GENERAL WEBSITE TERMS OF USE
IMPORTANT LEGAL STUFF
1. THESE CONDITIONS
1 (A) In these Conditions, the following definitions shall apply
1 (B) “We” means Hairy Baby Clothing Company Limited (and “us”, “our” etc shall be Interpreted accordingly)
1(C) “Buyer” means the company, person, partnership or other legal entity buying or agreeing to buy Goods from us
1(D) “Goods” means all goods to be supplied by us to a Buyer.
1(E) “Delivery Period” means the period specified by us at the time of an order being placed in which Goods will be delivered.
1(F) “Director” means the Director or Directors of Hairy Baby Clothing Company Limited.
1(G) These conditions are the only conditions on which we sell Goods unless we agree otherwise by written notice signed by the Director, these conditions shall apply to the exclusion of all other terms and conditions, including any terms and conditions which the Buyer may purport to apply under any purchase order, confirmation of order or similar document. Any variation to these conditions shall be inapplicable unless agreed in writing signed by the Director.
2. ORDERS
2 (A) All orders for Goods shall be deemed to be on offer by the Buyer to purchase Goods subject to these conditions.
2 (B) All Goods are offered and sold subject to sufficient stock being available and to the price being confirmed by us.
3. CANCELLATION OF ORDERS
3 (A) We may cancel all or part of any order for Goods at any time before the Goods are delivered by giving written notice to the Buyer. On giving such notice we shall within seven days repay to the Buyer any sums paid in respect of a cancelled order. We shall not be liable for any loss or damage arising from such cancellation.
3 (B) The Buyer may not cancel or vary any order without written consent from the Director upon terms that shall indemnify us against all losses including loss of profits, costs, damages, charges and expenses incurred by the Buyer.
4 PRICE AND PAYMENT
4 (A) We reserve the right at all times to revise the price of the Goods due to factors beyond our control including, but not limited to foreign exchange fluctuations, alteration of duties, increase in cost of production or transport.
4 (B) Any price quoted by us at the time a Buyer makes an order for Goods shall be an estimate only and the actual price to be paid by the Buyer for the Goods shall be as set out on the invoice, plus VAT at the rate in force on the date of the invoice.
4 (C) Payment of the invoice is due on the date indicated on the invoice. If no date is indicated, the invoice shall be due for payment within 30 days of the date of the invoice.
4 (D) If the Buyer fails to make payment in full on the due invoice date, we shall be entitled to:
4 (D1) Charge interest on overdue invoices that shall accrue from the date of invoice from day to day until the date of payment at a rate per annum of 5% above the AIB base rate from time to time in force.
4 (D2) Cancel or suspend any further deliveries or collections of Goods
4 (D3) Appropriate any payment made by the Buyer to such of the Goods, or Goods supplied by us under any other contract with the Buyer as we may see fit.
4 (E) Any claim against us by the Buyer in respect of Goods shall not entitle the Buyer to withhold payment for any part of any Goods ordered by the Buyer from us, nor shall the Buyer be entitled to set off any such claim against any claim by us for the price of any Goods.
4 (F) The method of payment shall be as specified on the invoice and all payments will be in Euros.
4 (G) New accounts are subject to two trade references and a banker’s reference and until such time as satisfactory references have been received by us, no Goods shall be delivered without receipt of payment in full.
5. DELIVERY
5 (A) All delivery dates are estimates and we shall not be liable for any loss or damage whatever due to our failure to deliver the Goods, or any part of them, promptly or at all.
5 (B) Notwithstanding that we may have delayed or failed to deliver the Goods, or any part of them, promptly, the Buyer shall be bound to accept delivery and to pay for the Goods received in full, provided that the delivery is made within thirty days of the order being placed.
5 (C) Delivery of the Goods shall be made to the Buyers address on or about the delivery date. The Buyer shall make all necessary arrangements to take delivery of the Goods whenever they are tendered for delivery. We shall not store any Goods on behalf of the Buyer after such date. If we do, we may charge the Buyer a reasonable fee for storage.
5 (D) We may deliver Goods ordered by the Buyer in separate instalments. Each separate instalment shall be invoiced and paid for in accordance with the terms and conditions.
6. ACCEPTANCE OF THE GOODS
6 (A) The buyer shall be deemed to have accepted the Goods three days after delivery to the Buyer and the provisions of the Sale of Goods and Supply of Services Act 1980 in relation to acceptance are hereby excluded.
6 (B) After acceptance the Buyer shall not be entitled to reject Goods otherwise than as provided herein.
6 (C) No Goods delivered to the Buyer which are in accordance with the contract will be accepted for return without the prior or written approval of the Director on such terms as we may determine at our absolute discretion.
6 (D) We shall endeavor to deliver the exact colour as in the sample range shown to the Buyer, and in the quantities and sizes ordered by the Buyer, but no objection shall be taken by the Buyer to any slight variation of shade, quality or sizes nor shall the same entitle the Buyer to return the Goods (in whole or in part) or claim damages.
7. RISK AND TITLE OF THE GOODS
7 (A) The Goods shall be at the Buyers risk as from delivery.
