The following are the terms and conditions for use of Pauls Kilkenny website or any Internet site to which the website is linked (the “website”).
WEBSITE: USE AND SECURITY
You are entirely responsible for any and all activities that occur under your account which is provided to you by Authipay who host the transactional element of the website. You agree to notify us immediately of any unauthorised use or any other breach of security.
WEBSITE: PRIVACY & DATA USE
We do not hold any personal data. Instead, personal data is stored on a remote secure server and used and is the full responsibility of Swan Retail who host the website. If you have any questions concerning website privacy and data use, we suggest that you refer to Swan Retail.
WEBSITE: CONDUCT
You agree to abide by all applicable local, state, national and international laws and regulations and are solely responsible for all acts or omissions that occur under your usage, including the content of your transmissions through the website. All information, designs, drawings and other specifications provided on the website are the exclusive property of Pauls Ltd. Any copying, transmission orre-transmission of the same requires the prior written approval of Pauls Ltd.
WEBSITE: ADVERTISING
We reserve the right at all times to place advertisements and promotions on the website. Advertisers and sponsors on the website are solely responsible for complying with all local, national, state and international laws (where relevant) and we exclude all liability howsoever caused there from.
WEBSITE: ORDERS AND STOCK
If your Order is not accepted by Pauls Kilkenny, we will notify you by telephone or email and arrange for a full refund of any payment made by you to be processed. Pauls Kilkenny may, in its sole and absolute discretion, accept or reject any offer made by you for any reason (or no reason), including an error in the advertised price for, or description of, goods or services on the website, or an error of any kind in or relating to your Order. Any representations made at any time about stock availabilities are accurate to the last known stock level and are subject to change. If Pauls Kilkenny cannot supply particular goods, Pauls Kilkenny will notify you by telephone or email as soon as possible.
PRICE OF GOODS
The price listed on the Website (the ‘price’) for Pauls Kilkenny products (the “products”) will be as stipulated at the time when you place your order on the website. We are entitled to make adjustments to the price to take account of any increase in our supplier’s prices, or the imposition of any new taxes or duties, or if due to an error or omission the price for the products on the Website is wrong.
DELIVERY
We will endeavour to deliver the products to you within the lead-time shown for each product at the time of purchase, within the island of Ireland, where this is practical. However, products are subject to availability and delays may sometimes occur that are outside of our control. Any dates specified for delivery are therefore approximate only. If delivery is delayed for more than 21 days, you have the right to contact us and refuse to accept the products. In these circumstances, we will refund any money paid by you for those products and any delivery monies you have been charged. However, we will not be responsible for any other losses, costs, damages or charges that you may suffer if we delay in supplying or do not supply those products. At the time of delivery, you will be required to validly sign-off on the delivery of the products, after which time the products become your sole responsibility.
CLAIMS
You have a statutory right to a 14-day cooling-off period when purchasing online. If a product is defective in any way, please return it with a covering letter and we will either deliver a new one to you or refund you the cost of the product.
ACCORDANCE WITH SPECIFICATION
All descriptive matter, drawings, pictures, colours, specifications and advertising on the website are for the sole purpose of giving an approximate description of the products.
DISCLAIMER OF WARRANTIES
The information contained in the website is for information purposes only and, although we have made every effort to ensure the correctness of the information contained herein, the information available through the website is provided “as is” and “as available” and without warranties or conditions of any kind either expressor implied. We do not warrant or represent that the use or the results of the use of the materials available through the Website or from third parties will be correct, accurate timely, reliable or otherwise. We accept no liability in relation to any of the above other than as may be provided for under your statutory rights.
PROPRIETARY RIGHTS TO CONTENT
You acknowledge that content, including but not limited to text, software, music, sound, photographs, video, graphics or other material contained in either sponsor advertisements or email-distributed, commercially produced information presented to you on the Website by us, or our advertisers or other content providers, is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws.
CONTRACT
No contract will subsist between you and Pauls Kilkenny or any partner store of Pauls Kilkenny for a sale to you of any product or service unless and until Pauls Kilkenny or the Pauls Kilkenny store accepts your order by e-mail confirming that it has dispatched your order. That acceptance will be deemed complete and will be deemed for all purposes to have been effectively communicated to you at the time Pauls Kilkenny sends the e-mail to you (whether or not you receive that e-mail).
MODIFICATION OF TERMS
We reserve the right to change the terms of use or policies regarding the use of the website (including, in particular, those relating to price or availability) at any time and to notify you by posting an updated version of the terms of use on the Website.
GENERAL
We shall not be liable for any failure to perform any of our obligations under these terms and conditions which is caused by circumstances beyond our reasonable control including, but not limited to any force majeure incident. Our failure to exercise or enforce any right or provision of the terms of use shall not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. The section titles in the terms of use are solely used for the convenience of the parties and have no legal or contractual significance.
LAWS
The terms of use shall be governed by and construed fully in accordance with the laws of Ireland. You and we agree to submit to the exclusive jurisdiction of the courts located in Ireland. If any provision(s) of the terms of use is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect.
TERMINATION
We may terminate the Website with or without cause at any time and effective immediately. In addition, we, in our sole discretion, may terminate your Account for violation of the letter or spirit of these terms and conditions.
