that the payment details you give us are yours to use and are accurate, and that you will pay everything you owe, including shipping and tax.
5. Discounts, promotions, and giveaways
From time to time we run promotions, discount codes, sales, and giveaways. Each one comes with its own terms, which control for that offer. Unless we say otherwise, offers cannot be combined with each other, apply only while stock lasts, exclude items already reduced, and can be changed or withdrawn at any time. A discount code is for personal use, and we may cancel an order or void a code if it has been shared, sold, republished on a coupon site, or used in a way we did not intend.
Any giveaway, sweepstake, or contest we run is governed by the official rules we publish for it. Those rules will say who can enter, how to enter, how a winner is chosen, and what the prize is, and they take precedence over this section for that giveaway. No purchase is necessary to enter unless the rules say otherwise and the law allows it.
Extras included with a purchase. Sometimes an order includes something beyond the garment itself, such as early access to a future collection or capsule. Where we say an extra is included with your purchase, it is part of what you are buying and we will honor it. We will send it to the email address on your order, so please make sure that address is right. Access of this kind is subject to availability while the collection lasts, is personal to you, has no cash value, and cannot be sold or transferred. Dates can move, and if they do we will tell you. If we are not able to provide an included extra at all, contact us at support@bydusk.com and we will make it right.
Early access and waitlists. Early access means we will send you a link before a collection opens to the public. It is an opportunity to shop early, not a reservation, a pre-order, or a promise that anything in particular will be available or will still be available when you get there. Collections are limited and can sell out at any time, including during an early access window. Joining a waitlist, signing up for our emails, or receiving an early access link does not hold any item for you and does not guarantee that you will be able to buy anything. We may change the date of a collection, change what is in it, or decide not to release it at all. If we do, we will tell you, and if you have paid for something we cannot provide, we will refund you.
6. Gift cards
If we offer gift cards, they are redeemable only on our Site, for the value shown, and cannot be exchanged for cash except where the law requires it. Gift cards are not returnable or refundable. Please treat a gift card like cash: we are not able to replace one that is lost or stolen, and we are not responsible if someone else uses a code you have shared. Any additional terms shown with the gift card at the time of purchase apply as well.
7. Pre-orders, made-to-order, and backorders
Sometimes we take orders for pieces that have not been made or have not arrived yet. If you pre-order or backorder, we will tell you the expected ship window at the time you order, and we will not charge you until the item ships. Expected ship windows are estimates, not promises. If a date slips significantly we will email you, and you can wait or cancel for a full refund. If we cannot fulfil the item at all, we will cancel it and refund you. Items described as made to order or personalised are made for you specifically and, as Section 8 explains, cannot be returned.
Back in stock alerts. If we offer a way to be told when a sold out item returns, signing up only means we will try to let you know. It does not reserve the item, give you priority, or guarantee that the item will be restocked at all.
8. Shipping and delivery
Where we ship. We ship to addresses within the United States and its territories. We do not ship internationally at this time.
We ship to P.O. boxes and to APO, FPO, and DPO addresses.
Processing. We process orders Monday to Friday, excluding public holidays. Orders placed after 12:00 p.m. Eastern Time, at a weekend, or on a holiday start processing the next business day. Most orders leave us within one to two business days after we accept them. Processing time is separate from time in transit. During launches and busy periods it can take longer, and we will say so on the Site.
Getting it to you. Shipping options and costs are shown at checkout before you pay. We currently ship with USPS and UPS. At launch we offer standard ground shipping only. Once your order is on its way we will email you tracking, where the carrier provides it.
Estimated delivery. After an order leaves us, standard shipping usually takes three to seven business days. When expedited shipping is offered at checkout, it usually takes two business days. These are estimates, not guarantees. They do not include processing time, and they cannot account for carrier delays, weather, or anything else outside our control. We do not offer guaranteed delivery by a particular date.
When it becomes yours. Ownership and risk pass to you once we hand your order to the carrier. After that the package is in the carrier’s hands and subject to the carrier’s terms.
If something goes wrong in transit. If tracking stalls or a package looks lost, email support@bydusk.com and we will help you open a claim with the carrier. Carriers usually require a waiting period before a claim can be filed, and the outcome is theirs to decide. If your package arrives damaged, send us photographs of the packaging and the garment and we will put it right under Section 9. If the carrier confirms delivery but you cannot find the package, we are not obliged to replace or refund it. We will still help you with a carrier claim, and it is worth checking with your household, your neighbors, and your building first.
