Terms of service
Definitions
In these terms and conditions: "dynacart", "we", "our" and "us" means dynacart Limited, whose registered office is at dynacart HQ, 2 Geraldu Farrugia St, Malta. "Us" and "you" means any user of the website including any user who makes a purchase through the website (a "Buyer").
References to the term "dispatched" or “shipped” means the point at which an item or goods leave our warehouse or drop shipper and is handed to the courier. References to the term "dispatch date(s)" mean the date(s) when the order is handed by our warehouse or drop shipping partner to our courier.
Formation of agreement
2.1 An agreement governing your use of the dynacart website, all stages of the process and our sale of goods when we receive confirmation of your order is made on the basis of these terms and conditions (this agreement between us is referred to in these terms and conditions as the "Agreement").
2.2 Buyers must be over the age of 18 years old and have full legal capacity.
2.3 Amendment to Terms: dynacart reserves the right to modify this Agreement. The terms and conditions in force at the time an order is confirmed will govern any particular order. We will keep a record of terms and conditions and dates of any changes made.
2.4 Dispatch Dates: dynacart is a multi-category online retailer that offers end-of-line products, including but not limited to designer and selected brands’ clothing, accessories, beauty products, shoes and homeware at discounted prices to registered members. All sales are limited in terms of time and stock and all orders are subject to availability. Due to the nature of our business, we may not have the items in stock. Instead, we would have reserved the items with our supplier or drop shipping partner for the duration of the sale and only ordered it from our supplier or partner at the end of the sale and therefore we may have to wait to receive items from our suppliers. Consequently, whilst we endeavor to dispatch items within the indicated dates, orders may sometimes take longer and we will advise Buyers of the status where applicable.
2.5 Payment: Payment will be deducted from the Buyer’s debit/credit card or PayPal account within four (4) working days of an order being accepted by dynacart.
Placing an order
3.1 To place an order, you should select the required item and add it to the basket by clicking on the ‘Add to Cart’ button. You can review the selected item(s) at any time by clicking on the ‘View Cart’ link and then continue shopping by clicking on the ‘Continue Shopping’ link. Once you have completed your shopping, please click on the ‘Proceed to Checkout’ button. Items will only be held in your basket for 15 minutes before being released back into stock. Please note that on the dynacart website, the Buyer can order from different brands whilst paying a single delivery charge.
3.2 Next, you will be asked to enter/confirm your personal details, billing and delivery address before moving to "Summary of your order". In "Summary of your order", you will be able to check the information relating to the item(s) ordered, quantity, price and total. To update your delivery address for any outstanding orders, please contact Customer Service. We are unable to change your delivery address for any item/s which are being packed within our warehouse (In preparation), or which have already been shipped.
3.3 If you place multiple orders, the delivery charge will apply to each transaction as we are unable to combine orders together.
3.4 Orders are accepted at our sole discretion provided that the item(s) is(are) available, the order reflects current pricing, and that your credit, debit card or PayPal account is authorised for the transaction. On some occasions, sales may not be available to all territories. Where applicable, this will be stated in the sale. Because of the nature of our business, no orders can be accepted or processed after the sale has ended.
3.5 All orders are subject to acceptance and availability. In the event that an item you have ordered is out of stock, we will endeavor to inform you as soon as we are made aware by our supplier. The order relating to the unavailable item will be canceled and a full refund will be applied. Where the Buyer′s order is for multiple items, the rest of the order will remain valid (including all delivery charges) unless the Buyer notifies us. Where the Buyer′s order is for that single canceled item, delivery charges will be refunded in full. Notification will be sent to the Buyer via an email to the address provided at registration, confirming that the Buyer’s refund has been processed. It will take a minimum of four (4) working days from receipt of such an email for the refunds to appear in the Buyer′s bank account.
3.6 All orders have to be placed through the website. dynacart is unable to process any manual payments or orders (e.g. by phone, mail, fax etc). dynacart is also unable to amend orders after they have been placed and confirmed through the website.
3.7 Cancellation Right: You have the right under The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 to cancel your order at any time before dispatch of the item(s) or within 14 working days of receipt of the item(s) by following our returns process. However, if your order is showing as ‘Order being prepared" or "Order dispatched", we will be unable to cancel at this stage as the order is packaged and on its way to you. In cases like these, refusal of the delivery will be the option. You will be refunded the postage charge of your item(s) where the entire order is returned. Should you need to cancel an order, please contact dynacart’s Customer Service team.
