Terms and Conditions
Use of this Website
Access to and use of this website is provided subject to the Terms and Conditions of Use (this document) which you should read carefully. By accessing this website you hereby accept same. While The Gift Horse has taken all reasonable steps to ensure the accuracy and completeness of the information on the pages of this site it can accept no legal liability in respect of any inaccuracy or incompleteness in such information.
The Gift Horse is NOT responsible for the contents of any off-site pages referenced or linked to.
Disclaimer and Waiver of Liability
Every effort has been made to ensure that the information provided on this website is accurate and up-to-date. If you notice any errors or omissions please let us know as soon as possible.
It is our policy to respond and correct errors within 7 working days of receiving accurate and verified information.
The Gift Horse and its employees or agents assume no responsibility for and give no guarantees, undertakings or warranties concerning the accuracy, completeness or up-to-date nature of the information provided on the web site at this time and do not accept any liability whatsoever arising from any errors or omissions.
The site sometimes links to external sites over which The Gift Horse has no control and accepts no responsibility.
Any links from this website to external websites are provided as a matter of convenience only. They should not be taken as an endorsement of the contents or practices of those external websites.
Trading terms and conditions of The Gift Horse
These terms and conditions regulate the business relationship between you and us. By using Our Website in any way, or by buying from us, you agree to be bound by them.
No person under the age of 18 years may purchase Goods. If you are under 18, please confer with an adult to make your purchase.
We are: The Gift Horse
You are: a visitor to Our Website / our customer
The terms and conditions
In this agreement:
means any person or business contracted by us to carry Goods from us to you, whether all or part of the distance.
means any natural person who, in connection with this agreement, is acting for purposes which are outside his business.
means the entire computing hardware and software installation that is or supports Our Website.
means any of the Goods we offer for sale on our Website
means any material in any form published on Our Website by us or any third party with our consent.
means Content of any sort posted by you on Our Website
Our contract with you
These terms and conditions apply:
- So far as the context allows, to you as a visitor to Our Website; and
- in any event to you as a buyer or prospective buyer of our Goods.
- We shall accept your order by e-mail confirmation. That is when our contract is made. Our message will also confirm details of your purchase and tell you when we shall despatch your order.
- We may change these terms from time to time. The terms that apply to you are those posted here on Our Website on the day you order Goods.
- Unfortunately, we cannot guarantee that Goods advertised on our website are always available.
- If we do not have all of the Goods you order in stock, we will offer you alternatives. If this happens you may:
- accept the alternatives we offer;
- cancel all or part of your order;
- If in future, you buy Goods from us under any arrangement which does not involve your payment via Our Website, these terms still apply.
- If we owe you money on account of your cancellation, we will credit your credit or debit card as soon as reasonably practicable but in any event no later than 30 days from the date of cancellation of your order.
Price and Payment
- We endeavour to keep our website prices up to date and accurate but it is possible that the price may have changed from that published. If that happens, we will not send your order until you have confirmed that you wish to order at the new price.
- Banking charges by the receiving bank on payments to us will be borne by us. All other charges relating to payment in a currency other than Euros will be borne by you.
- Any information given by us in relation to exchange rates are approximate only and may vary from time to time.
- Prices include Irish value-added tax.
Cancellation of order
- If you are a citizen of the European Union, and you bought the Goods as a Consumer, you may cancel your order at any time before we despatch your order or before the expiry of 7 working days from the date you receive your order, not including the day you received it.
- As required by the Distance Selling Regulations, details of our after-sales service and guarantees, if any, are given on our website.
- If you cancel before we have sent the Goods, we will refund to you the price of the Goods and the cost of delivery, if any.
- If you cancel after we have despatched the Goods, we will refund the price of the goods only.
- The option to cancel your order is not available if the Goods are:
- made to your specification;
- altered to your specification
- If you cancel your order after we have despatched the Goods, you must return them to us within 7 days in the same condition in which you received them. We cannot refund your money if the Goods have been used, worn or damaged.
- You are responsible for the cost of returning them.
- To assist us in identifying your Goods on receipt by us, we ask you to telephone +353 (0)56 778 6527 or email firstname.lastname@example.org for a returns reference to be placed below our address/returns label.
- If you fail to return the goods, within 14 days, we are entitled to arrange for their collection. If we do we shall look to you to repay us the cost of collection.
- We will refund your money within 30 days.
- This paragraph does not affect your rights in the event that the Goods are faulty.
Foreign taxes, duties and import restrictions
- If you are not in the Republic of Ireland, we have no knowledge of, and no responsibility for, the laws in your country.
- You are responsible for purchasing Goods which you are lawfully able to import and for the payment of import duties and taxes of any kind levied in your country.
Disclaimer of Warranties
- We or our Content suppliers may make improvements or changes to Our Website, the Content, or to any of the Goods, at any time and without advance notice.
- You are advised that Content may include technical inaccuracies or typographical errors. This is inevitable in any large website. We would be grateful if you bring to our immediate attention, any that you find.
- We give no warranty and make no representation, express or implied, as to:
- the adequacy or appropriateness of the Goods for your purpose;
- the truth of any Content on Our Website published by someone other than us;
- any implied warranty or condition as to merchantability or fitness of the Goods for a purpose other than that for which the Goods are commonly used;
- compatibility of Our Website with your equipment, software or telecommunications connection.
- Our Website contains links to other Internet websites outside our power and control. You acknowledge and agree that we shall not be liable in any way for the Content of any such linked website, nor for any loss or damage arising from your use of any such website.