Addresses. Please double check your shipping address. We are not responsible for orders delivered to an address you gave us incorrectly. If a package comes back to us as undeliverable, we will email you, and once you give us a corrected address we will resend it, with the reshipment postage charged to you. If we cannot reach you within 14 days, we may cancel the order and refund the purchase price less the original shipping.
Split shipments. If your order has several items we may send them separately, at no extra cost to you, with separate tracking.
9. Returns and refunds
If something is not right, we want to hear about it. Here is how returns work.
You have 21 days. You can ask to return an item within 21 days of receiving it.
How to start. Email us at support@bydusk.com and include your order number, which is how we confirm your purchase. Tell us which item or items you would like to return. If your return is approved we will email you a shipping label along with instructions.
Who pays for return postage. We will send you the label, and a flat return shipping fee of $8.00 is deducted from your refund. We charge the same flat fee whatever the carrier actually charges us. The one exception is below: if we got the order wrong, we cover it.
Condition. Garments need to come back unworn and undamaged, and with the original tags attached where the garment has them. Some of our pieces carry only sewn-in care and brand labels rather than hang tags, and in that case the tag requirement simply does not apply.
Please wait for approval. We can only accept returns we have approved and labelled. Items sent back without going through the process above cannot be accepted.
Send returns to: BY DUSK LLC, 24 West Street #R, Hingham, MA 02043, United States.
If we made the mistake. If we send you the wrong item, or an item that arrives damaged or faulty, email support@bydusk.com as soon as you can with your order number and a photograph. We cover return shipping in that situation, and you can have a replacement if we have one, or a full refund.
Final sale items. Some garments are sold as final sale and cannot be returned, refunded, or exchanged. A garment can be final sale even when it is sold at full price, so please check the product page. We label final sale items clearly on the product page, next to the add to cart button, before you buy.
Other things we cannot take back. Gift cards, and anything custom, personalized, or made to order.
Your refund. Once your return reaches us we will inspect it and let you know. Approved refunds go back to your original payment method through Shopify within five to ten business days of our receiving the return. Your bank or card issuer may take a little longer to post it. Refunds cover the price of the garment, less the $8.00 return shipping fee. Original shipping charges are not refunded, unless the return is down to our error or the law requires it. If it has been more than fifteen business days since we told you your refund was approved and you still have not seen it, email support@bydusk.com.
10. Exchanges
Exchanges are free. If you would like a different size or color, email support@bydusk.com within 21 days of receiving your order, with your order number, and tell us what you would like instead. If the size or color you want is in stock, we will send you a prepaid return label and ship the replacement to you at no charge. You pay nothing to send the original back and nothing for us to send the new one. If what you want is out of stock, we will process a standard refund under Section 9 instead, with the $8.00 return shipping fee deducted. Final sale items cannot be exchanged.
11. Accessibility
We want everyone to be able to browse, choose, and buy from us comfortably and independently, including people with disabilities. Accessibility is something we work at continuously rather than something we finish.
The standard we work to. We use the Web Content Accessibility Guidelines (WCAG) 2.1 at Level AA, published by the World Wide Web Consortium, as our reference. WCAG is built on four ideas, and here is what each means in practice on a clothing site:
- Perceivable. You should be able to take in the information whichever sense you are using. Product photographs carry alternative text so a screen reader such as NVDA, JAWS, or VoiceOver can describe them; controls are labelled so they can be read aloud, enlarged, or sent to a braille display; and video or audio that carries real information gets captions, description, or a transcript that notes who is speaking.
- Operable. Everything on the Site should work without a mouse. We work toward full keyboard operation, a visible focus indicator, support for speech input and switch and sip-and-puff devices, touch targets large enough to hit comfortably, more than one way to find a page, and nothing that flashes more than three times a second. Where motion can be switched off, it can.
- Understandable. Navigation stays in the same place from page to page and buttons keep the same labels, so nothing shifts under you. We write product and policy copy in plain language, keep sentences short, and explain jargon the first time we use it. Forms have clear labels, specific error messages, and a chance to review before you submit.
- Robust. The Site should work with different browsers and assistive technologies, now and in future. That means valid markup, properly structured headings, lists, and tables, and a proper name, role, and value on custom controls. For dynamic pieces such as modals, live regions, and custom widgets, we use WAI-ARIA, the W3C specification for making scripted interfaces accessible.
