Terms
These terms and conditions regulate the business relationship between you and us. By using Our Web Site in any way, or by buying from us, you agree to be bound by them.
No person under the age of 18 years may purchase Goods. We look forward to seeing you again when you are over 18.
These terms and conditions regulate the business relationship between you and us. By using Our Web Site in any way, or by buying from us, you agree to be bound by them.
Our address is: Hacketstown, Old Parish, Dungarvan, Co.
You are: visitor to Our Web Site / our customer
The terms and conditions
1 Definitions
In this agreement:
“Carrier” means any person or business contracted by us to carry Goods from us to you, whether all or part of the distance.
“Our Web Site” means the entire computing hardware and software installation that is or supports Our Web Site.
“Goods” means any of the Goods we offer for sale on our web site
“Content” means information in any form published on Our Web Site by us or any third party with our consent.
2 Our contract with you
2.1 These terms and conditions apply:
2.1.1 so far as the context allows, to you as a visitor to Our Web Site; and
2.1.2 in any event to you as a buyer or prospective buyer of our Goods.
2.2 Goods
advertised may not be available – if that is the case we will notify
you of the next availability, if any, and you will be offered the
option to await those further deliveries or to cancel your order in
full, or part, for full credit. If we do not offer a next delivery date
your order will be cancelled, in full or part, for full credit.
2.3 Our Order Confirmation email message will confirm details of your purchase. That is when our contract is made. We will email you to tell you when your order has been despatched. It
is possible that the price may have increased from that posted on our
web site. In this case you will be notified of the price increase and
given the opportunity to cancel the item or order for full credit.
2.4 We may change these terms from time to time. The terms that apply to you are those posted here on Our Web Site on the day you order Goods.
2.5 All descriptions, weights and sizes of Goods are those of the original manufacturers and you may not rely on their accuracy. Accordingly, any such description shall not form part of this Agreement.
2.6 If we do not have the Goods you order in stock, we may offer you alternatives before we despatch your order. If this happens you may:
2.6.1 accept the alternatives we offer;
2.6.2 cancel your order;
2.6.3 leave the order valid, but tell us to omit the out-of-stock item.
2.7 If
we owe you money (for this or any other reason), we will credit your
credit or debit card as soon as reasonably practicable but in any event
no later than 30 days from the date of your order.
2.8 Goods are at your risk from the moment they are picked up by the Carrier from our warehouse.
3 Price and Payment
3.1 You must pay us the full price of your order before we will send any part of it.
3.2 Banking charges by the receiving bank on payments to us will be borne by us. All other charges, including those relating to payment in a currency other than euro will be borne by you.
3.3 Any details given by us in relation to exchange rates are approximate only and may vary from time to time.
3.4 You will pay all sums due to us under these terms by the means specified without any set-off, deduction or counterclaim.
4 Information you give us
4.1 You agree that you have provided, and will continue to provide accurate, up to date, and complete information about yourself. We need this information to provide you with the Goods.
4.2 We
will use our reasonable endeavours to respond to any point of
dissatisfaction by you, provided you contact us within three months of
purchase.
5 Delivery
5.1 Deliveries
will be made by the Carrier to the address stipulated in your order.
You must ensure that someone is present to accept delivery.
5.2 If
we are not able to deliver your Goods within 30 days of the date of
your order, we shall notify you by e-mail to arrange another date for
delivery.
5.3 We may deliver the goods in installments if the goods are not available at the same time for delivery.
6 Taxes, duties and import restrictions
6.1 We have no knowledge of, and no responsibility for, the laws in your country of residence.
6.2 You
are responsible for purchasing Goods which you are lawfully able to
import and for the payment of import duties and taxes of any kind
levied in your country of residence.
7 Goods returned
Because you are buying the Goods by online, you may have a right of cancellation. If you do, (and only if you do), these are the terms which apply:
7.1 You must tell us you wish to cancel within 7 days of your receipt of the Goods;
7.2 In
any event, you may not cancel orders for food or other perishable
Goods, nor for handmade, specially commissioned or personalised goods;
7.3 The Goods must be returned to us within 21 days of your telling us you wish to cancel:
7.3.1 with both goods and all packaging in their original condition;
7.3.2 securely wrapped;
7.3.3 including our delivery slip;
7.3.4 at your risk and cost.
7.4 After
we have received the Goods, we will credit your credit or debit card
with the full purchase price of the goods returned no later than 30
days from the date of receipt;
7.5 If you do not return the Goods to us, you are still liable to us for the cost.
7.6 We are under no obligation to collect or recover Goods from you, but if we do, our costs will be payable by you.
8 Disclaimers
8.1 We
or our Content suppliers may make improvements or changes to Our Web
Site, the Content, or to any of the Goods, at any time and without
advance notice.
