Terms and Condition of Sale - Inscape
These terms and conditions shall apply to any and all orders placed
by a customer (hereinafter referred to as “you”) with ISCAPE
Limited trading as Inscape (hereinafter “the Company”,
“we”, “us”.) having its operating address at:
Glenmore
Ballynagaul
Knockraha
Co. Cork
T45 ND82
Ireland
The terms and conditions are, and are deemed to have been, accepted by You once the order has been placed.
1. GENERAL
By
using www.inscape.ie, or such variation of the domain
extension, (“the Website”) and/or placing an order, you agree to be
bound by the terms and conditions set out herein (“the Terms”). Please
make sure you have read and understood the Terms before placing your
order. Orders may only be made by persons aged 18 years or older. We
reserve the right to amend these Terms from time to time without prior
notice to you. The version of the Terms that will apply to your order
will be those on the Website at the time at which you place your order.
The
display of goods on this Website does not constitute an offer to sell
them as described or to sell any goods at all. By clicking to place an
order, you are making an offer to buy which incorporates these Terms.
2. ORDERS
The
order option is available to you via the Website. Orders are only
binding when the order confirmation is sent by the company We will
forward an order confirmation to you by email and issue of such order
confirmation shall constitute an acceptance of your offer to purchase
the goods. If for any reason we are unable to accept your order, we will
notify you of the unavailability of the particular goods. You can then
cancel the agreement and we will refund you any money paid in full.
Alternatively, you can accept any equivalent product which we may offer
to you. If we have already received payment for such order, we will
endeavour to refund you the full amount using the same method used to
make the payment.
3. PRICES AND DELIVERY CHARGES
The
prices displayed on the Website include Value Added Tax (if applicable)
and any other Government taxes or duties which apply. Prices displayed
do not include the delivery charge. The cost of delivery may vary based
on the product order and will notified to you in advance of placing the
order. Payment for the product and the delivery charges will be
processed at the same time as your order confirmation is sent and before
the goods are delivered.
The Website processes payments using Stripe and PayPal.
4. DELIVERY
The
Company exercises the utmost diligence and care in accepting and
processing orders and will endeavour to deliver your orders to the
designated address in accordance with your selected delivery option. We
endeavour to dispatch orders in the fastest possible time frame and in
the order in which they are placed. Full details of the delivery
timeframe are set out in our delivery information FAQ.
Although
we aim to deliver within the communicated time frame, in certain
circumstances, delivery may take longer due to unexpected or unforeseen
events. In the unlikely event that the delivery time exceeds 30 days,
then you may cancel your order and the full amount of the payment
including any delivery charges will be refunded to you. We are not
liable (in contract, negligence or otherwise) for any loss or damage
resulting from the delivery dates not being met, howsoever caused. Our
delivery partners will attempt to deliver the package to you on two
occasions. If our delivery partners are unable to deliver after two
attempts, you will be responsible for making your own arrangements with
the Company or in the alternative the Company reserves the right to
cancel your order and refund the total price and delivery charges to
you.
Where you have ordered more than one item, we may make delivery in one or more instalments at our discretion.
5. CUSTOMER COMPLAINTS
If
you have a problem with any product which you purchase from the
Company, please submit your complaint to the Company at
hello@inscape.ie. We will endeavour to resolve any
complaints or issues in good faith, and in the alternative to provide
you with the right to cancel or withdraw from the transaction in
accordance with the provisions of these Terms.
6. ASSIGNMENT
The
Company reserves the right to assign or pledge with third parties any
claims for payments which have arisen in connection with the delivery of
goods herein.
7. REVIEWS AND TESTIMONIALS
By entering
a review or testimonial on our site or on FEEFO in relation to our
site, you grant the Company a non-exclusive, royalty free licence to
use any of your written reviews in relation to its marketing and/or
advertising including without limitation, in the online store, website,
newsletters, catalogues, email and other customer communications, store
materials and other marketing purposes. You also grant to the Company
the right to edit the reviews before they are published. We will only
publish comments that contain relevant information about a product. We
reserve the right to remove any customer review at any time. You hereby
release and discharge the Company from any obligation to pay you for use
of your texts and any copyright contained therein in connection with
the uses above.
8. CANCELLATION AND RETURN
You may
cancel or return your order at any time prior to delivery of the
products to you and for a period of thirty days after the delivery of
the products to you without any reason. In that event, you must notify
the Company of the cancellation and arrange to return the products to us
no later than thirty days after notifying us of your cancellation. The
cost of returning the goods is a matter for you and you are responsible
for those costs. Products must be unused, in its original condition and packaging.