Color and contrast. We aim for sufficient color contrast, text that can be resized, and a palette that works for shoppers with color vision deficiency, so that nothing important is carried by color alone.
Downloads. Where we offer a document to download, we work to give it tagged structure, real selectable text rather than a scanned image, and alternative text on any images inside it. If you need a document in a different accessible format, just ask and we will send it at no charge.
Where we are. We are working toward WCAG 2.1 Level AA. We do not claim that the Site is fully conformant today, or that every page and feature is free of barriers. Parts of the Site rely on the Shopify platform and on third-party apps, plug-ins, fonts, and embedded content that we do not control and cannot change, and their accessibility varies. We keep reviewing and improving, including whenever we make significant changes such as a new product launch or a redesign.
Tell us if something blocks you. If you hit a barrier, or you need help finding, choosing, or buying something, email support@bydusk.com, marked for Accessibility, or write to us at the address in Section 26. It helps if you can tell us the page, what happened, and which browser or assistive technology you were using. We aim to reply within five business days. If you cannot complete something on the Site, we will work with you to do it another way, at no extra cost to you.
Nothing in this section is a waiver of any right or defense available to BY DUSK, an admission of any fact or liability, or a representation that the Site meets any particular standard or legal requirement.
12. Reviews
We may offer a way to leave a review on the Site. If we do, we would love to hear what you think of what you bought, and we want those reviews to be real. So a few ground rules.
Please review honestly. Only review something you actually bought or received from us, and say what you really think. Do not post a review on behalf of someone else, and do not post one if you work for us, are related to someone who does, or have any other connection to us, unless you say so clearly in the review itself.
If you were given something for it, say so. If we sent you a free or discounted product, paid you, entered you into a prize draw, or gave you anything else in exchange for a review, disclose that plainly in the review. We ask this of everyone we work with, and we never ask for a positive review as a condition of anything.
What we do with reviews. We do not write fake reviews, buy them, or suppress honest negative ones. We may decline to publish or may remove a review that is off topic, abusive, discriminatory, obscene, threatening, unlawful, includes someone’s personal information, is spam or advertising, infringes someone’s rights, or is not about a product we sold. We are not obliged to monitor reviews, and a review reflects the view of the person who wrote it, not ours.
Your review belongs to you, and you let us use it. See Section 14.
13. Tagging us and social media
We love seeing our clothes out in the world, and we often share customer photos. Here is how that works so nobody is surprised.
If you tag us, you are giving us permission. If you post a photograph or video on a public social media account and you tag @byduskbrand, use #bydusk or #byduskbrand or another hashtag we designate, or send it to us directly, you are granting BY DUSK a worldwide, royalty-free, non-exclusive, transferable, sublicensable license to reproduce, adapt, crop, publish, display, and distribute that content on our Site, in our emails, in our social media accounts, and in our advertising and marketing, along with your account handle, in any medium, including formats not yet invented. You are not entitled to payment for this.
What you are confirming when you tag us. That the content is yours or you have the rights to it, that any other identifiable person in it has agreed to this use, that anyone under the age of majority in it has the agreement of a parent or guardian, that it does not infringe anyone’s copyright, trademark, privacy, or publicity rights, and that it is not unlawful, defamatory, obscene, or abusive.
Changing your mind. If you would rather we stopped using something, email support@bydusk.com and tell us which post, and we will take it down from anything we control as soon as we reasonably can. We may not be able to recall a printed piece, an email already sent, or something a third party has already reshared.
We will always ask before a big one. For a campaign, a paid advertisement, or a use on packaging or in-store, we will come to you for separate written permission rather than relying on a tag.
Our own accounts. Our social media accounts are ours to run. We may hide or delete comments, and block accounts, for the same reasons we would decline a review under Section 12. Each platform has its own terms, and those govern your use of the platform itself.
Working with us. If you are an influencer, affiliate, ambassador, or creator working with us, your separate agreement with us governs, and you must clearly and conspicuously disclose your relationship with us in every post, in line with the Federal Trade Commission’s endorsement guidance and any platform requirement.
14. Anything you send us
If you send us a review, photograph, video, idea, suggestion, or any other content, through the Site, by email, or by tagging us as described in Section 13 ("Feedback"), you are giving us permission to use it. You grant us a perpetual, irrevocable, worldwide, royalty-free, sublicensable license to use, reproduce, adapt, publish, distribute, and display it in any medium for any purpose, including our marketing.