Limitation of Liability
- We are not liable in any circumstances for special, indirect or consequential loss or any damages whatsoever resulting from loss of use, loss of data or loss of revenues or profits, whether in an action of contract, negligence or otherwise, arising out of or in connection with your use of Our Website or the purchase of Goods. To the fullest extent permitted by applicable law, under no circumstances, including, but not limited to, negligence, shall we be liable to you for any direct, indirect, incidental, special or consequential damages that result from the use of or the inability to use the Website, any changes to the Website, any material or data sent or received or not sent or received or for any of the above-mentioned damages that result from the use or inability to use the product(s).
- In any event, including the event that any term or condition or obligation on our part (“Implied Term”) is implied into these conditions by law, then our liability is limited to the maximum extent permitted by law, to the value of the goods or services you have purchased.
- The above two sub paragraphs do not apply to a claim for personal injury.
We are not liable for any breach of our obligations resulting from causes beyond our reasonable control including but not limited to strikes of our own employees or any force majeure incident.
Content and Intellectual Property Rights
- We will defend the intellectual property rights in connection with our Goods and Our Website, including copyright in the Content whether provided by us or by any other content provider (including copyright in: text, graphics, logos, icons, images, audio clips, digital downloads, data, and software).
- We also claim copyright in the designs and compilation of all Content of Our Website. Title and ownership rights shall remain the sole property of us and / or the other content provider. We will strongly protect those rights in all countries.
- Except as set out below, you may not copy, modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the Content, in whole or in part.
- You may not use our name or logos or trade marks or any other Content on any website of yours or that of any other person.
- Subject to the other terms of this agreement, you may download or copy Content only for your own personal use, provided that you maintain all copyright and other notices contained in it. You may not store electronically any significant portion of any Content.
Your email address
- You represent that any username or email address selected by you, when used alone or combined with a second or third level domain name, does not interfere with the rights of any third party and has not been selected for any unlawful purpose.
- You acknowledge and agree that if we believe such selection does interfere with the rights of any third party or is being selected for any unlawful purpose, we may immediately suspend the use of such name or email address, and you will indemnify us for any claim or demand that arises out of your selection.
- You acknowledge and agree that we shall not be liable to you in the event that we are ordered or required by a court or judicial authority, to desist from using or permitting the use of a particular domain name as part of a name or email address.
- If you post any Material in Our Website, you warrant that you own the copyright in it and you accept all risk and responsibility for it. You grant to us the right to edit, copy, publish, distribute, translate and otherwise use it in any medium and for any purpose.
- You agree that if you do post any Material on Our Website, in doing so, you grant to us a non-exclusive, irrevocable, royalty-free, right in perpetuity to use that Material in any way whatever, throughout the World in any medium. You agree to waive your right to be identified as the author and your right to object to derogatory treatment of your Material.
- You agree to perform all further acts necessary to perfect any of the above rights granted by you to us, including the execution of deeds and documents, at our request.
- You represent and warrant that:
- you own the rights to all of the Material that you post;
- any fact stated in your Material is accurate.
- We will do our best to maintain Our Website so that you have constant use, but there will be times when your use may be interrupted.
- You agree that you will not, and will not allow any other person to violate or attempt to violate any aspect of the security of Our Website.
- You may not use any software tool for the purpose of extracting data from our website.
- You understand that any such violation is unlawful in many jurisdictions and that any contravention of law may result in criminal prosecution.
Acceptable use Policy
As a condition of your use of Our Website, you agree to comply with these provisions:
- You will not use or allow anyone else to use the Web Site to post or otherwise publish:
- copyright works;
- commercial audio, video or music files;
- any Material which violates the law of any established jurisdiction;
- unlicensed software;
- software which assists in or promotes: emulators, phishing, hacking, password cracking, IP spoofing;
- links to any of the material specified in this paragraph;
- pornographic Material;
- any Material promoting discrimination or animosity to any person on grounds of gender, race or colour.
- You will not use the Services for spamming. Spamming includes, but is not limited to:
- The bulk sending of unsolicited messages, or the sending of unsolicited emails which provoke complaints from recipients;
- The sending of junk mail;
- The use of distribution lists that include people who have not given specific permission to be included in such distribution process;
- Excessive and repeated posting off-topic messages to newsgroups;
- Excessive and repeated cross-posting;
- Email harassment of another Internet user, including but not limited to, transmitting any threatening, libellous or obscene material, or Material of any nature which could be deemed to be offensive;
- The emailing of age-inappropriate communications or content to anyone under the age of 18.
You agree to indemnify us against any claim or demand, including reasonable lawyers’ fees, made by any third party due to or arising in any way out of your use of Our Web Site, your posting any Material, or the infringement by you, or by any other person using your computer, of any intellectual property or other right of any person.
If any manuals or safety instructions are provided with the Product, you agree to read and follow carefully all the terms contained therein at all times. Any information contained on the Website is not meant to be comprehensive and if you are inexperienced in using the Product or are unsure of your abilities, you should always seek expert advice and assistance.
- When we communicate with you we do so by email. You agree that email communications are contractually binding in the same way as properly signed and dated paper sent by post.
- Where we provide goods or services without specific charge to you, then it (or they) is deemed to be provided free of charge, and not to be associated with any other goods or service for which a charge is made. Accordingly, there is no contractual nor other obligation upon us in respect of those goods or service.
- Nothing in this agreement or on Our Website shall confer on any third party any benefit or obligation.
- If any of these terms is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.
- No waiver by us, in exercising any right, power or provision in this agreement shall operate as a waiver of any other right or of that same right at a future time; nor shall any delay in exercise of any power or right be interpreted as a waiver.
- In the event of a dispute arising out of or in connection with these terms or any contract between you and us, then you agree to attempt to settle the dispute by engaging in good faith with us in a process of mediation before commencing arbitration or litigation.
- This Agreement shall be governed by and construed in accordance with the law of the Republic of Ireland. This agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is hereby expressly excluded.
The Gift Horse