General On-line Purchase Terms and Conditions
This page tells you the terms and conditions on which we supply any of the products (“Products”) listed on our website www.draiochtadare.ie . By ordering any of our Products and services you agree to be bound by these terms and conditions. You recommend you print a copy of these terms and conditions for future reference.
Draiocht Art and Accessories is a gallery and shop in ‘Draíocht’, Main St., Adare, Co.Limerick represented by draiochtadare.ie on line.
Making a contract with us
By placing an order through our site, you avow that you are legally capable of entering into binding contracts and that you are at least 18 years old.
How the contract is formed between you and us
After placing an order, you will receive an e-mail from us acknowledging that we have received your order. Your order constitutes an offer to us to buy a Product. All orders are subject to our acceptance and we will confirm such acceptance to you by an e-mail that confirms that we will despatch your order (Dispatch Confirmation). Importantly, the contract between us (Contract) will only be formed when we send you the Dispatch Confirmation. We may change our terms from time to time so terms only apply on the day you order your goods. The Contract will relate only to those Products whose dispatch we have confirmed in the Dispatch Confirmation. All descriptions, weight, size, materials, media, etc., are those of the original artist and may not be relied upon as accurate, any such description shall not form part of this agreement.
If you choose to cancel a Contract, you must inform us by email. You must also return the Products within 14 days, undamaged, with all packaging, and the delivery note, intact, and at your own cost . You have a legal obligation to take reasonable care of the Products while they are in your possession. If you fail to comply with this obligation, we may exercise the right against you to seek compensation. After we have received the Products, we will credit your debit or credit card, with the full purchase price of the product immediately.
Availability and Delivery
Your order will be fulfilled by the delivery date set out in the Dispatch Confirmation. If, there are exceptional circumstances we will notify you to arrange another delivery date.
Risk and title
The Products will be at your risk from the time of delivery. Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products.
Price and Payment
Product prices and delivery charges are liable to change at any time, but changes will not affect you or alter after the Dispatch Confirmation is issued.
Returning the Product.
Returns will not be accepted unless we have been notified in advance and within 7 days of receipt of goods, by emailing directly at email@example.com. Products must be returned within 14 days of delivery. Because you have cancelled the Contract between us within the 14-day cooling-off period (see clause ‘Consumer Rights’ above), we will credit your debit or credit card with the full purchase price immediately. You will be responsible for all costs of returning the item to us. Refund of ‘returned Products’ lost in transit will not be considered unless proof of posting is supplied.
Claims for damage must be made within 3-days of receipt of goods. The damaged product and packaging must be retained in case of inspection by the carrier. Claims of non-delivery must be made within 28-days of despatch.
Descriptions of goods and services included in the Draiochtadare.ie website are accurate to the best of our knowledge. We do our utmost to correct errors or omissions as soon as we become aware of them. However, potential customers must be aware that the colour and the appearance of some images, may vary slightly from the way they appear on the screen.
Where a dispute arising out of or in connection with these terms or any contract between You and us, then you agree to settle the dispute by engaging with us by mediation in good faith, before commencing litigation.
Title, ownership and intellectual property rights used on the website are the property of Draiocht Art Gallery or their respective copyright owners. You must not reproduce, modify or distribute our images or any part of these images in any manner, whatsoever. You may download or copy content only for your personal use, provide you maintain all copyright and other notices contained in such content. In the event that there is any dispute between us in relation to this issue, you agree that until the matter is resolved, an interim injunction will be an appropriate remedy. An Interim injunction is a court order, which would prevent any further use or distribution of the image that we are concerned about, until a final court hearing where the court will make a decision on all the facts.
Limitations and Liability
The Draiocht Gallery is not be liable for any damages whatsoever and shall not be liable for any special, indirect, consequential, or incidental damages, or damages for lost profits, loss of revenue, or loss of use, arising out of or related to the website or the information contained in it, whether such damages arise in our contract, negligence, tort, under statue, in equity, at law, or otherwise.
If you order Products from our site for delivery outside Europe, they may be subject to import duties and taxes which are levied when the delivery reaches the chosen destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. If this applies please contact your local customs office for further information before placing your order. Please also note that you must comply with all applicable laws and regulations of the country for which the products are destined. We will not be liable for any breach by you of any such laws.
Applicable laws may require that some of the information or communications we send to you should be in writing. We can work together to meet the requirements of the regulatory body. This condition does not affect your statutory rights.
All notices given by you to us must be given to The Draiocht Gallery at firstname.lastname@example.org or Main St., Adare, Co.Limerick. We may give notice to you at either the e-mail or postal address you provide to us when placing an order. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. If either party is affected by ‘ Acts of God’, it shall promptly notify the other Party of the nature or extent of the circumstances in question. In such an event neither Party shall be deemed to be in breach of this agreement, or otherwise be liable to the other, for any delay in performance or non-performance of any of its obligations in this agreement, due to the extent that any delay or non-performance of which it has notified the other Party, and the time for performance of that obligation shall be extended in good faith.
We intend to practice these terms and conditions and any document expressly referred to in them in relation to the subject matter of any Contract. Please make sure you ask for any variations from these terms and conditions to be confirmed in writing.
Changes to this Agreement
We reserve the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements. You will be subject to the policies and terms and conditions in force at the time that you order products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority.
In the event that any term of this agreement is held to be unenforceable or invalid by judicial decree or decision, the remainder of this agreement shall remain valid and enforceable.
System and Security/Misuse of Our Site
Draiocht Adare reserves the right to suspend or terminate any members account or open orders which are, or appear to us in our absolute discretion, to be, in breach of any of the provisions of this agreement.