3.8 Restricted Items: The purchase of items with age restrictions will require proof of age. We will require items with age restrictions to be placed using a Credit Card to confirm your age. We may contact you via telephone to verify your age and we will require documentary evidence, such as a driving license, passport or birth certificate to be sent to us. Should we deem that the identification is not valid or identification cannot be provided for the purchase, we may cancel the order. The courier delivering such an order may request identification at the point of delivery to verify the Buyer′s age. Where such identification cannot be provided or the courier is not satisfied with the age of the recipient, the courier may retain the delivery.
3.9 The sales on dynacart will close at 03.00 (3am) GMT on the stated sale end date. Sale-end-date information can be found on the sales homepage.
3.10 Products of a large size that are fulfilled directly by our supplier, may incur an additional delivery charge. Please check the product description or basket page for further details on shipping costs.
Pricing and Payment
4.1 All items are priced originally in US dollars and then converted to the local currency of each website user. All prices are exclusive of delivery charges, which will be indicated to you during the ordering process.
4.2 We reserve the right to modify our prices at any time but the items will be charged at the rate, which was current at the time the order was placed.
4.3 The original recommended retail price (RRP) quoted in the description of an item is the price provided by our supplier as the full selling price of the item when the item was originally in the supplier's distribution network. This price is provided for comparison purposes only.
4.4 In the event of a pricing error, we reserve the right to cancel items and refund the payment back to the Buyer.
4.5 Once you have reviewed your order and provided your personal details, you will be invited to check out by clicking on ‘Proceed to Checkout’. Payments will be processed by credit card, debit card or PayPal through a secure payment service. For security reasons, dynacart only stores the last 4 digits of saved payment cards. Payment will be deducted within four (4) working days of an order being accepted.
4.6 As an added security measure, you might be requested to send us, within 4 working days, a certified proof of ID (e.g. a certified copy of your passport or driving license) as well as proof of address for the past 3 months. In the event that payment cannot be made in accordance with section 5.5, the order will not be processed and will automatically be canceled.
4.7 All refunds will be made to the card used in the original transaction. To comply with audit standards, the card or account details used for refunding a purchase cannot be amended.
4.8 Should a refund be rejected for any reason by either dynacart's bank or the Buyer’s bank, dynacart’s Customer Service team will contact the Buyer to discuss alternative options to make the refund effective.
Acceptance of your order
5.1 Once the payment has been accepted, the contract is formed and the order cannot be edited (except changing sizes within conditions stated in paragraph 4.5).
5.2 We will confirm receipt of your order to the email address you provided at the time of registration. It is recommended that you retain that email or print out confirmation of your order.
5.3 In the event that the Seller accepts an order from a Buyer and that for reasons beyond the control of the Seller they are unable to supply the goods ordered to the Buyer, then the Buyer agrees to accept the repayment of the amount paid to the Seller in full and final settlement of all and any claims it may have against the Seller for non-delivery.
Dispatch dates
6.1 Estimates: We will endeavor to dispatch your goods within one (1) and twenty (20) working days of the Order Date. Dispatch dates are an estimate only. dynacart will not be held liable in any way for the late delivery of goods that are provided within 30 days of the Order Date or agreed by you to fall outside this period. This does not affect your statutory rights.
Should you order items from one or more sale, your order will automatically be split shipped once items become available within our warehouse.
Items available to us right away will be delivered to you within 3-5 days and when it will take longer, the delivery dates are made clear throughout your order journey.
Failed Delivery
7.1 If the recipient of the order is not present at the time of delivery, a delivery note will be left, stating that the courier will re-attempt delivery the following day, or that the parcel has been left in a secure location outside of the property or with a neighbour. If this is not possible, the parcel will be returned to the courier delivery depot and the driver will attempt to deliver your parcel the following day. If the parcel has been returned to the courier depot after three (3) attempts, then the parcel will be returned to our warehouse. It will automatically be returned to dynacart as undeliverable. We are unable to resend packages that are returned to us as undeliverable. In that case, we will refund the Buyer the value of the goods ordered including delivery charges. It can take up to 45 days for our warehouse to process your refund from the date the courier has advised the parcel has been returned to sender.
