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The following terms and conditions govern the sale by Claddagh Jewellers Ltd (hereafter referred to as "The Company") to The Customer for any items of jewellery (hereafter referred to as "products") purchased online. By accepting delivery of the products described on that invoice, agrees to be bound by and accepts these terms and conditions. These terms and conditions are subject to change with 14 days notice, at The Company's sole discretion. Notice will be deemed to have been given, by way of Posting our intention to amend these Terms and conditions on this page.
1. Other Documents. These terms and conditions may NOT be altered, supplemented, or amended by the use of any other document(s). Any attempt to alter, supplement or amend this document or to enter an order for product(s) which is subject to additional or altered terms and conditions will be null and void, unless otherwise agreed to in a written agreement signed by both The Customer and The Company.
2. Governing Law. THE LAWS OF THE REPUCLIC OF IRELAND WILL GOVERN ALL SALES. Venue and jurisdiction for all disputes will lie in Galway, Ireland.
3. Order Acceptance Policy Your receipt of an electronic or other form of order confirmation or acknowledgement does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. The Company reserves the right at any time after receipt of your order to accept or decline your order for any reason. We may require additional verifications or information before accepting any order, including verification of acceptable method of payment in accordance with our credit and fraud avoidance policies.
4. Typographical Errors In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our suppliers, The Company must fulfil the first of any orders placed but will have the right to refuse or cancel any further orders placed for the product listed at an incorrect price or incorrect specifications. The company will have the right to refuse or cancel these further orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, The Company shall issue a credit to your credit card account in the amount of the charge within 1 business day.
5. Payment Terms; Orders; Quotes; Catalogue Terms of payment are within The Company's sole discretion and unless otherwise agreed to by The Company, payment must be received by The Company prior to The Company's acceptance of an order. Payment for the products will be made by charge card, credit card, wire transfer or cleared check. The Company may invoice parts of an order separately but only after prior consultation with The Customer. Orders are not binding upon The Company until accepted by The Company. Any quotations given by The Company will be valid for 10 days, subject to product availability. The Company will not be liable for lost profits, loss of business or other consequential, special, indirect or punitive damages resulting from typographical errors, incorrect information or technical inaccuracies in its Product Catalogue.
6. Shipping Charges; Taxes. When applicable, separate charges for shipping and handling will be shown on The Company's invoice(s). Unless The Customer provides The Company with a valid and correct tax exemption certificate applicable to the product ship-to location prior to The Company's acceptance of the order, The Customer is responsible for all taxes associated with the order, however designated. If applicable, a separate charge for taxes will be shown on The Company's invoice.
7. Title. Title to products passes from The Company to The Customer on shipment from The Company's or a designated shipping point (FOB Warehouse).
8. Inspection by The Customer. The Customer shall inspect all products upon delivery. Failure to inspect products within 7 days after delivery shall constitute a waiver of The Customer's rights of inspection and shall be equivalent to acceptance of the product.
9. Warranties. All items carry a 30 day warranty and The Company, at its sole discretion shall repair or replace all items that have suffered damage not consistent with normal wear and tear.
10. Return Policies. Products that are purchased directly from The Company may be returned in accordance with The Company's return policy.
11. Exchanges. From time-to-time, The Company may, at its sole discretion may exchange products or portions of a product. Any exchanges will be made in accordance with The Company's exchange policies in effect on the date of the exchange.
12. Products. The Company's inventory policy is one of on-going product update and revision. The Company may revise and discontinue products at any time. The Company’s products are all new in accordance with industry practices.
13. Limitation of Liability. THE COMPANY DOES NOT ACCEPT LIABILITY BEYOND THE REMEDIES SET FORTH HEREIN, INCLUDING ANY LIABILITY FOR PRODUCTS NOT BEING AVAILABLE. THE COMPANY WILL NOT BE LIABLE FOR LOST PROFITS, LOSS OF BUSINESS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY EXCEPT AS EXPRESSLY PROVIDED HEREIN.
14. Support and Assistance. Support is available directly from The Company through email, phone or fax.
15. Force Majeure. Failure of The Company, in whole or in part, to perform its obligations hereunder when due, if occasioned by Act of God or the public enemy, fire, explosion, flood, riot, war, insurrection, labour disputes, sabotage, accident, embargo, or by interruption of or delay in transportation, or by any inadequacy or shortage or failure of supply of product, or by compliance with any order, direction, action or request of any court or of any governmental officers, department or agency, or by other cause beyond The Company's control which makes it impracticable for The Company to perform, shall not subject The Company to any liability to The Customer. In such event, The Customer may, at its option, either cancel such order in whole or in part or extend the period for performance to the extent of the delay occasioned by any such circumstance.
16. Use of Site. By accessing, browsing and using The Company Site, The Customer acknowledges that The Customer has read, understood, and agreed to be bound by these terms and to comply with all applicable laws. If The Customer does not agree to these terms, The Customer should not use this Site. The material provided on this Site is protected by law, including, but not limited to Irish copyright law and international treaties. This Site, either in part or in full, may not be reproduced, without prior, written approval. The laws of the Republic of Ireland govern any matter relating to, the use of this Site and the materials contained herein.
17. Use of Trademarks. The trademarks, service marks, and logos (the "Trademarks") used and displayed on this Site are registered and unregistered Trademarks of The Company and others. Nothing on this Site should be construed as granting, by implication, estoppels, or otherwise, any license or right to use any Trademark displayed on this Site, without the written permission of the Trademark owner. The name of The Company or The Company logo may not be used in any way, including in advertising or publicity pertaining to distribution of materials on this Site, without prior, written permission.
18. Confidentiality. The Company will not disclose to any third party any specific information provided by The Customer except as contemplated by these terms and conditions and as may be reasonable or necessary to process orders, verify information provided and to collect amounts owed to The Company. However, The Company does not warrant to The Customer and disclaims any responsibility for maintaining the confidentiality of information provided by The Customer in using this Site and in ordering products or services. In using this Site, The Customer acknowledges that there are inherent risks associated with the electronic transmission of information over the Internet and that The Company will not be liable to The Customer except for wilful misconduct or gross negligence on the part of The Company.
19. Headings. The section headings used herein are for convenience of reference only and do not form a part of these terms and conditions, and no construction or inference shall be derived there from.