8.2 You are advised that Content may include technical inaccuracies or typographical errors.
8.3 We give no warranty and make no representation, express or implied, as to:
8.3.1 the adequacy or appropriateness of the Goods for your purpose.
8.3.2 the truth of any information given on Our Web Site;
8.3.3 any implied warranty or condition as to merchantability or fitness of the Goods and Services for a particular purpose;
8.3.4 compatibility of Our Web Site with your equipment software or telecommunications connection.
8.3.5 compliance with any law;
8.3.6 non-infringement of any right.
8.4 Our Web Site contains links to other Internet web sites. We have neither power nor control over any such web site. You
acknowledge and agree that we shall not be liable in any way for the
Content of any such linked web site, nor for any loss or damage arising
from your use of any such web site.
8.5 We
are not liable in any circumstances for special, indirect or
consequential loss or any damages whatsoever resulting from loss of
use, loss of data or loss of revenues or profits, whether in an action
of contract, negligence or otherwise, arising out of or in connection
with your use of Our Web Site or the purchase of Goods.
8.6 In
any claim against us our liability is limited to the value of the goods
you have purchased in the contract which is the subject of the dispute.
9 Content and Intellectual Property Rights
9.1 Title,
ownership rights, and intellectual property rights in the Content
whether provided by us or by any other Content provider shall remain
the sole property of us and / or the other Content provider. We will strongly protect its rights in all countries.
9.2 You
may not copy, modify, publish, transmit, transfer or sell, reproduce,
create derivative works from, distribute, perform, display, or in any
way exploit any of the Content, in whole or in part, except as is
expressly permitted in this agreement.
9.3 You
may download or copy the Content only for your own personal use,
provided that you maintain all copyright and other notices contained in
such Content. You may not store electronically any significant portion
of any Content.
10 System Security
10.1 You
agree that you will not, and will not allow any other person to,
violate or attempt to violate any aspect of the security of the
Installation;
10.2 You
agree that you will in no way modify, reverse engineer, disassemble,
decompile, copy, or cause damage or unintended effect to any portion of
Our Web Site, or any software used on Our Web Site, and that you will
not permit any other person to do so.
10.3 You
understand that any such violation is unlawful in many jurisdictions
and that any contravention of law may result in criminal prosecution.
10.4 Examples of violations are:
10.4.1 accessing data unlawfully or without consent;
10.4.2 attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures;
10.4.3 attempting
to interfere with service to any user, host or network, including,
without limitation, via means of overloading, "flooding", "mail
bombing" or "crashing";
10.4.4 forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting;
10.4.5 taking any action in order to obtain Goods to which you are not entitled.
10.5 You
agree to indemnify us against any claim or demand, including reasonable
lawyers’ fees, made by any third party due to or arising out of:
10.5.1 any violation of system security as set out above;
10.5.2 your use of Our Web Site;
10.5.3 any other breach or violation of this agreement by you;
10.5.4 the
infringement by you, or by any other user of your computer, of any
intellectual property or other right of any person or entity, or as a
result of any threatening, libellous, obscene, harassing or offensive
material contained in any of your communications.
11 Indemnity
You
agree to indemnify us against any claim or demand, including reasonable
lawyers’ fees, made by any third party due to or arising in any way out
of your use of Our Web Site, or the infringement by you, or by any
other person using your computer, of any intellectual property or other
right of any person.
12 Contractual Limitation
Where
we provide Goods without specific charge, then it (or they) is deemed
to be provided free of charge, and not to be associated with any other
service for which a charge is made. Accordingly, there is no contractual nor other obligation upon us in respect of any such goods.
13 Rights of third parties
Nothing
in this agreement or on our web site shall confer on any third party
any benefit under the provisions of the Contracts (Rights of Third
Parties) Act 1999 or similar legislation.
14 Severability
If
any of these terms is at any time held by any jurisdiction to be void,
invalid or unenforceable, then it shall be treated as changed or
reduced, only to the extent minimally necessary to bring it within the
laws of that jurisdiction and to prevent it from being void and it
shall be binding in that changed or reduced form. Subject to that, each
provision shall be interpreted as severable and shall not in any way
affect any other of these terms.
15 No Waiver
No waiver by us, in exercising any right,
power or provision hereunder shall operate as a waiver of any other
right or of that same right at a future time; nor shall any delay in
exercise of any power or right be interpreted as a waiver.
16 Dispute Resolution
In
the event of a dispute arising out of or in connection with these terms
or any contract between you and us, then you agree to attempt to settle
the dispute by engaging in good faith with us in a process of mediation
before commencing arbitration or litigation.
17 Force majeure
We
are not liable for any breach of our obligations resulting from causes
beyond our reasonable control including strikes of our own employees.
18 Governing Law
This Agreement shall be governed by and construed in accordance with the law of the