You confirm that the Feedback is yours to send, that it does not infringe anyone else’s rights, that it is not unlawful, defamatory, obscene, or abusive, that it carries no viruses, and that you have told us about any payment or incentive you received for it.
We do not have to keep Feedback confidential, pay for it, or reply to it. We may remove or edit anything we consider objectionable, but we are not obliged to monitor what people post, and we are not responsible for it. If you send us an idea or suggestion for a product, we may already be working on something similar, and we are free to use your idea without owing you anything.
15. Emails and text messages
When you order from us we will email you about your order, your account, and anything else we need to tell you. Those are not marketing and you cannot unsubscribe from them while you have an active order.
If you sign up for marketing emails, we will send you news, launches, and offers. You can unsubscribe at any time using the link at the bottom of any of them.
If you give us your mobile number and agree to receive text messages, we may send you a few messages per month about launches and offers. Message and data rates may apply. Reply STOP to any message to stop, and HELP for help. Consent to marketing texts is not a condition of buying anything from us.
We send these messages through a third party email and text marketing provider, and our Privacy Policy explains what that means for your information.
16. Using the Site properly
Please use the Site lawfully. Do not use it to break any law, infringe anyone’s intellectual property, harass or abuse anyone including our team, impersonate anyone, send spam, upload viruses or malicious code, collect other people’s personal information, scrape or extract any part of the Site by robot, spider, or automated tool including artificial intelligence tools, or get around any security or access restriction we have put in place. We can suspend or close your account, without notice, if you do.
Automated agents. If you use software that acts on your behalf without direct supervision, it must identify itself as an agent in its requests, must not pretend to be human or work around CAPTCHAs and similar checks, must answer honestly when asked whether it is a person or a machine, and must respect any technical limits we set. We may block or restrict agents at any time.
17. Our brand and content
Everything on the Site, including the designs, text, photographs, graphics, video, audio, and the way it is all put together, belongs to BY DUSK or the people who license it to us, and is protected by copyright, trademark, and other laws. You are welcome to use the Site for your own personal, non-commercial purposes. Beyond that, please do not copy, reproduce, republish, distribute, modify, or create anything derived from our content without our written permission. BY DUSK names, logos, and designs are our trademarks, and using them in a way that suggests we endorse you, or to sell anything, needs our written permission. Other marks on the Site belong to their owners. Any rights we have not expressly granted here, we keep.
If you believe someone is selling counterfeit BY DUSK goods or misusing our brand, please tell us at support@bydusk.com.
18. Copyright complaints
We respect other people’s intellectual property. If you believe something on the Site infringes your copyright, send a notice to our designated agent with the information required by 17 U.S.C. § 512(c)(3): identify the work, identify what you say is infringing and where it is, give us your contact details, state that you believe in good faith that the use is not authorized, state that your notice is accurate, and confirm under penalty of perjury that you are authorized to act for the copyright owner. We may close the accounts of repeat infringers.
Designated Agent: Copyright, BY DUSK LLC, 24 West Street #R, Hingham, MA 02043, support@bydusk.com.
19. Third-party links, tools, and our platform
The Site may link to, or include tools from, other companies. We do not control them, we provide them as they are and as available, without any warranty or endorsement, and we are not responsible for them. Please read their terms before you use them, and take up anything that goes wrong with them directly.
Our Site runs on Shopify. Shopify provides the platform, the hosting, and the checkout. When you shop with us you are also using Shopify’s services, so Shopify’s own terms apply to you as well, and you should read them: Shopify’s Terms of Service at shopify.com/legal/terms and Shopify’s Consumer Privacy Policy at shopify.com/legal/privacy/app-users. If you use a Shopify feature such as Shop Pay or a Shop account, Shopify’s terms for that feature apply to it. Those are Shopify’s documents and Shopify can change them. Your purchase of a garment, though, is a contract between you and BY DUSK, and we are the ones who will put things right if something goes wrong with your order.
20. Mistakes on the Site
Occasionally something on the Site will be wrong: a price, a description, a shipping cost, a transit time, or whether something is in stock. We may correct it, and change or cancel an affected order, at any time and without notice, including after you have ordered. If we cancel after charging you, we refund you.
21. Privacy
What we collect and what we do with it is set out in our Privacy Policy at bydusk.com/policies/privacy-policy, which forms part of these Terms.