In the event that you cancel your order, we
will refund to you the total amount paid by you in respect of the
product together with the standard delivery charge on receipt of the
goods from you, or on receipt of evidence that the goods have been
returned to us, whichever is the earlier. If you have not yet received
your order, then we will refund the amount paid within 30 days together
with the standard delivery charge.
Please note that in the event
that you selected non-standard delivery, we are not obliged to refund
any amount in excess of the standard delivery charge to you. We will
reimburse you using the same means of payment as used for the initial
transaction.
9. DAMAGE/DEFECTS TO PRODUCT ON RETURN
In
the event that you cancel your order and return goods in accordance
with the provisions of these Terms, you are obliged to take reasonable
care of the goods prior to returning them. You are also liable for any
diminished value of the goods resulting from handling of the goods
beyond that necessary to establish their nature, characteristics and
functioning. In the event that there is any damage, soiling, or staining
to the goods on return from you, the Company reserves the right to
withhold such portion of the refund due to you as is commensurate with
the reduction in the value of the product by reason of the handling of
the goods by you beyond that necessary to establish their nature,
characteristics and functioning.
10. COLOURS AND MEASUREMENTS
We
make all reasonable efforts to accurately display the attributes of our
products specifications.
If the item received is not suitable for you, then we are
happy to offer you an alternate or replacement on receipt of the returned item from
you or to process a refund to you subject to compliance with Clause 8.
11. GUARANTEE
If the product received is not fit for use,
has damage or a defect, please contact us immediately and we will
endeavor to replace item with same product once we have it in stock or
can acquire it for you. Once you have contacted us with details of the
issue, we will arrange how to proceed with returning products in
accordance with Clause 8 and we will process a refund to you in
accordance with the provisions thereof or offer you a replacement as
appropriate. The Company is fully compliant with all consumer law and
implied warranties regarding fitness for purpose of goods.
For the avoidance of doubt, the Company is not the manufacturer of the products sold and operates as a distributor only.
12. RETENTION OF TITLE
The title to the products ordered by you passes to you when the products are shipped.
13. REMEDIES AND RIGHTS
Our
liability pursuant to these terms of sale shall be limited to the
replacement of the products furnished to you by the Company or at our
option, the reimbursement of the price paid together with standard
delivery charges. We have no further liability to you other than as
described in this Clause under these terms of sale or on any other basis
including liability in tort as a result of the sale of goods, save to
the extent that nothing in these conditions of sale shall exclude or
limit or liability for death or personal injury resulting from our
negligence, or that of any of our employees or agents, nor shall they
operate to exclude or limit any statutory rights which cannot be legally
excluded or limited including statutory rights of a consumer. We will
not under any circumstances be liable to you by reason of any
representation or warranty, condition or other term or duty at common
law or under the express terms of these Terms for any consequential,
special, incidental or punitive loss or damage (whether for loss of
current or future profits, loss of enterprise, value or otherwise) and
whether occasioned by our negligence or that of our employees or agents
or otherwise, even if advised of the possibility of such damages.
We
are not liable for delays in performance (including delivery or
service) caused by circumstances beyond our reasonable control and will
be entitled to a time extension for performance. This shall include any
strikes, problems with suppliers or transport, industrial relation
problems, exchange fluctuations, governmental or regulatory reaction and
natural disasters. If the conditions last for more than one month, the
agreement may be terminated by either party without compensation to the
other.
We accept liability for death or personal injury caused
by our negligence and that of our employees or agents. We do not seek to
exclude liability for any fraudulent misrepresentation by us or our
employees or agents. If we breach these terms, we shall only be liable
for losses which are a reasonably foreseeable consequence of any such
breach.
14. DATA PROTECTION
The Company is fully
compliant with GDPR and Data Protection Laws. We will process personal
data in the business of the Company. Please see our Privacy Policy.
15. ENTIRE AGREEMENT & SEVERANCE
These
Terms expressly incorporate our privacy policy and terms and conditions
of use for our Website. Together they contain the entire understanding
and agreement between the Company and the Customer relating to the sale
of products by the Company through this Website. Each of these terms and
provisions are separate and severable and enforceable accordingly and
if at any time any provision is adjudged by any court or regulatory
authority or agency of competent jurisdiction to be void or
unenforceable in whole or in part the validity, legality and
enforceability of the remaining terms and provisions hereof shall not in
any way be affected or impaired thereby.
16. GOVERNING LAW
These
conditions of sale shall be governed in accordance with the laws of the
Republic of Ireland and the exclusive jurisdiction of the courts of
Ireland.
17. COMPANY INFORMATION
ISCAPE Limited
Operating Address: Glenmore, Ballynagaul, Knockraha, Co. Cork, T45 ND82, Ireland
Registered No: 204952
Contact Details: hello@iscape.ie
Phone No: + 353 21 435 4518