Terms of Service

Terms and Conditions 

This website is operated by David & Susan (“we”, “us”, “our”). Throughout the site, the terms “we”, “us” and “our” refer to David & Susan. David & Susan offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following Terms and Conditions (“Terms of Service”, “Terms”), including any additional terms and policies referenced herein and/or available by hyperlink. These Terms apply to all users of the site, including without limitation browsers, customers, merchants and content contributors.

If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services.

We reserve the right to update, change or replace any part of these Terms by posting updates and/or changes on our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our online store is hosted by Shopify Inc., which provides us with the e-commerce platform that allows us to sell our products and services to you.

1. Definitions

For the purposes of these Terms:

  • Customer / Consumer: A natural person who purchases products for personal use and not for resale or business purposes.

  • Day: A calendar day.

  • Contract: A purchase agreement between you and David & Susan concluded via our website.

  • Durable medium: Any tool that enables you or us to store information addressed personally to you in a way that allows future reference (e.g. email, PDF download).

  • Right of withdrawal / return: The right to return products within the applicable return period under our Return Policy.

2. Company Information

Store name: David & Susan
Email: support@davidandsusan-my.com 

3. Scope of These Terms

These Terms apply to every offer made by David & Susan and to every Contract concluded between David & Susan and a consumer through this website.

Before you complete an order, you will be given access to these Terms (for example via a link in the checkout). You can save or print them for future reference.

We may offer additional terms for specific products, promotions or services. If those specific terms conflict with these Terms, the more favorable provision for the consumer will apply.

If any part of these Terms is found invalid or unenforceable, the remaining provisions will continue in full force and will be replaced, where necessary, with a clause that reflects the original intent as closely as possible.

4. Our Offer & Product Information

We aim to present our products as accurately as possible. This includes:

  • Clear descriptions of products and key features

  • Photos that represent the product as faithfully as possible

  • Pricing information

However:

  • Obvious mistakes or typographical errors in prices or descriptions do not bind us.

  • Product colors may appear differently due to screen settings and lighting.

  • All images and descriptions are for guidance only and do not give grounds for compensation or cancellation, unless the product is substantially different from what was described.

If an offer has a limited validity or is subject to conditions (e.g. discount periods), this will be clearly stated.

5. Orders and Contract Formation

A Contract is formed when:

  1. You place an order through our website checkout, and

  2. We confirm your order by email.

If you place an order electronically, we will confirm receipt as soon as reasonably possible by sending an order confirmation to the email address you provided. Until we send this confirmation, we reserve the right to refuse or cancel the order.

We may, within legal limits, verify whether you are able to meet your payment obligations and check for fraud or misuse. If we have reasonable grounds to refuse an order, we may reject it or attach special conditions (for example, prepayment). If we refuse an order, we will inform you as soon as possible.

With your order or upon delivery, we will provide you with:

  • Our contact details for questions or complaints

  • A link or reference to our Return Policy

  • Information on warranties and after-sales service

  • A copy or reference to these Terms

All Contracts are subject to product availability. If a product is unavailable, we may cancel your order and refund you, or offer a suitable alternative with your approval.

6. Prices and Payment

All prices displayed on the website are in US dollars (USD) unless stated otherwise.

  • Prices do not include any customs duties, import taxes or handling fees charged by carriers or customs authorities in your country.

  • If products are shipped from outside the United States (for example, from our partners or warehouses abroad), the carrier may collect import duties and/or taxes from you upon delivery. These costs are your responsibility.

We reserve the right to change prices at any time. Price changes do not affect orders already placed and confirmed.

We accept the payment methods shown at checkout. You must ensure that your payment information is accurate and that you are authorized to use the chosen payment method.

In the event of non-payment or chargebacks, we may suspend or cancel any order or future orders and may recover any reasonable costs incurred.

7. Shipping and Delivery

We will take the utmost care when processing and fulfilling your orders.

  • Orders are shipped to the shipping address you provide during checkout.

  • Approximate shipping times may be shown on our website or in the checkout. These are estimates only and not guaranteed delivery dates.

  • In many cases, products may be shipped from warehouses outside the United States (for example, from Asia). Delivery times can therefore vary, and additional customs handling may occur.

If there is a significant delay or if we cannot fulfill your order (or part of it), we will inform you. In that case, you may cancel the order and receive a refund for the undelivered items.

The risk of loss or damage passes to you when the product is delivered to you or to a person designated by you at the delivery address. If a package is lost or damaged in transit, please contact us as soon as possible at support@davidandsusan-ny.com.

8. Returns and Right of Withdrawal

David & Susan offers a return period as described in our Return Policy 

In general:

  • During the return period, you must handle the product and packaging carefully.

  • You may try on the product only to the extent necessary to decide whether you want to keep it, similar to how you would in a physical store.

  • To initiate a return, follow the instructions in our Return Policy or contact us at support@davidandsusan-ny.com with your order number and reason for return.

You are responsible for the cost of returning the product, unless otherwise stated in our Return Policy. We strongly recommend using tracked shipping, as we cannot be responsible for lost return shipments.

Some items may be excluded from returns for hygiene or other reasons (for example, underwear, certain lingerie, hosiery, or items specifically marked as final sale). These exclusions will be clearly stated on the product page or in the Return Policy.

We will process your refund after we have received and inspected the returned item, within the timeframe stated in our Return Policy.

9. Conformity and Warranty

We want you to receive products that match the description and are free from defects.

If a product is defective or incorrect:

  • You must notify us within a reasonable period after discovering the issue (preferably with clear photos).

  • We may offer a replacement, repair, or refund, depending on the situation and product type.

Normal wear and tear, improper use, lack of proper care, or damage caused by the customer are not covered by warranty.

Any manufacturer’s warranties that apply to a product are in addition to, and do not limit, your rights under these Terms and applicable consumer laws.

10. Limitation of Liability

To the fullest extent permitted by applicable law:

  • David & Susan is not liable for any indirect, incidental, punitive or consequential damages, including lost profits, lost data, or business interruption arising from the use or inability to use our website or products.

  • Our total liability for any claim relating to a product or service purchased from us is limited to the amount you paid for that product or service.

Nothing in these Terms excludes or limits any liability that cannot be excluded or limited under applicable law.

11. User Accounts and Conduct

If you create an account on our website:

  • You are responsible for keeping your login details confidential.

  • You are responsible for all activity that occurs under your account.

  • You agree not to misuse the website, attempt to break security, or use the site for illegal purposes.

We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders at our sole discretion if we believe a user is violating these Terms or applicable law.

12. Complaints and Support

If you have a complaint, question or concern:

  • Please contact us at support@davidandsusan-ny.com with your name, order number (if applicable), and a clear description of the issue.

  • We aim to respond within 14 days. If we need more time, we will let you know when you can expect a further response.

Filing a complaint does not suspend your payment obligations unless we explicitly agree otherwise.

13. Governing Law and Disputes

These Terms and any Contracts between you and David & Susan are governed by the laws of the United States and the laws of the state where David & Susan is established, without regard to conflict of law principles.

Any disputes arising from or related to these Terms, our website, or any Contract shall be brought before the competent courts in that state, unless mandatory consumer protection rules give you the right to bring a dispute before another court.

14. Contact Information

Questions about these Terms and Conditions can be sent to:
support@davidandsusan-ny.com