7.2 In the event of a delivery dispute an investigation will be raised with the courier service. Please note that investigations can take up to 30 working days, after which time, dynacart will provide the buyer with a full update.
Damaged or defective orders
8.1 Note the damage: We take care when shipping orders but we recommend that on receipt, the recipient should carefully check their order for the conformity of the item(s) received. Any delivery problem with the order should be notified to dynacart’s Customer Service team, within eight (8) working days of receipt.
8.2 Return the item: Please return to dynacart as soon as possible (in accordance with section 10 below) any incorrect or defective item.
8.3 Refunds: Due to its supply process (see paragraph 2.4), dynacart is unable to provide replacements for incorrect or defective goods or undertake repairs. Subject to a full investigation by us with our supplier and with the courier, dynacart will provide a full refund for a defective, incorrect or missing item (return postal charges will only be refunded where the item has been found to be wrongly described or defective).
8.4 Investigation: There is no specified period for how long such an investigation may take and this will vary according to the product and the supplier. We will do our best to give you an indication of the estimated investigation time at the start of the process.
Returns policy
9.1 Cancellation Right: You have the right to cancel your order at any time before dispatch of the item(s) or within twenty eight (28) working days of receipt of the item(s) by following our returns’ process. Note that cancellations for your order can only be made until the order shows "Order being prepared" or "Order dispatched". You will be refunded the postage charge of your item(s) where the entire order is returned. Should you need to cancel an order, please contact dynacart’s Customer Service team by email or phone.
9.2 Condition of Items for Returns: The Buyer must return the item(s) in good condition, unused and with their original packaging (including dust bags in the case of handbags).Additionally, for electrical or electronic items, products must be returned in their original, unopened packaging and with any tamper seals intact. dynacart reserves the right to refuse or to reduce a refund on any item that is incomplete, damaged or dirtied.
9.3 Returns Process: It is the Buyer′s responsibility to ensure that the return form is enclosed with the parcel. Should the Buyer fail to enclose the return form, dynacart may not be able to refund the items until able to identify the related order. Should the Buyer fail to return their goods to the return address provided, dynacart will not be held responsible for any delays to refunds or postage issues.
Please follow the instructions on your returns form, which will advise you on the returns option available to you, and where to send your item/s back to. Please ensure your item is returned to the address listed on your returns form/dispatch note, which was delivered with the item.
We will process your refund within 14 calendar days of receiving your return.
Please note if you have received a part shipment of your order, you may wait until the full order has been delivered before returning an item/s.
9.4 Other Returns: Other than for defective products, returns outside the timeframe set out above, may be accepted at the sole discretion of dynacart and may be refunded as a credit to be spent online. Any unauthorised returns will be refused.
9.5 Cost of returns: Members will incur the cost of returns unless (i). the product received is incorrect, or (ii). deemed damaged or faulty – photographic evidence will be required. If returns are received with insufficient postage, dynacart will deduct the shortfall plus a $20 admin fee from the refund of the items returned to cover the shipment cost and the administration charges.
9.6 The following items are non-returnable and non refundable:
- Lingerie/ Swimwear
- Hosiery
- Earrings
- Cosmetics/Beauty Products
- Food and products containing alcohol, not including wine.
- Personalised/custom-made items.
9.8 Postage for Returns: it is the Buyer’s responsibility to ensure that the items are sufficiently insured for claim purposes. No additional charges will be covered by dynacart. This does not affect your statutory rights to return faulty or misdescribed goods under paragraph 9.3 above.
9.9 Lost Returns: Should the Buyer′s chosen courier fail to deliver or lose their return parcel, it is the Buyer′s responsibility to claim compensation from the courier directly. dynacart is not liable for any lost return parcels.
9.10 Insurance on Returns: Please note that it is the Buyer′s responsibility to choose the most appropriate method for returns with the appropriate insurance. dynacart cannot be held responsible for any unforeseen delays, eg strikes, riots, war or act of God (each an "Event" as defined in paragraph 19.1).