7 (B) In spite of delivery having been made, title to the Goods shall not pass from us until:-
7 (B1) The Buyer shall have paid the price in full plus VAT in full; and
7 (B2) No other sums whatsoever shall be due to us from the Buyer
7 (C) Until property in the Goods passes to the Buyer in accordance with clause 6.B the Buyer shall hold the goods as our bailee. The Buyer shall store the Goods (at no cost to us) separately from all other goods in its possession and marked in such a way that they are clearly identified as our property.
7 (D) Notwithstanding that the Goods (or any of them) remain our property the Buyer may sell the Goods in the ordinary course of the Buyers business at full market value for our account. Until property in the Goods passes from us the entire proceeds of sale or otherwise of the Goods shall be held in trust for us and shall not be mixed with other money and shall at all material time be identified as our money.
7 (E) We shall be entitled to recover the price (plus VAT) notwithstanding that property in the Goods has not passed from us.
7 (F) Until such time as property in the Goods passes from us the Buyer shall upon request deliver up such Goods as the Buyer may have in its possession. If the Buyer fails to do so we may enter upon any premises owned occupied or controlled by the Buyer where the Goods are situated and repossess the Goods.
7 (G) The Buyer shall not pledge or in any way charge by way of security for any indebtedness any of the Goods, which are our property. Without prejudice to our other rights if the Buyer does so all sums whatever owing from the Buyer to us shall forthwith become due and payable.
7 (H) The Buyer shall insure and keep insured the Goods to the full price against all risks until the date the property in the Goods passes from us. Without prejudice to our other rights if the Buyer does so all sums whatever owing from the Buyer to us shall forthwith become due and payable.
7 (I) Until such time as title in the Goods has passed to the Buyer any money received by the Buyer as a result of any insurance claim of whatever nature with regard to the Goods shall be held on trust for us as if it had been a payment received from a third party in accordance with clause 7.D above and shall upon receipt thereof by the Buyer be immediately remitted to us.
8. EXCLUSION CLAUSES
8 (A) All implied terms conditions and warranties relating to the condition, quality and/or fitness for purpose of the Goods or any of the Goods are excluded. Your statutory rights are not affected.
8 (B) This is not a contract of the sale of the Goods by sample. If and in so far as the Buyer may have inspected a sample of the Goods the same was for the purpose of the Buyer’s information as to the general nature of the Goods and did not and was not intended to have any contractual effect. This contract is not a sale of the Goods by description and any description of the Goods is by way of identification only.
9. FORCE MAJEURE
9 (A) We shall have no liability whatsoever under, or in any way related to the sale and purchase of the Goods or otherwise for any failure to fulfill any obligation hereunder if and to the extent that such fulfillment is prevented by circumstances beyond our reasonable control.
10. INTELLECTUAL PROPERTY AND WEBSITE SIGNAGE
10 (A) The specifications and designs of the Goods (including the copyright, trademarks, design right, or other intellectual property within them) shall remain our property as between us and the Buyer. No right or license is granted under these terms and conditions to the Buyer under any patent, trademark, copyright, registered design or other intellectual property right except the right to use or resell the Goods.
10 (B) The Buyer shall only display the “HairyBaby” name on material supplied by us or approved in writing beforehand by the Director.
10 (C) Any Goods sold in retail packaging may be resold by the Buyer only in the packaging supplied by us and in no case may any trade mark other than those supplied by us be marked on or applied in relation to the Goods.
10 (D) The Buyer undertakes to offer the Goods for sale only through his established high class good quality retail outlets to individual consumers and agrees that breach of this Condition shall be a repudiation by him of these Conditions. The Buyer undertakes to cease supply of the Goods to third parties as soon as it becomes aware that such third party is not acting as an individual consumer.
10 (E) COPYRIGHT
© Copyright 2017 care of Hairy Baby Clothing Company Limited.
10 (F) We are the operators of this website, and the contents of it are our property. We are the owners of the compilation of information in this website.
10 (G) Our rights, are protected by Irish, European, and International intellectual property laws, including those for the protection of copyrights, trademarks, and database rights. Misuse of this website may incur civil liability or attract criminal sanctions.
10 (H) We grant you a limited, non-exclusive and revocable licence to access our website for the purposes of browsing our product offer(s), ordering goods or services from us (or our affiliates), or obtaining contact information for us (or our affiliates).
10 (I) Your licence to access our website does not extend to any commercial use of our website, or to any use of our website whatsoever which is for the benefit of any commercial entity other than us.
10 (J) You are expressly not permitted to download any part of our site (other than by reason of automatic page caching), to amend or modify it or any part of it, to reproduce or copy, sell (including any resale), or otherwise exploit our website (or any part of it) for any purpose other than as set out above, nor are you permitted to frame our website or to link to any element of it other than the homepage.
10 (K) You are permitted to link to our homepage, provided that the link is not misleading, false, derogatory, or otherwise prejudicial to our suppliers interests, but you are expressly not permitted to use any of our logos or graphics either as or in connection with such a link.
