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Terms & conditions

This page (together with the documents referred to on it) outline the terms and conditions on which Ebony supplies any of the products (Products) listed on the website www.ebony.ie (hereinafter referred to as: our site) to you. Please be advised that before completing your order you should carefully read these terms and conditions and gain a clear understanding of them.

 

Once you have gained a clear understanding of these Terms & Conditions pertaining to the purchase of your product(s), please, prior to completing your order, tick the box marked "I Accept These Terms and Conditions" if you are in agreement to these Terms & Conditions. If you do not accept these Terms & Conditions, you will not be able to progress your order.

 

1. ABOUT US

Our site is the property of the Ebony Boutique, based in Main Street, Wicklow, Co. Wicklow. Our VAT number is 5326080L

 

2. YOUR STATUS

By placing an order through our site, you warrant:

(a) that you are legally capable of entering into binding contracts; and

(b) that you are at least 18 years old;

 

3. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US

3.1 Once your order has been submitted, you should receive an e-mail from us acknowledging that your order has been received. Please note that this does not mean that your order has been fully accepted. Your order constitutes an offer to buy a Product. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that the order has been accepted (Order Confirmation). The contract between you and us (Contract) will only be formed when we send you the Order Confirmation.

3.2 The Contract will relate only to those Products whose order we have confirmed in the Order Confirmation. We will not be obliged to supply any other Products which may have been part of your order until the order of such Products has been confirmed in a separate Order Confirmation.

 

4. CANCELLATION RIGHTS

4.1 If you are contracting as a consumer, you have a statutory right to cancel for any reason and receive a full refund. You will receive a full refund of the price paid for the Products in accordance with the refunds policy (set out in clause 8 below). Your right to cancel a Contract starts from the date of the Order Confirmation (when the Contract between us is formed). Please note that our refund guarantee of non-faulty items is not applicable during sale periods.

4.2 To cancel a Contract, you must complete our returns form which can be found on the “Returns Form” page of our website - http://www.ebony.ie/returns-form.html. If the Products have already been delivered to you, you must also print off the completed returns form once completed on our site and return the Products together with the printed form as soon as reasonably practicable, and at your own cost. You have a legal obligation to take reasonable care of the Products while they are in your possession – products which are deemed to have been damaged or worn by the purchaser will not be subject to cancellation rights.

 

5. AVAILABILITY AND DELIVERY

Your order will be fulfilled by the delivery date set out in the Order Confirmation or, if no delivery date is specified, then within a reasonable time of the date of the Order Confirmation, unless there are exceptional circumstances.

 

6. RISK AND TITLE

6.1 The Products will be your responsibility from the time of delivery.

6.2 Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including any applicable delivery charges.

 

7. PRICE AND PAYMENT

7.1 The price of the Products and the applicable delivery charges, if any, will be as quoted on our site.

7.2 Product prices listed on our site include VAT. However, if the rate of VAT changes between the date of your order and the date of delivery, the VAT you pay will be adjusted, unless you have already paid for the Products in full before the change in VAT takes effect.

7.3 Product prices and delivery charges are liable to change at any time, but changes will not affect orders in respect of which you have already received a Order Confirmation.

7.4 Our site contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on our site may be incorrectly priced. We normally verify prices as part of the dispatch procedures so that, where a Product's correct price is less than the stated price, we will charge the lower amount when dispatching the Product to you. If a Product’s correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you that we are rejecting it.

 

7.5 If the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as an error, we do not have to provide the Products to you at the incorrect (lower) price.

 

8. OUR REFUNDS POLICY

8.1 If you return a Product:

(a) because you have cancelled the Contract between us within a 28 day cooling off period (see clause 4.1 above as to when this period begins), the refund due to you will be processed as soon as possible and, in any case, within 30 days of the day on which you gave notice of cancellation through our website. In this case, you will be refunded the price of the Product in full. However, you will be responsible for the cost of returning the item to us.

(b) for any other reason (for instance, because you have notified us in accordance with clause 14 that you do not agree to a change in these terms and conditions, or because you consider that the Product is defective), we will examine the returned Product and will notify you of your refund via e-mail within a reasonable period of time. We will refund the price of a defective Product in full, any applicable delivery charges and any reasonable costs you incur in returning the item to them.

(c) Please note that our refund guarantee of non-faulty items is not applicable during sale periods.

 

9. IMPORT DUTY

9.1 If you order Products from our site for delivery outside the Republic of Ireland, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we do not have any control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.

9.2 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.

 

10. EVENTS OUTSIDE OUR CONTROL

10.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these terms and conditions or a Contract that is caused by events outside our reasonable control (Force Majeure Event).

10.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:

(a) strikes, lock-outs or other industrial action;

(b) civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;

(c) fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;

(d) impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;

(e) impossibility of the use of public or private telecommunications networks;

(f) the acts, decrees, legislation, regulations or restrictions of any government; and

(g) pandemic or epidemic.

10.3 Our performance of any obligations are deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period.

 

11. WAIVER

11.1 If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations.

11.2 A waiver by us of any default will not constitute a waiver of any subsequent default.

11.3 No waiver by us of any of these terms and conditions will be effective unless it is expressly stated to be a waiver and is communicated to you in writing.

 

12. SEVERABILITY

If any court or competent authority decides that any of the provisions of these terms and conditions or any provisions of a Contract are invalid, unlawful or unenforceable to any extent, the term will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law.

 

13. ENTIRE AGREEMENT

These terms and conditions and any document expressly referred to in them constitute the whole agreement between us relating to the subject matter of any Contract.

 

14. RIGHT TO VARY THESE TERMS AND CONDITIONS

14.1 We have the right to revise and amend these terms and conditions from time to time.

14.2 You will be subject to the policies and terms and conditions in force at the time that you order the 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 which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before you receive the Order Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products).

 

15. LAW AND JURISDICTION

Contracts for the purchase of Products through our site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by Irish law. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) will be subject to the non-exclusive jurisdiction of the courts of the Republic of Ireland.

 

16. THIRD PARTY RIGHTS

A person who is not party to these terms and conditions or a Contract shall not have any rights under or in connection with them under the Contracts (Rights of Third Parties) Act 1999.

 

Terms & Conditions. ebony.ie @ www.ebony.ie

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