22. What we promise, and what we do not
We stand behind what we make. We also want to be clear about where our promises stop, and we would rather write something that holds up than something that sounds sweeping and does not. So this section is split between the Site itself and the garments we sell, because the law treats them differently.
The Site. The Site, and any information, tool, or feature on it, is provided "as is" and "as available". To the fullest extent the law allows, we make no representation, warranty, or condition of any kind about the Site, express or implied, including any implied warranty of merchantability, fitness for a particular purpose, title, or non-infringement. We do not promise that the Site will be uninterrupted, timely, secure, error free, or free of viruses, or that any defect will be fixed. Anything you do in reliance on information on the Site is at your own risk.
Content on the Site. Product descriptions, photographs, styling, fabric information, size guides, care guidance, look books, and editorial content are offered in good faith for general information. We do not warrant that any of it is accurate, complete, current, or useful, and we may change it at any time without notice.
Our journal and any blog posts. Anything we publish on a blog, journal, or similar part of the Site is our opinion and general commentary, offered for interest only. It is not professional advice of any kind, and it is not a promise about how a garment will perform. We may edit or remove posts at any time, and we are not obliged to keep them current. Where a post mentions a third party product, service, or brand, that is not an endorsement unless we say so, and where a post is sponsored or we have been given something in return, we will say so clearly in the post itself.
Third-party material. Anything on the Site that comes from someone else, including apps, plug-ins, embedded media, payment interfaces, reviews, and links, is provided without any warranty or endorsement from us, and we are not responsible for it.
Our garments: what we do promise. We promise that a garment will match the description we gave for it, read together with Section 3 above. Section 3 is part of that description, so the things it tells you about color on screen, approximate sizing, natural variation in fabric, and the effect of care and wear are part of what you are buying and are not faults.
Our garments: what we do not promise. Beyond that description, and beyond any warranty we give you in writing, we make no express warranty of any kind. In particular we do not promise that a garment will fit you, will fit as it fits a model, will match a size you wear in another brand, will match a color exactly as your screen showed it, will perform in any particular way, or will remain available. We do not choose garments for any particular purpose of yours, and we give no warranty of fitness for a purpose unless you told us the purpose in writing and we confirmed it in writing. No statement by us or by anyone acting for us, spoken or written, creates a warranty that is not set out here.
Implied warranties. To the fullest extent the law allows, we exclude the implied warranties of merchantability and fitness for a particular purpose in connection with anything you buy from us. Where the law does not allow that exclusion, it does not apply to you and those warranties apply in full. If you are a Massachusetts consumer buying for personal, family, or household use, Massachusetts law does not permit us to exclude or limit those implied warranties, or to limit your remedy for a breach of them, and we are not attempting to. Some other states have similar rules. This paragraph is not a limit on your rights, it is a statement that we are not trying to take rights you cannot give up.
23. Limits on what we owe
These limits apply to the fullest extent the law allows, and no further. Where the law does not allow a limit, it does not apply to you, and the rest of this section still stands.
Indirect losses. NEITHER BY DUSK NOR ITS MEMBERS, MANAGERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, OR LICENSORS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES, OR FOR LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, LOSS OF GOODWILL, OR THE COST OF SUBSTITUTE GOODS, ARISING OUT OF YOUR USE OF THE SITE OR ANY PRODUCT BOUGHT THROUGH IT, WHETHER THE CLAIM IS IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, AND EVEN IF WE HAVE BEEN TOLD SUCH DAMAGES ARE POSSIBLE.
A ceiling on direct losses. OUR TOTAL LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS, THE SITE, OR ANY PRODUCT BOUGHT THROUGH IT WILL NOT EXCEED THE GREATER OF THE AMOUNT YOU PAID US FOR THE PRODUCT THE CLAIM RELATES TO, OR ONE HUNDRED DOLLARS ($100.00).
What these limits do not touch. Nothing in this section limits or excludes: liability for death or personal injury caused by our negligence; liability for fraud or fraudulent misrepresentation; liability for personal injury caused by a consumer good, which the law does not allow us to limit; your remedies for breach of any implied warranty that applies to you under Section 22; or any other liability that cannot be limited or excluded by agreement. If you are a Massachusetts consumer, the limits in this section do not apply to a claim for breach of the implied warranties of merchantability or fitness for a particular purpose.
These limits apply to the Site and to our dealings with you generally. They are not a substitute for our returns process: if a garment arrives wrong, damaged, or faulty, Section 9 tells you how we put it right, and that is usually the quickest answer for everyone.