Discount Codes and vouchers
10.1 You may occasionally receive promotional discount codes from us via email or through promotional materials. Discount codes may be based on a minimum spend and will always exclude delivery charges. Offers will expire at 00:00am on the date stated in the promotion. Should the Buyer cancel or return items from an order where a promotional discount code has been used, no refund of this promotional code or equivalent value will be provided.
10.2 Discount codes and vouchers cannot be split into smaller values and any remaining amount left on a discount code or voucher after a purchase cannot be retained. Accordingly, the use of a discount code requires the total value of the order (excluding delivery charges) to be equal to or higher than the monetary value of the discount given by the code or the voucher. Some discount codes may specify a minimum spend in order to be used. In this case, the monetary value of the order (excluding delivery charges) has to be equal to, or higher than, the minimum spend specified.
10.5 Under no circumstances can the value of a discount code be deducted from an order if that code is defective or out of date: no replacement codes will be issued.
10.6 To use a discount code in "Shopping Basket", you must click on the link "Your promotion codes". After having selected the discount code you want to use, click on "Apply Code" link.
10.7 To use a voucher in ‘"Shopping Basket" or "Checkout", you must select the voucher of choice out of the vouchers offered in "Your promotion codes/Vouchers & Promotion Codes".
10.8 When an order is placed using a discount code or voucher and it contains a number of items, the value of the discount is spread over each item according to the prorated value of each item. Any refund of an item bought in such an order will be reduced by the value of discount attached to it.
10.9 Only one discount code can be used per order.
10.10 Only one discount code can be used per household.
10.11 Certain items may be excluded from the promotion.
Access to the website and content
11.1 dynacart is continually reviewing the items available on the website, so specifications or design changes may be made at any time. We shall use reasonable commercial endeavors to keep the website up-to-date, but information and specifications given are for your information only and might be subject to change without notice.
11.2 We try to ensure that pictures of the items on the website are as accurate as possible, but slight variations in colour and texture between the pictures and the items themselves must be expected.
11.3 We will endeavor to allow uninterrupted access to the website, but access may be suspended, restricted or terminated at any time.
11.4 The dynacart website may include links to other websites or material, which are beyond its control. We are not responsible for access to and content on the internet, or any site other than the dynacart website.
Ownership
12.1 The Buyer will only own the items once they have been successfully delivered and when dynacart has received cleared payment for them in full. Until that time, dynacart will retain ownership of the items.
12.2 Items supplied are not for re-sale.
Warranty
13.1 We warrant that the items shall meet their specification and shall be free from defects in materials and workmanship at the time of delivery, provided that the instructions governing use of the goods have been followed.
13.2 Some items, like watches or electricals may have manufacturer’s guarantees. The item description on the website will specify if the item is subject to a manufacturer’s guarantee and, providing that is the case, the item will be accompanied by such guarantee on delivery. If the Buyer has a defective item covered by an applicable and valid guarantee, the Buyer must contact dynacart’s Customer Service team. The Buyer will be informed of the procedures to be followed in order to obtain a replacement or a refund. The dynacart’s Customer Service team may ask the Buyer to contact the supplier directly and do its best to provide the Buyer with the contact details of the after-sale service of the supplier. This does not affect your statutory rights to return goods under paragraphs 9.3 or 10.1 above.
Faulty Watches: Should your watch be under warranty with us and develops a manufacturing defect within the warranty time, please contact our Customer Service Team. We may be able to send your watch off for repairs. You will be informed to return your parcel to our Head Office and we will then send the watch off for repair. Please note the repairs’ process can take 6-8 weeks. If the watch is not able to be repaired, you will be provided with a refund.
Liability
14.1 If you have a valid claim in respect of any of the items, which is based on any defect in the quality or condition of the items or their failure to meet specification in accordance with this Agreement, we shall refund to you the price of the items (or a proportionate part of the price) and the delivery charges (where the full order is affected). Due to the nature of the goods supplied by dynacart, we are normally unable to provide replacements for incorrect or defective goods or undertake repairs.
14.2 We will take all reasonable care to keep your order secure, but in the absence of our sole negligence we cannot be held liable for any loss you may suffer if a third party obtains unauthorised access to any data (including credit and account details) you provide when accessing or ordering from the website.