11. NON-EXCLUSIVITY
11 (A) The Buyer confirms and understands that it shall have no exclusivity to offer any of our Goods for sale in a particular area or areas and that we are free to sell any of our products whether they are of the same type as those contained in any order for the Goods by the Buyer or any other customer of ours in the area where the Buyer carries on its trade or elsewhere, unless agreed in writing by the Director.
11 (B) Any goodwill attaching to the sale by the Buyer of Goods shall belong to us.
12. CANCELLATION & RETURNS POLICY/ DISTANCE SELLING REGULATIONS
Under the Distance Selling Regulations you have a right to cancel an order for a product purchased from us within seven working days from the day after the date on which the product was delivered (note: this cancellation right does not apply to products made to a particular specification or to personalised products).
To exercise your right of cancellation, please contact:
– by email to enquiries@hairybaby.com
– by telephone on (R.O.I) 021 4355856
– by writing to: HairyBaby.com
Unit 101 Harbour Point Business Park
Little Island
Cork
Rep Of Ireland
Please return it to us with all packaging, etc. within ten days, 3 additional days over the 7 statutory days, giving notice that you wish to cancel the order at the following address:
If you decide to return a substitute product or a product that is damaged or defective on receipt by you, we will meet the reasonable postage costs of returning the substitute product.
Please be aware that you will be responsible for the costs of returning a product to us unless we:
(i) delivered the product to you in error;
(ii) provided you with a substitute product; or
(iii) if the item is damaged or defective upon delivery to you.
If we do not receive the product back from you, together with all packaging, warranty cards and manuals, etc. within a reasonable period we may arrange for collection of the product from you at your cost.
Where a product has been purchased by you as part of a pre-packaged bundle of products, all products within that bundle must be returned.
This Cancellation & Returns Policy does not affect your statutory rights as a consumer.
13. ANY PROBLEMS
If you are dissatisfied in any way with your order please call (R.O.I) 021 4355985 and we will deal with your complaint.
Lines are open Mon-Fri 9am to 5pm
14. AVAILABILITY
All orders for products are subject to availability. In the event of supply difficulties we reserve the right to substitute items of equal quality and value. You will be notified of such substitutes when you place your order.
15. SUPPLY
We reserve the right to refuse to supply any individual or company.
16. CREDIT CARD PAYMENTS
We are unable to accept Cards that are due to expire within the next FIVE Days. Card Details are checked and verified by a third party and goods are dispatched once authorisation has been obtained.
17. UNENFORCEABILITY
If any term of this agreement is unenforceable for any reason, it shall not affect the enforceability of any other term of this agreement.
18. TAXES
It is possible that other taxes or costs may exist that are neither paid nor imposed by us. We shall not incur any liability in that regard.
19. PRIVACY STATEMENT
If you have any requests concerning your personal information or any queries with regard to these practices please contact us.
19 (A) INFORMATION COLLECTED
We collect personal information from users of the Site through the use of enquiry forms and every time you email us your details.
19 (B) USE OF PERSONAL INFORMATION
We process personal information collected via the Site for the purposes of dealing with your requests and providing you with information about the products and services we can offer you. So that we can deal with your requests and provide this information we may sometimes pass your personal information to other organisations assisting us.
19 (C) We collect and analyses aggregate information to monitor the performance of the Site.
19 (D) DISCLOSURES
We will only disclose your personal information to group companies, purchasers of our business or other companies engaged by us to process data on our behalf.
19 (E) INTERNET BASED TRANSFERS
Using the Internet to collect and process personal data necessarily involves the transmission of data on an international basis. Therefore, by using this Site and communicating electronically with us, you acknowledge and agree to the processing of personal data in this way by us.
20. LIMITATION OF LIABILITY
Nothing in these Terms limits or excludes our liability for: (i) death or personal injury as a result of negligence; (ii) fraudulent misrepresentation; or (iii) any other liability which cannot be limited or excluded by law.
Subject to the above paragraph, we will not be liable, whether in contract, in tort (including, but not limited to, negligence) or otherwise arising out of or in connection with these Terms for any economic losses (including, but not limited to, loss of revenues, data, profits, contracts, business or expected savings) or loss of goodwill or reputation or special or indirect losses suffered or incurred by you arising out of or in connection with these Terms.
You acknowledge that we shall not have any liability to you whatsoever in respect of our Online Store including, but not limited to, regarding any misrepresentation misstatement or breach of any term, condition or warranty given by us in connection with any product made available on the Online Store. This document in it’s entirity is the legal property of Hairy Baby Clothing Company and in the event that we find it has been replicated for use on another website will constitute theft and we reserve the right to commence criminal proceedings. We will notice!
This Term does not affect your statutory rights as a consumer, including your right of cancellation under the Distance Selling Regulations 2000.
21. LAW AND JURISDICTION
21 (A) All contracts made under these Conditions shall be governed by the law of The Republic Of Ireland.
21 (B) All disputes arising out of this contract shall be subject to the exclusive jurisdiction of the Courts of The Republic Of Ireland.
Thanks a million for reading all the way down to my bottom.