24. If you cause us a problem
If someone brings a claim against us because of something you did, you agree to cover us for it. More formally, you agree to indemnify, defend, and hold harmless BY DUSK and our affiliates, members, managers, officers, employees, agents, contractors, and licensors against any loss, damage, liability, or claim, including reasonable legal fees, arising out of your breach of these Terms, your breach of the law or of anyone’s rights, or your use of the Site. We will tell you about any such claim, and we may take over its defense at your expense, though we will not settle anything that requires something of you without your agreement, which you will not unreasonably withhold.
25. If we disagree
Talk to us first. If you have a problem with us, please tell us before doing anything else. Email support@bydusk.com with a description of the issue, what you would like us to do about it, and how to reach you. We will try in good faith to sort it out with you within 30 days. Please do not start legal proceedings before that 30 days is up, although either of us can seek urgent injunctive relief at any time if we need to. Most problems end here, and this is by far the quickest route for everyone.
Claims are brought individually, not as a class. You and BY DUSK each agree that any claim will be brought only in your or our own individual capacity, and not as a plaintiff or class member in any purported class, collective, consolidated, coordinated, or representative proceeding. Unless you and we agree otherwise in writing, no decision-maker may consolidate the claims of more than one person, or preside over any form of class or representative proceeding. This paragraph does not apply to any claim that cannot lawfully be waived, and if it is held unenforceable as to a particular claim, that claim is severed and heard in court while this paragraph continues to apply to everything else.
Jury trial. To the fullest extent the law allows, you and BY DUSK each knowingly and voluntarily give up any right to a trial by jury in any proceeding arising out of these Terms or the Site.
Which law applies. BY DUSK is a Delaware limited liability company, and these Terms are governed by the laws of the State of Delaware, without regard to conflict of laws rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
Where claims are heard. Any claim arising out of these Terms or out of the Site must be brought in the state courts of the Commonwealth of Massachusetts sitting in Plymouth County, or in the United States District Court for the District of Massachusetts. We each agree to those courts and give up any argument that they are an inconvenient forum.
Rights you cannot sign away. Nothing in this section takes away the protection of any law of the place you live that cannot be set aside by agreement. If you are a consumer in Massachusetts, the consumer protection law of Massachusetts continues to apply to you whatever this section says, and the same is true of the consumer protection law of any other state whose law cannot be displaced by agreement.
26. Getting in touch
For anything at all, including questions about these Terms, an order, a return, or accessibility:
BY DUSK LLC
24 West Street #R, Hingham, MA 02043, United States
Copyright notices go to the designated agent in Section 18.
27. Things outside anyone’s control
We are not responsible for failing to do something under these Terms, or for being late, where the cause is outside our reasonable control. That includes natural events, fire, flood, severe weather, epidemic, war, terrorism, civil unrest, strikes or labor disputes, factory or supplier failure, shortages of materials, carrier disruption, utility or internet failure, cyber attack, and action by any government or authority. If something like that happens we will tell you as soon as we reasonably can, and if it goes on for a long time either of us can cancel the affected order and we will refund you.
28. Communicating electronically
By using the Site you agree that we can communicate with you electronically, and that emails, messages, and things we post on the Site meet any legal requirement that a communication be in writing. Please keep your email address current, because that is where we will send order updates, notices, and anything else we need to tell you about. If you need something from us on paper, just ask.
29. Housekeeping
Changes. We may update these Terms. When we do, we will post the new version here and update the date at the top, and we will give any extra notice the law requires. Changes take effect when we post them, or on the date we give, and continuing to use the Site means you accept them.
Ending things. We may end these Terms, or your access to the Site, at any time and without notice. You will still owe anything you owed up to that point. The sections that should sensibly outlive the Terms do so, including Sections 13, 14, 17, 18, 22, 23, 24, and 25, and our Privacy Policy.
If part of this does not hold. If any part of these Terms turns out to be unenforceable, that part is treated as removed and the rest still stands.
Not enforcing something once. If we do not enforce something straight away, we have not given up the right to enforce it later.
The whole agreement. These Terms, together with our Privacy Policy and anything else we post on the Site, are the entire agreement between us about the Site, and replace anything said or written before. Headings are for convenience only, and nothing is read against us just because we wrote it.
Transferring. You cannot transfer or assign these Terms or your rights under them without our written consent. We may transfer ours, without notice.