Provision of Website Service
Please read this agreement (the “Agreement”) carefully as it governs your use of this site – (the “Website”). By continuing to use this Website you are agreeing to the terms set out below and are confirming that you are above 18 years of age. Persons under 18 years of age, are not permitted to purchase, receive or subscribe to any goods or services from this Website.
Limited Rights to Use Content
All material (including any intellectual property) displayed on this Website (the “Content”) belongs to Dean Kelly and no permission is given to store any Content on any server or other storage device connected to an external network or make any other use of the Content.
Prices and products are subject to change without notification.
You will be subject to the policies, disclaimers and terms and conditions in place at the time of your visit to the Website.
There is no specific time limit applying to your access and use of the Website. However, we reserve the right to suspend and/or terminate your access and use at any time and may exercise this right with or without notice.
You may not assign, sub-licence or otherwise transfer this Agreement or your rights of access to the Website.
Failure by either party to exercise any right or remedy under this Agreement does not constitute a waiver of that right or remedy. All contracts that result from the use of this Website are concluded in English.
We do not warrant that this Website is free from technical inaccuracies or other similar errors.
Terms and Conditions of Sale
Outside of these terms and conditions of sale, we have no responsibility to you in relation to your purchase.
Subject, as hereinafter provided, we warrant that all goods promoted for sale on this Website are of satisfactory quality. Specifications on this Website of the goods to be sold are not intended to be binding and are intended only to give a general description of the goods.
In all other respects, and to the maximum extent permissible, we make no other warranties or promises about the goods or the colour correctness of the goods displayed on your electronic devices, and any implied warranties are excluded.
The material on this Website is provided for general information only and should not be relied upon or used as the sole basis for making decisions and any reliance on the material on this Website is at your own risk.
We give no warranty and make no representation, expressed or implied, as to the appropriateness or adequacy of the items for your intention; the veracity of any content published on the Website by someone other than us; any condition or warranty as to the saleability or appropriateness of the items for a purpose other than what such item is commonly used for; the Website’s compatibility with hardware, software or telecommunications connection. Nor are we responsible for any loss or damage arising from loss of use, loss of data or loss of revenues and profits, be it in an act of contract, negligence or otherwise, resulting from or in relation to your use of this Website including the purchase of any items. In the event that any term or condition or obligation on our part is implied into these conditions legally, then our liability is to the value of the item you have purchased.
In all other respects, and to the maximum extent permissible, we make no other warranties or promises about the goods, and any implied warranties are excluded.
The warranty contained above is also subject to the following conditions:
the goods, should you wish to return them, must be stored in appropriate conditions; if you do not store them in appropriate conditions we cannot be held responsible for faults or problems that arise as a result;
any claim by you in respect of any shortages and/or defects in the goods must be notified to us in accordance with these terms and conditions, stating the nature of the shortage/defect and quoting the order no.; if you fail to notify us within 7 days you will be deemed to have accepted the goods.
All goods are offered for sale subject to availability. We regret that occasionally it may be impossible to complete an order if stock runs out or is withdrawn for any reason. If there is a problem, we will let you know as soon as we can and will refund in full any money that you have already paid to us in respect of the goods in question. The price of the goods shall be the price listed on the Website on the date of your order, inclusive of any VAT which may be payable by you. All prices displayed on the Website are quoted in Euro and must be paid in full, including delivery charges (which are separately stated at the time of your order). You, and not Dean Kelly, are responsible for the payment of any applicable customs duties or taxes in their own country, and failure to pay customs duties or taxes is likely to result in your package being destroyed.
By clicking on the ADD TO BASKET button whenever you see an item you would like to buy and adding an item to your basket does not commit you to buy as you can always remove it later. You can review the contents of your basket at any time by clicking the VIEW BASKET button. Once you have found all the items you need, go to the checkout and pay for your purchases by following the simple instructions given there. Please ensure that you include the following information with your order, as we cannot process your order without this information:
- E-mail address
- Contact telephone number
- Card type (Used by PayPal)
- Full name as displayed on the card, the credit card (Used by PayPal)
- Number, expiry date of the card and security code (Used by PayPal)
- Billing address
- Delivery address (This need not be the same as the billing address)
- Items you require
By clicking the Proceed to PayPal button on the Checkout Screen, you agree to these terms and conditions. Please carefully check your personal details and details of the goods to be provided before completing the checkout process. By completing and submitting the electronic order form you are making an offer to purchase goods which, if accepted by us, will result in a binding contract.
You are responsible for ensuring the accuracy of your order and we shall supply you, subject to availability, with the quantity of goods set out in your order. While your card may be debited before the contract is formed, if the order is ultimately rejected, a full refund will be made immediately.
Should you notice that any details are incorrect, after you have placed your order, you should contact us without delay to amend any inaccurate details. We cannot guarantee that we will be able to make any such amendments and does not accept any responsibility in this regard.
4. Acceptance of orders
All orders are subject to acceptance by us.
Once we have received your order, we will confirm all the details by e-mail and advise you whether the item(s) you require are in stock.
We aim to deliver your order within 21 days. However, delays may occur if the item(s) you have ordered is/are out of stock. You will be advised of stock availability when we process your order.