14.3 We shall not be liable to you in connection with this Agreement in contract, tort (including negligence) or otherwise for any loss arising out of any Event (as defined in clause 19 below), any internet, network or virus problem, for any loss of profit, anticipated savings or data (in each case whether direct or indirect) and/or any indirect loss.
14.4 dynacart's aggregated liability to you in connection with this Agreement shall not include any losses or damage in circumstances where:
(i) the loss or damage was not caused by any breach on the part of dynacart, or
(ii) the loss or damage was not reasonably foreseeable as a consequence of a breach or negligence by dynacart, or
(iii) the loss or damage is a business loss or the losses were caused in the course of business, including lost profits or business interruption.
14.5 Notwithstanding anything else in these terms and conditions, we accept unlimited liability in respect of death or personal injury caused by our negligence.
Statutory Rights
15 These terms and conditions do not affect your statutory rights as a consumer.
Matters outside our control
16.1 dynacart shall not be liable to the Buyer or in breach of this Agreement for delay or failure to perform if the delay or failure is due to a cause beyond our reasonable control (the "Event").
16.2 We will contact the Buyer within a short time of the Event in order to discuss possible alternatives for the performance of the Agreement. If the Event lasts for more than thirty (30) days, the Buyer's order will be deemed to be canceled and the Buyer will receive a full refund.
E-mail, username and password
17.1 Emails to you shall be to the address you specify to us. It is important that you give us an accurate and valid email address and tell us of any changes to it.
17.2 The username and password you are issued with, before you can order items from us, are personal to you and are not transferable. Any breach or suspected breach of security of a username and password should be notified to us immediately. You will be responsible for any payments due for items ordered through the website by anyone using your username and password.
17.3 We guarantee the confidentiality of any data transmitted to us after you have entered your password. You are responsible for the use of your password and maintaining its confidentiality.
17.4 In the event of a forgotten password, you can obtain a new one by clicking on the link 'Forgotten your password'. A new password will be sent to you, to the e-mail address provided by you.
General
18.1 If any provision of these terms and conditions is held to be unlawful, invalid or unenforceable, that provision shall be deemed severed and the validity and enforceability of the remaining provisions of these terms and conditions shall not be affected.
18.2 You may not assign, sub-license or otherwise transfer any of your rights under these terms and conditions.
18.3 If we fail to enforce a right under this Agreement, that failure will not prevent us from enforcing other rights, or the same type of right on a later occasion.
Exceptional circumstances
19.1 In exceptional circumstances, we reserve the right to end any Agreement with you, cancel or place on hold any orders and/or to suspend or terminate your access to the dynacart website immediately and without notice to you if you breach any of the dynacart terms and conditions, you fail to make any payment when due, we suspect that you are about to engage in or have engaged in fraudulent or illegal activity on the website or, if requested to by us, failed to provide us with sufficient information to enable us to verify the accuracy and validity of any information provided to us so as to prevent fraudulent use of the website. If required, you can be requested to send us a certified proof of ID (e.g. a certified copy of your passport or driving license) as well as proof of address for the past three (3) months. The order will only be dispatched after we have received and verified these documents. dynacart is unable to reinstate any canceled orders.
19.2 We reserve the right to cancel an order and carry out a refund in the event of not receiving the documents or non-conformity of the documents within 4 working days.
19.3 We reserve the right to define the circumstances in which this additional verification might be required.
Customer Service Team
20.1 Abusive language to dynacart Employees, via email, call, LiveChat or social media channels will not be tolerated and may result in prosecution.
20.2 The Customer Service team is unable to process any manual orders.
Intellectual property
21.1 The copyright of the material contained in the website, together with the website design, text and graphics and their selection and arrangement and all software compilations, underlying source code and software (including applets) belong to us, our subsidiaries or the providers of such information. All rights are reserved. None of this material may be reproduced or redistributed without our written permission.
21.2 You may retrieve and display the content of the website on a computer screen, store such content in electronic form on disk (but not any server or other storage device connected to a network) or print one copy of such content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices.
21.3 You may not reproduce, modify, copy, distribute or use for commercial purposes any of the materials or content on the website without written permission from dynacart (except as set out in paragraph 24.2).
Governing Law
22.1 These terms and conditions shall be governed by and construed in accordance with English law.
22.2 Any disputes shall be subject to the exclusive jurisdiction of the English courts, to which both parties submit.
