In these conditions of sale: the “Agreement” means the agreement which is formed when we accept an order from you, as provided in clause 3 below. “Customer” or “you” means the person who purchases Goods via the frostcouture.ie website. “Goods” means the goods described in the Order Confirmation.
“Order Acknowledgement” has the meaning given to it in clause 2.1.
“Order Confirmation” has the meaning given to it in clause 2.1.
“Supplier”, “we” or “us” means the owners of frostcouture.ie whose registered office is at 107 Ardcolum Ave,Artane,Dublin 5,Ireland “these terms” means the terms of business set out in this document.
2 TERMS OF SALE
2.1 The display of Goods on this website does not constitute an offer to sell them as described, or to sell any goods at all. By clicking to place an order, you are making an offer to buy which incorporates these terms. Once you place an order we will send you an e-mail acknowledging receipt of your order and containing the details of your order (an “Order Acknowledgment”). If we elect to accept your offer, you will receive an e-mail confirming that we have dispatched the Goods to you (an “Order Confirmation”). Any products on the same order which we have not confirmed in an Order Confirmation to have been dispatched do not form part of that contract. We reserve the right to decline any order, without giving a reason.
2.2 You must be 18 years of age or older to purchase goods from this site. If you are under 18, you may use the site only with the involvement of a parent or guardian. Your use of and registration on the site is void where prohibited.
2.3 These terms and conditions cannot be varied except by changes made by us on the site, which we may make from time to time. Your continued use of the site after such changes shall be taken as your full acceptance of such changes.
3.1 Orders are only binding when the Order Confirmation is issued. You should check the Order Acknowledgment and Order Confirmation and notify the Supplier of any mistake by email or telephone immediately. The details stated in any Order Confirmation will apply to the Agreement.
3.2 We reserve the right prior to issue of an Order Confirmation to notify you of the unavailability of the particular Goods ordered and to notify you of alternative arrangements required to fulfil your order. Acceptance by you of the alternative arrangements will constitute an amendment to the Agreement between us which we will set out in our Order Confirmation to you. If the alternative arrangements are not acceptable to you we will refund you in full as soon as possible.
If you order Goods and we accept the order, we reserve the right to notify you at any time before delivery of the unavailability of the particular Goods ordered. You can then cancel the Agreement and we will refund you all money paid in full. Alternatively, you can accept any equivalent product we offer to you.
Unless they are expressly quoted as not including VAT, all prices are inclusive of value added tax and other government taxes or duties.
Payment is collected via paypal at the same time that your Order Acknowledgement is sent, and before the Goods are delivered.
We will use reasonable efforts to meet any delivery date, but it should be understood that they are estimates and we are not liable (in contract, negligence or otherwise) for any loss or damage resulting from them not being met, howsoever caused, including delays in meeting delivery dates caused by public holidays and/or bank holidays arising in Ireland and/or elsewhere. Goods are shipped by regular post to the delivery address provided by you, as stated in the Order Confirmation.
8 DELIVERY CHARGES
8.1 All prices quoted are exclusive of delivery charges which are to be paid by you.
8.2 Subject to clause 2.3, delivery charges for shipping to all addresses are as follows:
8.2.1 Delivery is free for all orders.
9 TITLE AND RISK
Title and risk to Goods ordered passes to you when the Goods are shipped, or if later when you make full payment.
Where you have ordered more than one item, we may make delivery in one or more instalments.
All rings are sold as is and some can be adjustable by the customer- we will not resize rings.
12 YOUR RIGHT TO CANCEL AND TO RETURN THE GOODS
12.1 You can exercise your right to cancel the Agreement and to return the Goods to us within 7 working days of delivery of the Goods to you. In order to exercise your right to cancel the Agreement and to return the Goods to us you must obtain cancellation authorisation by calling us before returning the Goods as soon as possible in their original condition with packaging complete and seals unbroken. The original tag must not have been tampered with and must still be attached to the Goods returned. You should also include a return note and proof of purchase.
12.2 You are responsible for the direct cost of returning the Goods to us and for the risk of any loss or damage to the Goods while in transit. We cannot accept responsibility for parcels lost in transit and you are strongly recommended to obtain proof of posting when returning items. Title and risk to the Goods shall pass back to us once they are received by us.
12.3 No refund will be made until the Goods are returned to us and in any event no refund will be forthcoming if the Goods are not received by us within 5 working days of you notifying us of your intention to cancel the Agreement.
12.4 For hygiene reasons we cannot exchange or refund earrings unless they are defective or faulty.
13 PRICES QUOTED
Unless otherwise stated, prices quoted are only valid during your browser session.
14 QUERIES AND COMPLAINTS
Notification of queries and/or complaints must be notified to us in writing within fourteen (14) days of receipt of the Goods.
We warrant that:
15.1 at the time of sale, we will have title to sell the Goods to you; and
15.2 the Goods sold to you will conform with the specification for them published by us or their manufacturer.
Subject to clause 17, if we are in breach of the warranties given by us under clause 12, our liability shall be limited to:
16.1 replacement of the Goods concerned; or
16.2 at our option, reimbursement of the price.
17 NO OTHER LIABILITY
Subject to clause 18, we will have no further liability to you other than as described in clause 16, whether under these terms of sale or on any other basis including liability in tort as a result of the sale of the Goods and at all times our liability to you shall be limited to an amount not exceeding the price actually paid by you in relation to the goods giving rise to the liability.
18 CONSEQUENTIAL LOSS ETC.
Subject to this clause 18, we will not under any circumstances be liable to the Customer by reason of any representation or warranty, condition or other term or any duty of common law, or under the express terms of these terms, for any consequential, special, incidental or punitive loss or damage (whether for loss of current or future profits, loss of enterprise value or otherwise) and whether occasioned by our negligence, or that of our employees or agents or otherwise, even if advised of the possibility of such damages.
19 NON-EXCLUDABLE LIABILITY
Nothing in this these conditions of sale shall exclude or limit our liability for death or personal injury resulting from our negligence, or that of any of our employees or agents, nor shall they operate to exclude or limit any statutory rights which cannot be legally excluded or limited, including the statutory rights of a consumer.
20 FORCE MAJEURE
We are not liable for delays in performance (including delivery or service) caused by circumstances beyond our reasonable control and will be entitled to a time extension for performance. Examples include strikes, problems with suppliers or transport, industrial relations problems, exchange fluctuations, governmental or regulatory reaction and natural disasters. If the conditions last for more than 2 months, the Agreement may be terminated by either party without compensation.
21 ENTIRE AGREEMENT
These terms expressly incorporate our Privacy Statement. Together, they contain the entire understanding and agreement between the Supplier and the Customer relating to the sale of products to the Customer through this website.
This Agreement is drafted and concluded in the English language. If this Agreement is translated into any other language, the English language text shall prevail.
23 GOVERNING LAW
These conditions of sale shall be governed by Irish law and the exclusive jurisdiction of the courts of Ireland.