During extremely busy periods our delivery periods may also be extended. Where this occurs, we will make every effort to communicate this with you.
The delivery charges that apply to your purchases are specified in Euro.
In the event that, some of the items you have ordered in a single transaction are out-of-stock we may send your order to you by two or more deliveries.
If your goods do not arrive within the time specified above please contact us at firstname.lastname@example.org quoting the receipt number, which you will receive following completion of the checkout process.
Please retain the invoice and shipping notice, which will be sent separately, as it will be required should you decide to return any product under the returns and refunds policy, set out below.
Prices are set out in Euro. We reserve the right to change our prices at any time. Irrespective of any change of prices, you will be charged the price which was specified for the good when you ordered.
You can pay by credit card. We accept PayPal, Visa, Mastercard and American Express. All credit card purchases are subject to validation and credit checks.
We will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering from the Website. You are responsible for all activities that happen under your account, keeping the confidentiality of your account details and ensuring against any unauthorised use of your account. Should you be of the belief that someone has made an unauthorised use of your account, you should take action immediately by informing us and changing your account password.
By completing and submitting the electronic order form on the Website you are making an offer to purchase goods which, if accepted by us, will result in a binding contract.
By making that offer to purchase goods, you are also authorising Dean Kelly to deduct the amount from the card or payment method provided. We will confirm acceptance of your order by email, stating when the goods ordered will be dispatched. This confirmation will be sent to the email address you provide on your order details. Whether or not you receive an email, our acceptance of your order will create a legally binding contract between us. We reserve the right not to supply you at our discretion. Where we are unable to fulfil part or all of your order we will contact you and arrange to refund that amount to you.
8. Right of Withdrawal and Refunds
We seek to ensure that you are happy with your purchases. If you are unhappy with any item which you have purchased from us please contact us at email@example.com within 14 days of delivery of the item(s) to you and advise us that you have goods to return. We will give you a full refund provided that the good(s) which you wish to return are unused, complete and in a re-saleable condition. Goods which are returned for a refund must be returned with the invoice. Your statutory rights are not affected.
If you decide to return any item, you should return the item(s) fully insured, and where possible in the original packaging, and if not, then in packaging sturdy and secure enough to return the item(s) safely to Dean Kelly at your cost within 14 days of such cancellation.
A receipt must be produced to exchange. This does not affect your statutory rights.
Where any valid claim in respect of any goods sold from this Website by us which is based on any defect in the quality or condition of the goods or their failure to meet specification is notified to us in writing, we shall be entitled to replace the goods (or the part in question) free of charge or, at our sole discretion refund the price of the goods (or a proportionate part of the price and/or apply any deduction in value of any goods supplied, if the loss is the result of unnecessary handling by you). Dean Kelly shall have no further liability to you.
9. Events outside our control
We will not be liable or responsible for any failure to perform, or delay in performance of, any of the obligations under a contract that is caused by events outside our reasonable control (Force Majeure Event).
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:
- strikes, lock-outs or other industrial action.
- civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
- fire, explosion, storm, flood, earthquake, subsidence, epidemic, pandemic or other natural disaster.
- impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
- impossibility of the use of public or private telecommunications networks.
- the acts, decrees, legislation, regulations or restrictions of any government.
Our performance under any contract is 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. We will use reasonable endeavours to try and bring the Force Majeure Event to a close or to find a solution by which our obligations under the contract may be performed despite the Force Majeure Event.
If you have any complaints or comments about our online shop or any items supplied to you please contact us at firstname.lastname@example.org.
11.Exclusion of Warranty
Subject to the paragraph below, Dean Kelly makes no warranty or representation as to the quality of any goods sold or their fitness for a particular purpose or their conformity with any description or sample and shall not be responsible for damage or loss of any kind whatsoever (including loss of profits and consequential damages) caused directly or indirectly by the goods supplied.
Additionally, we may use your personal information to send you:
- statements, invoices and collect payments from you;
- general (non-marketing) commercial communications;
- email notifications which you have specifically requested;
- our blog, newsletter and possibly other updates relating to our business, which we think may be of interest to you and which you have consented to receive, by email or similar technology.
- We may also use your personal information to improve your browsing experience by personalising the Website to enable you to use the services available on the Website.
By using this Website:-
- you accept that Dean Kelly cannot guarantee, secure or uninterrupted access, to the Website and that the running of the Website may be disrupted outside our control. We will maintain the Website to the best of our ability but at times your use may be interrupted.
- you accept that you will not let any person attempt to violate site security, nor use software that can extract data from the Website and you understand that any such action may result in criminal prosecution.
- you agree to not use or let another person use the Website to:-
- commercial audio, music or video files;
- material that breaks the law of any established jurisdiction; and/or
- unlicensed software.
- cause any offence whatsoever or harm to any person or organisation using this Website and shall conduct yourself in a kind and respectful manner.
For details of our Disclaimer, click here
14. Governing Law
These terms and conditions are governed by the laws of Ireland and its courts shall have exclusive jurisdiction regarding this Agreement.
If any of these terms are held to be void or invalid by this jurisdiction then it shall be deemed as changed only to the extent minimally necessary to bring it within the laws of this jurisdiction and in that form shall be binding. Subject to that, each provision shall be deemed severable and shall not affect any other of these terms.